Last updated: 25 May 2026
1.1 In these Terms of Service (“Terms”), the following words have the following meanings:
1.2 Application. These Terms apply to every Engagement between OneCast and the Client. By accepting a Quote, signing a Service Agreement, paying a Booking Fee, or otherwise instructing OneCast to commence work, the Client confirms that it has read, understood and accepted these Terms.
1.3 Order of precedence. If there is any inconsistency between these Terms and a signed Service Agreement or accepted Quote, the signed Service Agreement or Quote prevails to the extent of the inconsistency, but only in relation to that Engagement.
1.4 Authority. If you are accepting these Terms on behalf of a business, agency or other entity, you represent that you have authority to bind that entity to these Terms.
OneCast is a photography and videography studio specialising in brand content, commercial video, event coverage, automotive, travel and lifestyle production. The Services may include:
The specific scope, deliverables, formats, durations, locations and timelines for an Engagement are set out in the Quote or Service Agreement for that Engagement. Anything not expressly listed in the Quote is out of scope and may be quoted separately.
3.1 Quotes are valid for thirty (30) days from the date of issue unless otherwise stated. Pricing in a Quote is based on the information provided by the Client at the time and assumes the brief described.
3.2 Booking Fee. A non-refundable Booking Fee of fifty per cent (50%) of the total quoted fee (or the percentage stated in the Quote) is payable to confirm a booking. No Shoot Day is reserved, no equipment is secured, no Crew is locked in, and no other commitments are made on the Client's behalf until the Booking Fee is received in cleared funds.
3.3 The Booking Fee compensates OneCast for the loss of opportunity to accept other work for the reserved Shoot Day(s) and for the pre-production work undertaken in preparing the Engagement. It is non-refundable except where required by law (see Clause 22 — Australian Consumer Law).
3.4 A booking is not confirmed until OneCast has received both (a) the Booking Fee in cleared funds and (b) the Client's written acceptance of the Quote (which may be by email reply).
4.1 All fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless the Quote states otherwise. Where GST applies, it will be added at the prevailing rate (currently 10%) and a valid tax invoice issued.
4.2 Standard payment schedule. Unless the Quote provides otherwise, the balance of the fee is invoiced on completion of the Services and is payable within thirty (30) days of the invoice date. For larger Engagements, OneCast may instead invoice in agreed stages (e.g. 50% on booking / 40% on Shoot Day / 10% on delivery, or as the Quote specifies).
4.3 Out-of-pocket expenses. Reasonable out-of-pocket expenses approved in writing by the Client in advance (such as interstate travel, accommodation, parking, permits, talent fees, hire equipment, third-party licences or location hire) are charged at cost and added to the invoice.
4.4 Overtime. Work performed beyond the hours specified in the Quote is billed at OneCast's standard overtime rate as set out in the Quote (or, where not set out, at the Crew's standard hourly rate plus 50%). The Client will be notified before significant overtime is incurred where reasonably practicable.
4.5 Late payment — cost recovery. Where any invoice is not paid by its due date, OneCast may, on a cost-recovery (not punitive) basis: (a) charge interest on the overdue amount at the statutory rate prescribed for pre-judgment interest in the Supreme Court of South Australia (currently the Reserve Bank of Australia cash rate plus 6% per annum), calculated daily on simple-interest terms from the date the amount became overdue until paid in full; (b) recover its reasonable, actual and documented administrative costs and third-party recovery costs incurred in pursuing the overdue amount (such as collections-agency fees or external legal costs reasonably incurred); and (c) suspend performance of any further Services and withhold delivery of any Deliverables and Raw Materials until all overdue amounts are paid. The amounts payable under (a) and (b) are intended to be a genuine pre-estimate and recovery of the cost to OneCast of the late payment, and not a penalty. The Client may at any time request a written itemisation of any interest or recovery costs added to its account, and OneCast will provide it within a reasonable time. Nothing in this clause limits any non-excludable right or remedy under the Australian Consumer Law (see Clause 22).
4.6 No set-off. The Client must pay all invoices in full without set-off, deduction or counterclaim unless a deduction is required by law.
