Mind the Gap PL trading as ‘MTG Media’ – Terms & Conditions – (our safety net)
1) The following Terms and Conditions, together with your credit application, form the terms of your contract with Mind the Gap PL (hereinafter referred to as ‘MTG’). By submitting a credit application or ordering products or services from us you indicate your acceptance of these terms. MTG reserves the right to amend these Terms at any time and you should always periodically refer to our current terms and conditions in our web site before using our services. Please refer to our web site for details.
‘The Client’ means a company or natural person placing an order for services offered by MTG. References to ‘you’ are references to the client.
‘MTG’ means Mind the Gap Pty Ltd (ABN 29 108 162 867) trading as ‘MTG Media’, and hereinafter referred to as ‘MTG’. References to ‘we’ or ‘us’ are references to MTG ;
‘Arrears’ means any amount invoiced by MTG unpaid after 30 days from date of invoice.
‘Working day’ means 9am – 5.30pm, Monday to Friday.
a) MTG uses experienced, professional photographers and a sophisticated combination of photography, lighting and professional retouching. MTG works to a tried and tested methodology to deliver a consistently high quality of service for our clients.
b) MTG reserve the right to charge our hourly photography rate, or part thereof, current at the time of the booking (incl. gst), where our allocated times for our photography services are exceeded due to excessive lateness, unreasonable demands or foreseeable delays on site.
MTG reserve the right to charge our hourly retouching rate, or part thereof, current at the time of the booking (incl. gst), where our typical retouching times needed to complete the image(s) are exceeded due to poor communications, unreasonable demands or special requirements.
c) The office will notify the client if extra charges are to be incurred. The hourly rate charged, or part thereof, will be the rate current at the time of the booking (incl. gst).
d) Please note our Cancellation policy at clause 15)b) below.
3) De-Cluttering for Photography
a) MTG accepts the need to perform a ‘reasonable’ level of ‘de-cluttering’ to rooms or gardens (and indeed sees this as very necessary in some instances to achieve the superior images required by us and our clients). However, there are limitations to what de-cluttering is included in our service and that can be achieved in the allocated time. It should be noted that assistance by the Client will be required for any heavy or awkward furniture or other objects that require moving to achieve the desired outcome.
b) Included in our rates for de-cluttering is a maximum of one quarter of the total time allocated for the photography service booked. This de-cluttering does not include heavy lifting or the moving of any dangerous items, or placing our photographers in danger through requests for specific de-cluttering. Please call our office if you have any queries.
c) MTG reserves the right to charge our hourly photography rate, or part thereof, current at the time of the booking (incl. gst), where our photographers time spent de-cluttering on location exceeds one quarter of the allocated booking total for approved types of de-cluttering. Our photographer will call the office where the desired levels of de-cluttering exceeds our time limit or where there are unreasonable requests. If in doubt, please try to consider, our photographers are there to provide a professional photography service. They are not removalists or cleaners 🙂
4) Dusk / Night / Dawn shoots
A small surcharge is included in our Dusk shoots. This charge reflects the specific skills and timing considerations needed to photograph these types of shoots. We will advise you a quote if the shoots are needed for a Dawn shoot or early morning Shoot, a Night Shoot, or to perform any photography work on a Saturday or Sunday.
5) Any work performed on a Saturday or Sunday will be per quote. *Where the times requested for our photography services are very unsocial hours (before 8am or after 8pm E.S.T), then a special rate will need to be agreed with the client and will also be subject to MTG being able to supply someone suitable at that time where this is possible. We do not guarantee that we are able to supply a suitable photographer at the weekend (best endeavors).
6) Floor Plans
Any prices indicated in our price lists for our floor plan services are based on the typical number of bedrooms for a particular property.
a) The number of bedrooms per property type is defined by the originally intended use of the property (eg. if the property was originally a two bedroom apartment but one of the bedrooms is used as a study then this is classified as a two bedroom property).
b) Any external areas other than small balcony areas are considered to be part of a site plan and if requested to be drawn, will be charged as such.
c) The inclusion of furniture icons or site plans are not included in our Standard floor plan service but MTG can offer this service as part of our additional services (or on a per quote basis for non-standard services).
