These Terms and Conditions apply to all services provided by Moving Memories Australia, including photography, videography, video production, event and concert filming, video-to-digital conversion, digitisation, media conversion, digital restoration, enhancement and related services.

By requesting, booking, approving, supplying media for, or otherwise proceeding with services provided by Moving Memories Australia, the client agrees to these Terms and Conditions.

1. Client Information

The client is responsible for providing accurate and complete information required to perform the services, including contact details, event details, locations, dates, times, media formats, delivery requirements and any other relevant information.

Moving Memories may rely on information supplied by the client when preparing quotations, scheduling work and providing services.

2. Formation of Agreement

An agreement may be formed when the client accepts a quotation, confirms a booking, supplies media, approves work, makes a payment, or otherwise instructs Moving Memories to proceed.

A signed contract is not necessarily required for an agreement to exist.

The client acknowledges that quotations, written communications, emails, text messages, website information and these Terms and Conditions may form part of the agreement between the parties.

3. Quotes, Estimates and Pricing

Unless expressly stated otherwise, quotations and estimates are based on the information available to Moving Memories at the time they are prepared.

Additional charges may apply where the scope of work changes, additional services are requested, unexpected restoration or repair is required, additional media is supplied, an event runs beyond the agreed period, or circumstances arise that were not reasonably apparent when the quotation was prepared.

Where pricing is calculated according to the actual duration of recorded material, blank or unused portions of media may not be included in the billable duration where the applicable pricing structure provides otherwise.

4. Changes to Services

Any significant change to the services requested by the client may result in additional charges.

Moving Memories will endeavour to advise the client of significant additional charges before proceeding where reasonably practicable.

Changes requested after work has commenced may not always be possible without additional time or expense.

5. Payment

Payment is due according to the payment terms provided in the quotation, invoice or booking confirmation.

Unless otherwise agreed, Moving Memories may require payment before delivery of completed work or return of original media.

Where an account remains unpaid after the agreed payment date, Moving Memories may take reasonable steps to recover the outstanding amount.

6. Booking Fees and Deposits

Where a booking fee, deposit or other advance payment is required, the applicable amount and payment terms will be communicated to the client before or at the time of booking.

A booking fee or deposit described as non-refundable is subject to any rights the client may have under applicable Australian consumer law.

7. Cancellation and Postponement

Cancellation or postponement of a booking may result in charges where Moving Memories has incurred costs, allocated resources, declined other work, or is otherwise entitled to payment under the agreement or applicable law.

For photography, videography, weddings, concerts, events and other scheduled productions, postponement may also result in additional charges where new dates, locations, travel arrangements, crew or equipment need to be arranged.

Moving Memories will consider reasonable requests to transfer a booking to another available date.

8. Event Timetables and Changes

The client is responsible for providing accurate event schedules, locations, contact details and timing information.

Moving Memories is not responsible for missed footage, photographs or other services resulting from inaccurate, incomplete or late information supplied by the client or event organiser.

Where an event runs beyond the agreed coverage period, additional charges may apply.

9. Venues, Access and Conditions

The client is responsible for ensuring that Moving Memories has reasonable access to locations and venues necessary to provide the agreed services.

Venue restrictions, access limitations, security requirements, lighting conditions, noise restrictions, obstructed views, restricted filming areas or other venue requirements may affect the services provided.

The client is responsible for obtaining any permissions, permits or approvals that are their responsibility.

10. Complaints and Dispute Resolution

The parties should first attempt to resolve any complaint or dispute directly and in good faith.

The client should provide sufficient information about the issue to allow Moving Memories to investigate and respond.

Nothing in these Terms and Conditions prevents a client from exercising any rights available under applicable Australian consumer law or other applicable legislation.

11. Delays, Force Majeure and Circumstances Beyond Control

Moving Memories will take reasonable steps to perform services as agreed.

Moving Memories is not responsible for delay, interruption or failure to perform caused by circumstances reasonably beyond its control, including serious illness, accident, natural disaster, fire, flood, power failure, equipment failure, venue closure, government restrictions, transport disruption, war, civil disturbance or other circumstances beyond reasonable control.

Where Moving Memories is unable to complete an agreed service, the parties will discuss an appropriate alternative, replacement service, rescheduling arrangement, credit or refund for the portion of services that cannot be performed, having regard to the circumstances.