5.1 The Client is responsible for providing a complete, accurate and timely brief, including objectives, target audience, deliverable specifications, branding requirements, locations, key contacts, talent and any third-party materials to be included.
5.2 Where a shot-list, treatment, schedule, script or storyboard is provided by OneCast for the Client's sign-off, the Client must review and approve it (or request changes) before the Shoot Day. Sign-off by the Client confirms the scope. Items not on the approved brief or shot-list are not guaranteed to be captured.
5.3 Scope changes. Any change to the agreed scope (additional deliverables, additional Shoot Days, expanded usage, new locations, added talent, etc.) is treated as a variation and must be agreed in writing. Variations may incur additional fees and may extend the delivery timeline.
5.4 Creative direction. Subject to the agreed brief, the creative and technical execution of the Services — including framing, lighting, editing, grading, sound design and final cut — is at OneCast's professional discretion. The Client engages OneCast on the basis of its established style and quality, as published on OneCast's portfolio.
6.1 OneCast may engage employees, contractors and subcontractors to perform any part of the Services. OneCast remains responsible for the Services performed by its Crew and ensures Crew are bound by confidentiality obligations consistent with these Terms.
6.2 Replacement. Where a named Crew member becomes unavailable for reasons beyond OneCast's reasonable control (illness, injury, accident, unforeseen scheduling conflict, etc.), OneCast may substitute a Crew member of equivalent skill without that constituting a breach of these Terms.
6.3 Right of assignment. If for any reason OneCast becomes unable to perform the Services in whole or in part, OneCast may, with the Client's consent (not to be unreasonably withheld), arrange for a reputable third-party studio to perform the Services on equivalent terms.
6.4 Conduct. OneCast does not tolerate any form of abuse, harassment, intimidation, discrimination or unsafe behaviour directed at any Crew member, whether on location or via email, telephone, letter or social media. If such behaviour occurs, OneCast reserves the right to suspend or withdraw its Services immediately, and the Client remains liable for the full fees that would have been payable had the Services been completed.
7.1 All cameras, lenses, lighting, audio gear, computers, drives and other equipment used by OneCast in delivering the Services remain the exclusive property of OneCast (or the relevant rental house). The Client acquires no interest in any OneCast equipment.
7.2 Care of equipment on location. While Crew are on the Client's premises or a location organised by the Client, the Client must take reasonable steps to ensure the safety and security of OneCast's equipment, including providing a safe place to stage gear between set-ups, restricting public access where appropriate, and identifying any environmental hazards (water, dust, heat, electrical, etc.) in advance.
7.3 Equipment failure. Where reasonably possible, OneCast carries redundant gear (back-up bodies, cards, drives, audio recorders) to mitigate the impact of equipment failure. In the unlikely event that an equipment failure prevents any part of the Services being delivered, OneCast's sole obligation is the proportionate remedy described in Clause 19 (Limitation of Liability).
8.1 The Client is responsible for arranging access to any location at which the Services are to be performed and for ensuring that the location is fit for purpose, lawful to use, and free from any restrictions that would prevent the agreed Services being delivered.
8.2 Permits. The Client is responsible for obtaining (and paying for) any permits, council approvals, venue permissions, airspace clearances, road-closure approvals, ranger or park-authority permits, body-corporate consents and similar approvals required for the Shoot. OneCast will assist with documentation and can arrange permits as a paid pre-production add-on if requested in writing.
8.3 Filming restrictions. Where the venue or location imposes filming restrictions (no flash, no flying drones, no live audio capture, restricted areas, time limits, etc.), the Client must disclose those restrictions in writing in advance. OneCast is not responsible for content not captured because of restrictions outside its reasonable control.
8.4 Parking. Where the shoot location has parking on site, the Client must reserve at least one (1) parking space close to the venue entry for the Crew's production vehicle. Where this is not possible, parking costs and reasonable additional load-in time will be billed as an out-of-pocket expense under Clause 4.3.
9.1 General. Photography and videography on outdoor locations is sensitive to weather and lighting. OneCast cannot guarantee image or video quality in conditions outside its reasonable control (low or harsh light, smoke, dust, fog, strong wind, extreme heat or cold). The Client acknowledges that these conditions may affect the Deliverables.