d) Standard Floor plans – Standard floor plans are for regularly sized and shaped single or two storey properties. They will include the property’s room layout in black & white CAD designed diagrams and will show room measurements and the name of each room. Externally, they can include an indicative North Point, the property address, floor plan levels and small balcony areas. MTG floor plans also include drawings or icons showing graphical representations of the stairs, wardrobes, bathrooms, kitchens and any garages or carports.
e) Standard Site Plans – Standard site plans are for standard single level and regular shaped sites less than a quarter acre block and with a level and easily accessible terrain. Standard site plans will indicate the approximate size and shape of the site and show details of the property’s perimeter walls. It will also include indicative drawings or icons showing any carports, garages, garden areas, courtyards, terraces or terraced areas. Standard site plans will not include more detailed site measurements or other more detailed information regarding the site.
f) Non-standard Floor Plans / Site Plans – mean floor plans where MTG considers extra time and / or detail is required to draw a floor plan. These are priced per Quote.
i) Instances of these generally falls under one or more of the following categories:
ii) All other information contained in non-standard floor plans is as per our standard floor plans / site plans unless otherwise by agreement.
g) where MTG considers extra time and / or detail is required to draw a floor plan / site plan. These are priced per Quote.
i) Instances of these generally falls under one or more of the following categories:
ii) three (or more) storey properties,
iii) properties in excess of a quarter acre block or
iv) properties which our MTG floor planner considers irregularly shaped or complex In nature to draw.
h) The floor planner will inform our office from the site in these instances and our office will discuss the extra charges with the client before going ahead with the service.
i) MTG also offers multi-media (interactive) floor plans and 3D impression floor plans.
7) Video Productions
i) Video Property Tours or Video Profiles – whereby clients use MTG video production services and our hosted video production systems to host your video services. MTG video productions are offered with a standard MTG interface (viewer) and/or branding and/or hosting arrangements as seen. Any variation to this is ‘Custom’ and covered in ‘b) Custom’ immediately below.
i) For clients requiring a variation to our standard video production services including any customised viewer interface/player /branding or different functionality to our default, then a full brief is required in exchange for an estimate of likely costs and delivery time for the project. In this instance, our standard delivery times indicated would not apply to these custom services.
c) Hosting of videos
i) Standard MTG property and profile videos are offered with 6 months standard hosting of the edited video included within the price, using MTG’s professional video hosting platform supplier of choice. The 6 months is normally applicable from the date of supply – and any hosting offered by MTG is on a ‘best endeavors’ basis as always. Likewise, storage of the un-edited or ‘RAW footage’ used to create the video is only stored locally for 6 months from the date of supply. MTG is unable to guarantee any of its hosting or storage services beyond ‘best endeavors’ and clients concerned with this should seek local data storage and/or hosting arrangements as the costs for a service beyond ‘best endeavors’ would not be viable within the pricing arrangements offered for this type of service. It is possible that content older than 6 months from the date of supply that is still stored on one of our backup servers may be retrieved for a fee, but we do not warrant or guarantee this service.
8) Copy writing
a) Due to the very individual nature of copy writing requirements, MTG requires a client template with any specific word-count or other requirements prior to our copy writers performing their services.
b) Where copy writing services are required for non-standard projects then a detailed brief is required and a quote will be submitted. Our standard service for real estate copy includes the following standard media formats: local and national press publication, editorial, web page, signboard & brochure. Our standard service is for a copy writer to attend site at the allotted time, write copy using the client’s template (and per the copy writers media template) and deliver this copy within our delivery guidelines (best endeavors).
c) Unless the copy is evidently or factually incorrect, our standard service does not include additional text edits or revisions, text additions or re-writes. We will however always consider any reasonable client requests.
d) If a client requires specific copy tailored to a particular requirement that does not fit the standard templates and method of writing copy for real estate, then extra charges may apply.
e) If the case is known before the job begins then a suitable brief is required before the booking commences and a price will be quoted for the job. Any non-standard real estate copy writing requirements should be pre-quoted to avoid disappointment later.
9) Commercial Photography
a) Due to the nature of commercially based photography work (portraits, product, project marketing, hospitality, retail), pricing for commercial work is generally supplied on an hourly rate or project basis.
b) Delivery times for commercial work will need to be assessed and advised individually and payment is normally required prior to the release of final content being supplied MTG does not normally supply one-off commercial services via our online image management system and instead, the content will be delivered via traditional methods or using email storage and transfer services such as Dropbox, Google Drive etc.