12. Equipment and Technical Limitations

Moving Memories uses professional equipment and reasonable procedures when providing its services.

Photography, video production, digitisation and media conversion involve technical processes and may be affected by equipment failure, source-media condition, environmental conditions, interference, recording defects, power failure, data corruption or other technical circumstances.

Where an equipment or technical failure occurs, Moving Memories will take reasonable steps to minimise its effect and, where reasonably possible, recover or reproduce the affected material.

13. Condition of Original Media

Moving Memories accepts a range of analogue and digital legacy media for digitisation, conversion, restoration or other services.

This may include VHS, S-VHS, VHS-C, Video8, Hi8, Digital8, MiniDV, DV and other compatible videotape formats, as well as DVD, VCD, CD, audio CD and other compatible optical or digital media.

The condition, age, format, physical damage, deterioration, corruption, encryption, copy protection, recording method or technical characteristics of the original media may affect the ability to successfully access, recover, convert or reproduce its contents.

Moving Memories will take reasonable care when handling client media but cannot guarantee successful recovery or conversion of media that is damaged, deteriorated, corrupted, technically incompatible, unreadable or otherwise unsuitable.

14. Digitisation, Media Conversion and Recovery

Moving Memories provides digitisation and media conversion services for both analogue and digital legacy media.

Services may include transferring content from physical media into modern digital file formats, including but not limited to:

• VHS and other videotape formats
• S-VHS
• VHS-C
• Video8
• Hi8
• Digital8
• MiniDV
• DV
• DVD and DVD Video
• VCD and compatible video discs
• CD and audio CD
• Other compatible optical, magnetic or digital media.

Where appropriate, video content may be converted to formats such as MP4, while audio content may be converted to formats such as MP3 or another suitable digital audio format.

The purpose of these services is to make legacy content easier to access, preserve, store, share and play using modern televisions, computers, smartphones, tablets, media players and other compatible devices.

DVD, VCD and CD media are expressly included within these services even though they are already digital formats. Physical optical media may no longer be convenient or readily usable by consumers because many modern televisions, computers, laptops and handheld devices no longer include compatible disc drives or players.

Conversion from DVD, VCD or CD into a modern file-based format constitutes a media conversion service rather than analogue digitisation.

Successful conversion remains dependent on the condition and technical characteristics of the original media.

15. Media Cleaning, Mould Treatment and Repair

Where requested or considered necessary, Moving Memories may provide media cleaning, mould treatment, tape repair, restoration or other remediation services.

Additional charges may apply for these services.

Cleaning or repair may improve the likelihood of successful recovery but does not guarantee successful recovery of the media.

Some damaged or deteriorated media may be too fragile to process safely or may deteriorate further during handling despite reasonable care.

16. Digital Restoration, Enhancement and Upscaling

Where requested and available, Moving Memories may provide digital restoration, enhancement, noise reduction, image improvement, colour correction, sharpening, upscaling or other digital processing.

These services are intended to improve the appearance or usability of the original material.

Digital restoration cannot recreate information that was never recorded or that has been permanently lost from the source material.

The appearance of enhanced footage may differ from the original recording.

17. Ownership and Care of Original Media

Original media supplied by the client remains the property of the client.

Moving Memories does not acquire ownership of VHS tapes, DVDs, VCDs, CDs, photographs, film, hard drives or other physical media merely because those items are supplied for a service.

Moving Memories will take reasonable care of client property while it is in its possession.

18. Digital Files and Delivery

Where a digitisation or media conversion service is successfully completed, Moving Memories will provide the resulting digital files in the format agreed or considered reasonably suitable for the service.

Depending on the original media and service requested, files may include formats such as MP4 for video or MP3 and other appropriate formats for audio.

Digital files may be supplied by USB, download, cloud storage, Google Drive or another delivery method agreed between Moving Memories and the client.

The client is responsible for downloading, copying and securely storing their digital files once supplied.

Moving Memories does not represent that every resulting file will be compatible with every television, computer, smartphone, tablet, media player or other device. Compatibility depends on the particular device, operating system, software and supported file formats.

19. Digital Storage and Backups

Moving Memories may retain working copies of digitised, converted or edited files for a limited period after completion of a job to facilitate quality checking, delivery and reasonable customer support.