9.2 Equipment-damaging weather. OneCast will not film or photograph in weather conditions which, in OneCast's reasonable judgement, present a risk of damage to its equipment or harm to the Crew or anyone on set. This includes rain, hail, electrical storms, dust storms, smoke from active fires, dangerous heat (defined as ambient temperatures sustained above 38°C), and high-wind conditions that exceed the safe operating envelope of cameras, lighting stands or drone equipment.
9.3 Who calls a weather postponement. The decision to postpone, modify or proceed with an outdoor Shoot on weather grounds is made jointly by OneCast and the Client, taking into account the Bureau of Meteorology forecast and conditions on the day. Where OneCast and the Client cannot agree, OneCast's decision in respect of Crew and equipment safety is final.
9.4 Notice and rescheduling. Where weather requires postponement, OneCast and the Client will use reasonable endeavours to reach a postponement decision no later than 5:00 pm on the day before the Shoot Day, or as early on the morning of the Shoot Day as the forecast becomes clear. The Booking Fee transfers to the rescheduled Shoot Day, subject to Crew and equipment availability. If a wholly equivalent rescheduled Shoot Day cannot reasonably be agreed within thirty (30) days, the Client may elect to convert the Engagement to a different scope of equivalent value.
9.5 Wet-weather contingency. If the Engagement is for an outdoor event or shoot, the Client should arrange an indoor wet-weather contingency where reasonably possible. If suitable indoor arrangements cannot be made and weather prohibits filming, the Booking Fee and any other amounts paid are non-refundable but transfer to a rescheduled Shoot Day under Clause 9.4.
9.6 Conditions on the day. If OneCast and Crew attend the Shoot location and are ready to work, but conditions on the day (sudden rain, smoke, etc.) cause the Shoot to be cut short, fees for that Shoot Day remain payable in full and the Engagement may be re-scoped at OneCast's standard rates.
10.1 Five-hour meal. For any Shoot Day on which the Crew are working for five (5) hours or more (including set-up and pack-down), the Client must provide each Crew member with a hot or cold meal of reasonable nutritional quality. A meal means a substantial cooked or prepared dish — not snacks, biscuits, fruit platters or beverages alone.
10.2 Dietary requirements. OneCast will advise the Client of any Crew dietary requirements (vegetarian, vegan, gluten-free, allergies, religious or cultural requirements) at least seventy-two (72) hours before the Shoot Day. The Client will use reasonable endeavours to accommodate notified requirements.
10.3 Buy-out option. Where the Client elects not to provide meals, or where suitable meals cannot reasonably be arranged at the location, OneCast will arrange Crew meals and charge a meal allowance back to the Client at thirty-five Australian dollars ($35.00 AUD) per Crew member per meal (inclusive of GST).
10.4 Long days. For Shoot Days exceeding ten (10) hours, the Client will provide a second meal or meal allowance on the same basis as Clauses 10.1 to 10.3. Rest breaks of at least thirty (30) minutes will be taken at reasonable intervals.
10.5 Drinks. The Client will ensure ready access to drinking water for the Crew throughout the Shoot Day.
11.1 WHS compliance. OneCast and the Client will each comply with the Work Health and Safety Act 2012 (SA) (or the equivalent state legislation applying at the Shoot location) and any applicable regulations and codes of practice. OneCast will conduct a reasonable risk assessment for each Shoot Day and brief Crew accordingly.
11.2 Site responsibility. Where the Shoot takes place on premises controlled by the Client or its agents, the Client (as the person conducting the business or undertaking in respect of the site, or its representative) is responsible for the safety of the site and must, so far as reasonably practicable:
11.3 Security of equipment. The Client is responsible for the security of OneCast equipment while it is in any area of the Client's premises to which the Client controls access. Where equipment is lost, stolen or damaged as a result of the Client's failure to take reasonable security measures (including failing to lock secured areas, leaving public access to staging areas, failing to disclose known security risks, etc.), the Client is liable for the replacement cost of the equipment, less any amount recovered under OneCast's insurance.