10) Project Marketing
a) MTG sometimes works in conjunction with Third Parties to offer our clients a full project marketing service for new homes or commercial building developments.
b) Whilst MTG will always try to assist with our clients service satisfaction through any third party introductions, MTG can only warrant the services supplied directly through our company. The client will need to satisfy themselves that any third parties introduced to them can perform the services required and that delivery of any services provided via a third party of MTG is between the Client and that Third Party.
11) Delivery times
a) MTG aims to provide our standard photography services, floor plans and copywriting content by the end of the next working day (typically, by 5.30pm, Mon-Fri., although this may be later during peak periods or exceptional circumstances. Delivery of content for credit approved customers is via our online content management system, (or by email or other approved methods for non-credit approved clients, or by other delivery methods, as agreed). Every effort is made to keep to keep to our next working day service however, MTG does not guarantee this delivery time and clients should always consider this at the time of booking our service.
All other delivery times will be dependent on the nature of the service required. Our office will normally advise the client a delivery time for non-standard services prior to commencement of the job.
12) Credit Terms
a) All new clients applying for credit terms will be required to agree to and sign our standard application document (‘Client Application Form’), which will need to be approved before services can be ordered. MTG reserve the right to refuse credit terms if for any reason they consider the application or applicants will not repay the credit provided or pay invoices in a timely manner. MTG will also not offer credit to clients who we believe will not meet the minimum monthly spend thresholds.
b) Unless otherwise agreed, our payment terms are 30 days from the date of invoice and MTG reserve the right to charge interest and recoup bookkeeping and bad debt collection fees for any outstanding amounts after 60 days. We also reserve the right to suspend further services and invalidate the temporary assignment of copyright to use the material supplied by MTG until arrears are paid in full.
c) Unless otherwise agreed with the Director, our credit limits in our client application form will apply per client.
d) Once this credit limit has been reached, an agreed payment will need to be paid as cleared funds before any further MTG services can be ordered.
e) MTG services may be suspended at any time if credit terms are not met in full. Extracts are as below:
13) Payment Conditions
a) MTG only accepts payment by electronic banking (EFT) or approved credit cards.
b) Cleared pre-payment of a booking is required in full for any one-off or occasional services ordered through MTG where an approved account has not been granted by MTG.
14) Other Fees
a) Standard Hourly Rate for Extra Work not included in quote
i) MTG reserves the right to charge our Standard Hourly Rate where extra time is needed to perform our service beyond our standard service as indicated.
MTG reserve the right to charge a cancellation fee of $99 incl. gst for any any element of a booking that is cancelled within one hour of the appointed time or where we arrive at a client property location to find we are unable to perform the service ordered. In these instances, cancellations will only be accepted by calling 1300 133 145, Mon to Friday, between 9am to 5.30pm, and advising one of our office team of the cancellation. Emailing or other electronic methods of communicating late cancellations are not acceptable as we may not see these in time to advise our Team.
i) MTG reserves the right to charge a cancellation fee where:
(1) the cancellation notice is less than one hour’s notice from the time of the booking, or
(2) where we arrive at the property location to find we are unable to carry out the service(s) booked
ii) The cancellation fee will typically be charged automatically where a team member is cancelled on site with no forewarning. The cancellation fee is a genuine pre-estimate of our economic loss in these circumstances.
c) Parking Fees – CBDs/North Sydney
i) MTG’s standard pricing does not include for any parking fees incurred to carry out our service. MTG reserve the right to charge for any parking expenses incurred where there is no available or free parking, or a minimum of one hour free parking is not available within 50 meters of the client’s site, or where parking is difficult or dangerous to access for any reason whatsoever.
ii) The client will normally be advised where parking fees apply and the cost of this will be added to the client’s invoice. As the ATO classify this invoiced amount as income, MTG will need to add GST to the parking fee incurred to recoup the total expense incurred to MTG (i.e parking charge of $30 plus GST = $33 added to invoice).
iii) Travel time. A fee will need to be considered and /or quoted for any bookings that are in excess of 25kms from Sydney CBD based on Google Maps.
15) Copyright, Intellectual Property
a) The ownership and copyright for all and any content whatsoever supplied by MTG to our clients’ vests in MTG unless otherwise agreed in writing.
b) Any on-sale or distribution of any content or part thereof supplied by MTG can only take place with the express permission in writing from the Director.
i) CLIENT CONTENT IS ONLY AVAILABLE FOR 6 MONTHS FROM THE DATE IT IS UPLOADED TO OUR ONLINE CONTENT MANAGEMENT SYSTEM (CMS). THE SAME 6 MONTH PERIOD ALSO APPLIES WHERE WE HAVE NEEDED TO USE OTHER STORAGE DELIVERY METHODS.