Unless permanent storage or archival services have been expressly purchased or agreed in writing, Moving Memories does not provide permanent archival storage of client files.

Clients should maintain their own independent backup copies of all supplied digital files.

Moving Memories may delete working files after its applicable retention period and is not responsible for subsequently recovering files that have been deleted after that period.

20. Original Media and Uncollected Media

Original physical media supplied by the client remains the property of the client. This includes videotapes, DVDs, VCDs, CDs, audio CDs, photographs, film and other physical media supplied for digitisation, conversion, restoration or other services.

Moving Memories will take reasonable care of client media while it is in its possession.

Clients should collect or arrange return of their original media within the period specified by Moving Memories.

Where media remains uncollected, Moving Memories may charge reasonable storage, handling and related costs where permitted by law.

Any disposal, sale or other dealing with uncollected media will be undertaken only in accordance with applicable law, including the Uncollected Goods Act 1995 (NSW) where applicable.

Nothing in these Terms and Conditions is intended to exclude or restrict any statutory rights relating to ownership, recovery or disposal of uncollected goods.

21. Unpaid Accounts

Where services have been completed and an amount remains outstanding, the outstanding amount remains payable in accordance with the agreed pricing and payment terms.

A client’s inability to pay, financial hardship or change in circumstances does not automatically cancel an amount that has already become due and payable.

Moving Memories may consider payment arrangements at its discretion but is not required to accept deferred payment unless an arrangement has been expressly agreed.

22. Overdue Accounts

Where an account remains overdue, Moving Memories may charge reasonable administration, interest or other costs where permitted by the agreement and applicable law.

Any interest or late-payment charge will be reasonable and will not apply where prohibited by law.

Moving Memories may suspend further services for a client with an overdue account until satisfactory payment arrangements have been made.

23. Event Photography and Videography

For weddings, concerts, performances, parties, corporate functions and other events, Moving Memories will make reasonable efforts to capture the agreed coverage.

The client acknowledges that events are dynamic and that Moving Memories cannot guarantee that every person, moment, performance, speech, activity or detail will be photographed or recorded.

The availability and quality of footage or photographs may be affected by venue restrictions, lighting, crowd movement, access, performer movement, weather, sound conditions and other circumstances beyond reasonable control.

24. Editing and Creative Direction

Moving Memories may use professional judgement when selecting, editing, sequencing, cropping, colour grading, enhancing and otherwise processing photographs and video.

Unless otherwise agreed, the final creative result remains subject to the artistic and technical judgement of Moving Memories.

25. Revisions and Additional Editing

Where revisions are included in a quotation, they will be limited to the scope specified in that quotation.

Additional editing, revisions, changes of music, re-editing, alternative versions, additional exports or changes requested after approval may attract additional charges.

26. Delivery of Photography and Video

Completed photography and video will be delivered using the method and within the timeframe agreed with the client, subject to reasonable variations caused by circumstances beyond Moving Memories’ control.

Delivery timeframes may vary depending on the size and complexity of the project.

27. Image, Video and Content Rights | Usage Terms

27.1 Moving Memories Copyright and Intellectual Property

Unless otherwise stated in writing, all original photographs, videos, films, graphics, designs, written content, website content, promotional material, templates, editing work, creative treatments, branding, logos, artwork and other original material created by or for Moving Memories ® Australia remain the intellectual property and copyright of Moving Memories ® Australia or the applicable copyright owner.

Nothing in these Terms and Conditions transfers ownership of Moving Memories’ intellectual property to the client unless expressly agreed in writing.

Moving Memories reserves all rights not expressly granted to the client under these Terms and Conditions.

27.2 Client-Supplied Material

Where the client supplies photographs, videos, films, recordings, tapes, documents, audio, digital files or other material to Moving Memories for copying, conversion, digitisation, restoration, editing or other services (“Client Material”), ownership and copyright in that Client Material remains with the client or the relevant copyright owner.

The provision of Client Material to Moving Memories does not, by itself, transfer copyright ownership to Moving Memories.

This includes, without limitation, family videos, home movies, VHS recordings, photographs, personal recordings, DVDs, CDs and other material supplied by a client for digitisation or conversion.