11.4 Right to stop work. OneCast may suspend or terminate any Shoot if, in its reasonable judgement, the site or conditions present an unacceptable safety risk to Crew or any other person, or if any Client-disclosed hazard is materially different from what was disclosed. Fees for the Shoot Day remain payable in full.
11.5 Insurance. OneCast maintains public liability insurance for an indemnity limit of not less than ten million Australian dollars ($10,000,000 AUD) and equipment insurance covering its production equipment. Certificates of currency are available to the Client and venue operators on written request.
12.1 Where the Services include recording images or voice of any identifiable individual (employees, customers, models, audience members, members of the public, etc.), the Client is responsible for ensuring that each such individual has signed an appropriate model release / talent release (or other valid consent under the Privacy Act 1988 (Cth)) covering the intended use of the Deliverables.
12.2 OneCast can provide a standard talent release template on request. Where the Client requires OneCast to collect releases on its behalf, that work is treated as a paid add-on and quoted separately.
12.3 Children and vulnerable persons. Where any individual being photographed or filmed is under 18, or is a vulnerable person, the Client must obtain written consent from the individual's parent or legal guardian (or other appropriate consent-holder) before the Shoot Day.
12.4 Indemnity. The Client indemnifies OneCast against any claim brought by an identifiable individual whose image or voice appears in the Deliverables and for whom the Client failed to obtain a valid release.
13.1 Copyright. Copyright in all Deliverables and Raw Materials produced by OneCast subsists under the Copyright Act 1968 (Cth) and, as between OneCast and the Client, vests in OneCast at the moment of creation. OneCast is the “maker” and “author” for the purposes of that Act.
13.2 Licence on full payment. Upon, and only upon, receipt by OneCast of full and cleared payment of all fees and expenses owing for the Engagement (the relevant Quote, Booking Fee, balance invoice, any approved variations and any out-of-pocket expenses), OneCast grants the Client a perpetual, worldwide, royalty-free, non-exclusive licence to reproduce, communicate, publish, adapt and use the Deliverables for the purposes set out in the Quote (the “Licensed Uses”). Until that payment is received, the Client has no licence (express or implied), no copyright assignment and no other right of use in respect of any Deliverable, draft, master draft, preview, watermarked preview, gallery sample, work-in-progress file, proof or Raw Material made available to the Client by OneCast, whether shared through the portal or workspace, sent by file-transfer link, emailed, screen-shared or otherwise delivered. Materials provided before full payment are provided strictly for the Client's internal review and approval purposes only and must not be reproduced, published, distributed, posted to social media, supplied to a third party, used in any pitch, used for any commercial purpose, or made publicly available in any form. Any such pre-payment use is a breach of these Terms and an infringement of OneCast's copyright under the Copyright Act 1968 (Cth).
13.3 Scope of standard licence. Unless the Quote states otherwise, the Licensed Uses include the Client's use of the Deliverables for:
13.4 Uses requiring an extended licence. The following uses are not included in the standard licence and must be quoted and paid for separately:
13.5 Buy-out / copyright assignment. Where the Client requires full copyright assignment (a “buy-out”) rather than a licence, the Quote will state this expressly and price it accordingly. A copyright assignment only takes effect on the date stated in a signed written assignment that complies with section 196 of the Copyright Act 1968 (Cth).
13.6 Term. The licence in Clause 13.2 is perpetual unless the Quote specifies a fixed term, in which case the Client's rights expire at the end of that term.
13.7 Exclusivity. Licences are non-exclusive by default. Exclusivity (in a defined territory, channel, sector or competitor-set) is only granted where the Quote states this expressly and is priced separately.
13.8 Attribution and moral rights. OneCast retains its statutory moral rights under Part IX of the Copyright Act 1968 (Cth). Where reasonably practicable in the medium, the Client will credit OneCast (e.g. “Video by OneCast Media”) and not subject the Deliverables to derogatory treatment. The Client may apply colour grading and minor edits consistent with brand application without infringing moral rights.