It is possible that content older than 6 months from the date of supply that is still stored on one of our backup servers may be retrieved for a fee but we do not warrant or guarantee this service.
ii) In the unlikely event that any client content is not retrievable for any reason, MTG is not responsible for the replacing of said content or services. It is a ‘best endeavors’ service only.
iii) MTG offers a ‘best endeavors’ service and like most business’, we may very occasionally be impacted by unforeseen situations such as ‘Acts of God’, willful destruction, illness or unforeseen absences, technical or other network related issues associated. These could impact the systems and services we provide. MTG therefore strongly recommends clients always download, backup and store all important MTG content locally or to an alternative data storage arrangement.
iv) For the purposes of clarity MTG typically only uploads final production content that has been through our post-production process (i.e. retouched real estate photos, not un-retouched or RAW photos). Any ‘un-edited’ content (RAW un-retouched photos, RAW un-edited video footage etc.) will not be stored on our main servers beyond 6 months from the date of delivery. It is possible that content older than 6 months from the date of supply that is still stored on one of our backup servers may be retrieved for a fee, but we do not warrant or guarantee this service.
v) Due to the terms of the services we offer and the storage, logistical and operational costs with storing un-edited content, we typically remove all content from our main servers 6 months after it has been through our production process and delivered to the client (this does not apply to certain types of raw content for non-standard services where we may come to an agreement to charge to store the raw content for longer periods of time, for a fee. This arrangement is at our discretion). It is possible that content older than 6 months from the date of supply that is still stored on one of our backup servers may be retrieved for a fee, but we do not warrant or guarantee this service.
vi) In summary, clients need to be aware that:
(1) Our standard real estate / other services typically includes 6 months included hosting of the finished (edited) product as being included in the price of our service (subject to MTG best endeavors policy detailed below under “17) Liability”. It is possible that content older than 6 months from the date of supply that is still stored on one of our backup servers may be retrieved for a fee, but we do not warrant or guarantee this service.
(2) After 6 months from the date shown in ‘date created’ (the date a campaign or project has been created in our content management system), any content remaining on our system beyond this 6 month period will be automatically removed from our system. This also applies to un-edited content such as RAW photos or un-edited video footage being removed from our server. It is possible that content older than 6 months from the date of supply that is still stored on one of our backup servers may be retrieved for a fee, but we do not warrant or guarantee this service.
MTG offers a ‘best endeavors service’ only.
a) We recommend our clients always back up locally (from our online content management system) any important services we supply, so that in the unlikely event your content is not available through us, you will still have access to your content locally.
b) Where our services are unable to be backed up for any technical or other reason whatsoever, MTG does not accept liability for this scenario.
c) In the case of any content supplied by MTG, we have quality control processes in place to try to reduce to an absolute minimum any content that does not meet the high quality standards we set. However…
d) MTG is not the final quality control point before the onward use of our services. As such, our position is that the final quality control point for the onward use of any of our services is our clients (or their agents or suppliers).
e) This particularly applies to the onward use of our services where any costs are incurred in their reproduction or for any other purposes (i.e. printing, online, production costs etc).
f) MTG will not be liable for any costs or litigation arising or by any third party for any reason whatsoever for the reproduction or onward use of any of our services for any purpose, or any other aspects of the service we have provided.
18) Website Use
a) You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on the website or expressly authorised in writing by the Director of MTG.
b) Strictly on the condition that you keep all content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
i) a) using an industry-standard web browser, download and view the content for your personal, non-commercial use, or
ii) b) if you are an internet service and/or access provider, supply the content to your subscriber.
c) You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of or an affiliate or which is prohibited by these terms.