27.3 Client Authority and Permission

The client represents that they own, control or have obtained the necessary rights, authority and permissions to provide the Client Material to Moving Memories and to instruct Moving Memories to copy, reproduce, digitise, convert, restore, edit, process or otherwise handle that material for the requested service.

The client is responsible for ensuring that their instructions do not infringe the copyright, privacy, moral rights, performers’ rights, contractual rights or other rights of another person.

27.4 Licence to Moving Memories to Perform the Service

By providing Client Material to Moving Memories, the client grants Moving Memories a non-exclusive licence to copy, reproduce, digitise, convert, restore, edit, process, store and otherwise handle the Client Material to the extent reasonably necessary to provide the requested services.

This licence does not transfer ownership of the Client Material to Moving Memories.

The licence exists for the duration reasonably required to perform the services, complete quality control, provide delivery and provide reasonable customer support.

27.5 Digitised and Converted Copies

Where Moving Memories converts, digitises, transfers, restores or otherwise processes Client Material, the resulting digital file is supplied to the client as the completed output of the service.

The creation of a digital copy or converted file does not, by itself, transfer copyright ownership in the underlying Client Material to Moving Memories.

Moving Memories retains ownership of any original creative elements, editing, graphics, titles, artwork, written content, sound design, colour grading, enhancement, restoration treatment or other original creative work created by Moving Memories, except where otherwise agreed in writing.

27.6 Copyright in Moving Memories Creative Work

Where Moving Memories creates original photographs, video footage, films, edited productions, graphics, designs, written content, sound recordings, project files, artwork or other original creative material, copyright remains with Moving Memories unless:

1. the parties expressly agree otherwise in writing;
2. copyright is assigned in a separate written agreement; or
3. applicable law provides otherwise.

Payment for a service does not automatically transfer copyright ownership.

Where a client commissions Moving Memories to create photographs or a film, the parties may agree in writing to specific ownership, licensing or usage arrangements applicable to that project.

27.7 Client Licence for Personal Use

Unless otherwise agreed in writing, once full payment has been received, Moving Memories grants the client a non-exclusive licence to use completed Moving Memories-created photographs, videos or other supplied media for the personal purposes for which the service was provided.

Personal use may include:

• viewing at home;
• viewing on personal televisions, computers, tablets and mobile devices;
• personal digital storage and backup;
• sharing with family and friends;
• private family events;
• private display where no admission fee or commercial charge is made; and
• personal social media accounts.

This licence does not transfer copyright ownership to the client.

27.8 Public Display and Personal Events

Where material is supplied for personal use, the client may publicly display or play the material as part of a personal event, family occasion, wedding, celebration or similar private function where no admission fee or commercial charge is made, subject to any applicable third-party rights.

This permission does not grant rights to use third-party music, performances, photographs, artwork, trademarks or other copyright material beyond the rights already held by the client.

27.9 Social Media and Online Sharing

Clients may share material supplied for personal use through their personal social media accounts and personal online platforms, subject to any applicable third-party copyright or other rights.

Where Moving Memories owns copyright in the material, reasonable credit to Moving Memories is appreciated and may be required where expressly agreed as part of the applicable licence.

A suitable credit may be:

© Moving Memories ® Australia

or

Photography/Video by Moving Memories ® Australia

or another credit format agreed in writing.

Attribution is not required for purely private viewing or personal storage unless otherwise agreed.

27.10 Commercial Use

Commercial use of material in which Moving Memories owns copyright requires prior written permission unless commercial usage rights have expressly been included in the client’s quotation, agreement or other written arrangement.

Commercial use includes, but is not limited to:

• business websites;
• commercial social media accounts;
• advertising;
• paid advertising;
• promotional campaigns;
• brochures and publications;
• merchandise;
• resale;
• licensing;
• sublicensing;
• use to promote a business, product or service;
• use by a company, organisation or commercial entity; and
• supplying or licensing the material to another party for commercial purposes.

Where commercial use is approved, Moving Memories may grant a separate commercial licence specifying the permitted use, duration, territory, media and any applicable licence fee.

27.11 Resale, Licensing and Redistribution

The client must not sell, licence, sublicense or commercially exploit copyright owned by Moving Memories without prior written permission.

The client may share personal material with family members, friends and other individuals for personal, non-commercial purposes.

The client must not represent that Moving Memories-created material is their own original work where doing so would misrepresent copyright ownership.

27.12 Editing, Alteration and Manipulation

Where the client owns or is otherwise legally entitled to use the underlying Client Material, these Terms and Conditions do not prevent the client from editing, cropping, converting, copying or otherwise using that Client Material for lawful purposes.

Where Moving Memories owns copyright in the creative work, the client must not substantially alter, manipulate, reproduce or create derivative works from that Moving Memories-created material for commercial or public promotional purposes without prior written permission.

Reasonable technical adjustments for personal use, such as resizing, cropping for social-media formats or converting files into another commonly used playback format, are permitted.

27.13 Third-Party Material

Moving Memories-created projects may contain or incorporate material owned by third parties, including music, photographs, artwork, stock footage, graphics, fonts, trademarks, performances or other protected material.

Third-party material remains subject to the rights and licence conditions of the applicable copyright owner or licensor.

The client does not automatically receive ownership or unrestricted commercial rights to third-party material merely because it appears in a completed project supplied by Moving Memories.

27.14 Music and Event Content

Events may contain music, performances, artwork, trademarks, branding and other material owned or controlled by third parties.

Unless expressly agreed otherwise, Moving Memories is not responsible for obtaining copyright, performance, synchronisation, venue, trademark or other intellectual property permissions relating to third-party material appearing incidentally or intentionally in an event recording.

The client is responsible for permissions that are properly their responsibility.

27.15 Website and Promotional Content

All photographs, videos, text, graphics, designs, logos, trademarks and other content appearing on the Moving Memories website, social media accounts, promotional material and official publications are protected by copyright and other applicable intellectual property rights unless otherwise indicated.

Such content must not be copied, reproduced, republished, modified, distributed or commercially exploited without prior written permission from Moving Memories or the applicable copyright owner.

27.16 Watermarks and Copyright Notices

Moving Memories may apply copyright notices, watermarks, metadata or other identifying information to material created by Moving Memories.

Where a watermark or copyright notice has been applied, the client must not intentionally remove, obscure or alter it without prior written permission, except where removal is expressly included as part of the agreed service.

27.17 Portfolio and Promotional Use

Unless otherwise agreed in writing, Moving Memories may use suitable photographs, video excerpts or other material created by Moving Memories for its portfolio, website, social media, advertising, promotional material and demonstrations of its services.

Where the material contains identifiable private individuals, Moving Memories will take reasonable care when using the material and will avoid knowingly disclosing unnecessary personal information.

A client who requires confidentiality or does not wish particular photographs, videos or other material created by Moving Memories to be used for promotional purposes should notify Moving Memories in writing.

Where a specific confidentiality or non-promotional arrangement has been agreed with the client, that agreement will prevail.

27.18 No Automatic Transfer of Copyright

Payment for photography, videography, video production, editing, digitisation, restoration, conversion or other services does not, by itself, constitute an assignment or transfer of copyright owned by Moving Memories.

Any assignment or transfer of copyright must be expressly agreed in writing.

27.19 Duration of Rights

The rights, licences and restrictions contained in this section continue for as long as applicable copyright or other intellectual property rights exist, except where a different period or licence has been expressly agreed in writing.

27.20 Breach of Licence

Where a client materially breaches a licence granted under these Terms and Conditions, Moving Memories may withdraw or terminate that licence by written notice, to the extent permitted by law.

Termination does not affect rights that have already accrued or copyright and intellectual property rights that exist independently of the licence.

Nothing in this clause limits any statutory rights available to the client.

27.21 Copyright and Australian Law

These provisions are intended to operate consistently with the Copyright Act 1968 (Cth), applicable Australian copyright law and other applicable laws.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any right, guarantee, remedy or protection that cannot lawfully be excluded, restricted or modified.

27.22 Acknowledgement

By engaging Moving Memories, supplying Client Material, accepting completed work, downloading or accessing supplied media, or otherwise using material supplied by Moving Memories, the client acknowledges that they have read and understood these Image, Video and Content Rights | Usage Terms and agree to be bound by them to the extent permitted by law.

28. Client Licence to Use Completed Work

Unless otherwise agreed in writing, upon full payment the client receives a non-exclusive licence to use completed photographs, videos, converted digital files and other supplied media for the purposes permitted under Section 27.