19) Disclaimer And Limitation Of Liability
a) The Competition and Consumer Act 2010 (Cth) and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by MTG goods or services on the website which cannot be excluded, restricted or modified (“Non-excludable Rights”).
b) MTG does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
20) Except as provided for by the Non-excludable Rights:
a) a) all Content is provided “as is” and without warranties of any kind, either express or implied,
b) b) MTG and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) c) MTG does not warrant that the functions contained in any Content or any Communications Facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to you are free of viruses or any other harmful components,
d) d) MTG does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
e) Under no circumstances (including but not limited to any act or omission on the part of MTG will MTG or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any content.
f) You expressly acknowledge and agree that MTG does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
g) Floor Plans
i) MTG is not liable for the accuracy or otherwise of any of the information in its floor plans. The information in our floor plans are provided as a best endeavor and should be considered as approximate only for general marketing purposes.
ii) No representations or warranties of any nature whatsoever are given or intended and any person using this information should rely on their own enquiries.
iii) MTG floor plans should not be used where highly accurate and detailed information is required for purposes such as planning applications or as part of any sales contract.
h) To the fullest extent permitted by law, MTG liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MTG to the following:
i) In the case of services supplied or offered by MTG,
i) (a) the supply of the services again, or
ii) (b) the payment of the cost of having services supplied again
b) This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Laws of Australia.
c) If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
d) All rights not expressly granted herein are reserved.
a) Your Personal Information
i) MTG recognises that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously.
ii) Unless you give us explicit consent to act otherwise, the following policy will govern how MTG handles your personal information.
b) Collecting Personal Information
i) Whenever you visit our web site, our servers automatically record information about your usage such as the time of the visit, its duration and the pages which you visit. This is intended to help us to understand what parts of our website our users enjoy the most. The information we collect about you remains anonymous, and we do not link it to any other personal information.
ii) If you do not want us to retain any information at all, even in an anonymous form, you can use the Preferences on your browser program to remove all cookies and set the browser not to accept cookies in the future.
iii) In some instances this may mean you will not be able to take full advantage of parts of the website.
d) MTG uses an independent companies to measure and analyse the internet usage across our website research. This company will collect information on the following core information on the MTG web site:
i) The number of page views (or page impressions) that occur on the website;
ii) The number of unique visitors to the website;
iii) How long these unique visitors (on average) spend on the website when they do visit; and
iv) Common entry and exit points into the website.
e) This aggregate, non-personal information is collated and provided to MTG to assist in analysing the usage of the website. The data is also accessible by media organizations and research companies, for the purpose of conducting industry comparisons with other internet portals.
f) Using and Disclosing Your Personal Information
g) MTG will not use or disclose any information about you without your consent, or access your communications on our websites, unless:
i) Authorised by your acceptance of these terms.
ii) Required by law.
iii) We believe it necessary to provide you with a service which you have requested.
v) To protect the rights or property of MTG, any MTG user, or any member of the public.
vi) To lessen a serious threat to a person’s health or safety.
h) MTG and its affiliates recognise the trust you place in us when you give us personal information. In order to operate the website or deliver a service you have requested we may sometimes share your personal information with an affiliate or with a service partner.
i) Storage and Security of Your Personal Information
i) MTG will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date.
ii) In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by MTG. However, MTG is not responsible for events arising from unauthorised access to your personal information.
j) You must maintain the confidentiality of any password and accounts used on the MTG website. Please notify us immediately if you suspect any unauthorised use of your account.
24) DIRECTOR’S GUARANTEE
a) This clause applies if the client is a corporation. This clause is an essential term of this contract.
i) The word guarantor means the person named as ‘guarantor’ or ‘applicant’ in the MTG credit application form.
ii) In consideration of MTG entering into this contract at the guarantor’s request, the guarantor guarantees to MTG payment of all money payable by the client under this contract; and
iii) must pay on demand any money due to MTG under this indemnity.
b) If MTG assigns or transfers the benefit of this contract, the transferee receives the benefit of the guarantor’s obligations under this clause.
c) The guarantor’s obligations under this clause are not released, discharged or otherwise affected by:
i) the granting of any time, waiver, covenant not to sue or other indulgence;
ii) the release or discharge of any person;
iii) an arrangement, composition or compromise entered into by MTG, the client, the guarantor or any other person;
iv) any moratorium or other suspension of the right, power, authority, discretion or remedy conferred on MTG by this contract, a statute, a Court or otherwise;
v) payment to MTG, including payment which at or after the payment date is illegal, void, voidable, avoided or unenforceable; or
vi) the winding up of the client.
d) This clause binds the guarantor and the executors, administrators and assigns of the guarantor and operates as a Deed between MTG and the guarantor.
25) What To Do If You Have A Problem Or Question