The licence does not transfer copyright ownership.

The client’s rights to use Client Material that they own or are otherwise legally entitled to use are not restricted by Moving Memories’ ownership of any separate creative elements produced by Moving Memories.

29. Commercial and Third-Party Use

Commercial use, resale, licensing, redistribution, sublicensing or use of Moving Memories’ copyright material for third-party commercial purposes may require separate written permission or licensing.

Additional commercial usage fees may apply.

Where commercial usage rights are included in a quotation or separate written agreement, those specific rights will apply according to the terms agreed.

30. Portfolio and Promotional Use

Unless otherwise agreed in writing, Moving Memories may use suitable photographs, video excerpts or other original creative material produced by Moving Memories for its portfolio, website, social media, advertising, promotional material and demonstrations of its services.

Moving Memories will take reasonable care when using such material and will not knowingly disclose private personal information beyond what is reasonably necessary for promotional use.

A client who requires confidentiality or does not wish particular material created by Moving Memories to be used for promotional purposes should notify Moving Memories in writing.

Where a confidentiality or non-promotional arrangement has been agreed in writing, that arrangement will prevail.

31. Music, Performers and Third-Party Rights

The client acknowledges that events may contain music, performances, artwork, trademarks, branding and other material owned or controlled by third parties.

Moving Memories is not responsible for obtaining third-party copyright, performance, synchronisation, venue, trademark or other intellectual property permissions unless expressly agreed as part of the service.

The client is responsible for permissions that are their responsibility.

32. Client-Supplied Music, Information and Material

Moving Memories reserves the right to decline to use client-supplied material where it considers that the material is technically unsuitable, inappropriate, unlawful, offensive or likely to create copyright or other legal issues.

Where reasonably practicable, Moving Memories will advise the client and seek an alternative.

The client remains responsible for ensuring that material supplied by them may lawfully be used for the requested purpose.

33. Event Access, Safety and Cooperation

The client and event organiser must provide reasonable access and cooperation necessary for Moving Memories to perform the agreed services.

Moving Memories may stop or modify filming or photography where conditions create an unreasonable risk to personnel, equipment or members of the public.

Moving Memories is not responsible for missed material resulting from unsafe conditions, restricted access, interference by guests or venue restrictions.

34. Travel, Parking, Accommodation and Third-Party Expenses

Unless expressly included in a quotation, the client is responsible for agreed travel, parking, accommodation, venue charges, permits, tolls and other third-party expenses reasonably incurred in providing the services.

Such expenses may be charged separately where they were not included in the original quotation.

35. Subcontractors and Assistants

Moving Memories may use suitably qualified assistants, subcontractors, editors, photographers, videographers or other service providers where reasonably necessary to provide the agreed services.

Moving Memories remains responsible for managing the services supplied by its appointed contractors to the extent required by the agreement and applicable law.

36. Privacy and Personal Information

Moving Memories may collect and use personal information reasonably necessary to provide its services, communicate with clients, process payments, maintain records and comply with legal obligations.

Personal information will be handled in accordance with applicable privacy obligations.

37. Digital Security and Third-Party Services

Moving Memories may use third-party services such as cloud storage, file-transfer services, payment providers, editing software and other technology platforms when providing services.

While reasonable steps will be taken to protect client information and files, no internet-connected or digital storage system can be guaranteed to be completely secure or permanently available.

38. Liability and Consumer Guarantees

Nothing in these Terms and Conditions excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law.

To the extent permitted by law, Moving Memories’ liability for loss or damage arising from services will be limited to the remedies available under applicable law and, where lawful, to the amount paid or payable for the relevant service.

Nothing in these Terms and Conditions is intended to exclude liability for matters that cannot legally be excluded.

39. Loss or Damage to Client Media

Moving Memories will take reasonable care of original media and other client property while it is in its possession.

If client media is lost or damaged while in the possession or control of Moving Memories, liability will be determined in accordance with applicable law.

Where legally permitted, compensation for irreplaceable original media may be limited to the reasonable value of the physical media itself rather than the sentimental, historical or replacement value of the contents.

This clause does not limit any non-excludable consumer guarantee or legal remedy.

40. Claims and Notification

Clients should notify Moving Memories promptly of any concern regarding completed services, returned media, delivered files, photographs or video.

Where a problem is identified, Moving Memories should be given a reasonable opportunity to investigate and, where appropriate, rectify the issue.

Nothing in this clause limits any statutory rights available to the client.

41. Government Fees and Mandatory Charges

Where a government authority, venue, regulatory body or other third party imposes a new fee, levy, permit charge, tax or mandatory cost after a quotation has been accepted, the client may be responsible for that additional cost where it is lawfully chargeable and the client has been advised of it.

42. Assignment or Transfer

The client may not transfer the rights or obligations under an agreement with Moving Memories to another person without Moving Memories’ agreement where such consent is reasonably required.

Moving Memories may use contractors or transfer administrative aspects of a service where reasonably necessary to provide the agreed services.

43. No Result or Unsuccessful Media

Where Moving Memories is unable to recover, access, digitise or convert any media or its contents, the applicable service charge may be waived or adjusted in accordance with the relevant pricing or quotation provided to the client.

This may apply to analogue videotapes, DVDs, VCDs, CDs, audio CDs or other media where the contents cannot reasonably be recovered or converted.

A failed conversion does not necessarily indicate that the original media is physically defective. Technical incompatibility, encryption, copy protection, recording methods, disc finalisation, corruption, deterioration or other characteristics of the source media may prevent successful conversion.

Where only part of the requested content can be successfully recovered or converted, charges may be adjusted where the applicable pricing structure provides for this.

44. Debt Recovery

Where an amount remains outstanding after it has become due and reasonable attempts have been made to obtain payment, Moving Memories may take lawful steps to recover the debt.

This may include issuing further payment notices, using a debt collection service, commencing legal proceedings or seeking recovery of applicable costs.

Any debt collection, legal or administrative costs will only be sought to the extent permitted by the agreement and applicable law.

45. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia.

The parties submit to the applicable courts and tribunals of New South Wales, subject to any applicable jurisdictional requirements and statutory rights.

46. Changes to These Terms and Conditions

Moving Memories may update these Terms and Conditions from time to time.

The Terms and Conditions applying to a particular booking or service will generally be those provided to or made available to the client when the agreement was entered into, unless the parties subsequently agree otherwise.

Changes to these Terms and Conditions will not retrospectively alter an existing agreement without the client’s agreement where such agreement is required by law.

47. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the extent necessary, without affecting the validity of the remaining provisions.

48. Entire Agreement

These Terms and Conditions, together with any quotation, booking confirmation, invoice, written variation or other agreement expressly incorporated into the transaction, form the agreement between Moving Memories and the client in relation to the relevant services.

If there is an inconsistency between these Terms and Conditions and a specific written agreement accepted by both parties, the specific agreement will apply to the extent of the inconsistency.

49. Client Acknowledgement

By requesting or proceeding with services from Moving Memories, the client acknowledges that they have had a reasonable opportunity to read and understand these Terms and Conditions published at:

movingmemories.com.au/terms-and-conditions/

and agrees to be bound by them, subject to all rights and protections available under applicable Australian law.

The client also acknowledges that services may involve the handling, processing, conversion, restoration, editing or storage of original physical media and digital files and that the outcome may be affected by the condition and technical characteristics of the source material.

50. Copyright and Intellectual Property Notice

All rights reserved.

Moving Memories ® Australia retains copyright and other applicable intellectual property rights in its original website content, written material, photographs, videos, graphics, designs, branding, logos, promotional material and other original creative works except where ownership belongs to a third party or has been expressly assigned in writing.

Client-supplied material remains subject to the ownership and copyright rights of the client or the applicable copyright owner.

No content from the Moving Memories website or other Moving Memories-created material may be reproduced, republished, copied, modified, distributed, sold, licensed or commercially exploited without prior written permission where such permission is required under applicable law or these Terms and Conditions.

Moving Memories ® Australia

Moving Memories Australia

1 William St
Earlwood NSW 2206
Australia

Website: movingmemories.com.au
Email: info@movingmemories.com.au

Moving Memories provides photography, videography, video production, event and concert filming, digitisation, media conversion, digital restoration and related services.

© 1996–2026 Moving Memories ® Australia. All rights reserved.

MOVING MEMORIES ® is a registered trademark and protected by applicable law in Australia and its territories.