13.9 Raw Materials. Raw Materials (unedited footage, RAW files, project files, audio stems, proxies) are not delivered as part of the standard Engagement and remain the exclusive property of OneCast. Raw Materials are available as a paid add-on subject to a separate licence on commercial terms agreed in writing.
13.10 Third-party content. Any music, fonts, stock footage, motion-graphic templates, plug-ins or other third-party material incorporated into a Deliverable is licensed to the Client subject to the upstream licensor's terms. The Client must not reuse third-party content outside the licensed Deliverable without re-licensing it directly.
13.11 Withholding pending payment. Reinforcing Clause 13.2: until OneCast has received full and cleared payment for the Engagement, the Client has no licence (express or implied) to use the Deliverables, and any sharing of preview material, watermarked drafts, masters, proofs, gallery samples or work-in-progress files is for the Client's internal review and approval purposes only and is not a Licensed Use. OneCast may withhold final delivery of high-resolution Deliverables and Raw Materials, may revoke portal or download access, and may remove watermarks and lift restrictions only once cleared payment is received.
13.12 Music. All music used in video Deliverables is sourced from libraries appropriately licensed by OneCast for the agreed use. The Client must not substitute alternative music tracks into the Deliverables without ensuring it has the rights to do so. OneCast is not responsible for the Client's misuse of incidental music recorded on location (e.g. live performances, public broadcasts), which the Client must clear separately if it intends to retain such audio in the final Deliverables.
14.1 OneCast may use the Deliverables, behind-the-scenes material and the fact of the Engagement in its own portfolio, showreel, website, social media channels, awards submissions and marketing materials, with appropriate attribution to the Client where relevant.
14.2 Opt-out. Where the Engagement is genuinely confidential or commercially sensitive, the Client may opt out of Clause 14.1 by notifying OneCast in writing (an email to info@onecast.media is sufficient) at any time before delivery of the final Deliverables. The opt-out is honoured prospectively from the date OneCast acknowledges receipt.
14.3 Embargo. The Client may request an embargo on OneCast's portfolio use for a defined period (for example, before a campaign launch) by written notice. OneCast will respect any reasonable embargo notified in writing.
15.1 Each party may receive confidential information from the other in the course of the Engagement, including unreleased products, pricing, business strategy, customer information and personal data. Each party will keep the other party's confidential information in strict confidence and use it only to perform its obligations under the Engagement.
15.2 Confidential information does not include information that is publicly known (other than through a breach of these Terms), already known to the receiving party before disclosure, independently developed without reference to confidential information, or required to be disclosed by law or a court of competent jurisdiction.
15.3 Crew engaged by OneCast are bound by equivalent confidentiality obligations through their engagement with OneCast.
16.1 The Client may cancel an Engagement at any time by written notice to OneCast. Cancellation fees are calculated by reference to the period of notice given before the first scheduled Shoot Day:
16.2 In addition to the above, the Client must reimburse OneCast for any non-recoverable third-party costs already committed on the Client's behalf (talent fees, equipment hire deposits, location hire, travel bookings, permits, etc.).
16.3 Where part of the Services has been performed at the date of cancellation, OneCast will, where reasonably possible, hand over work-in-progress files to the Client on a non-licensed basis pending settlement of all amounts payable. The licence in Clause 13.2 only arises once all fees are paid in full.
17.1 The Client may request to postpone a Shoot Day. OneCast will use reasonable endeavours to accommodate the new date subject to Crew and equipment availability. The Booking Fee transfers to the rescheduled Shoot Day.
17.2 Postponement fees. If the Client postpones with less than seven (7) days' notice before the Shoot Day, a postponement administration fee equal to twenty per cent (20%) of the total quoted fee is payable in addition to any non-recoverable third-party costs.
17.3 Limit. A booking may only be postponed twice before it is treated as a cancellation under Clause 16.
17.4 Postponement by OneCast. OneCast may postpone a Shoot Day where required by illness or injury of essential Crew, equipment failure that cannot reasonably be mitigated, weather (see Clause 9), or any Force Majeure Event (see Clause 21). OneCast will give the Client as much notice as reasonably practicable and offer an alternative Shoot Day at no additional fee.
18.1 Delivery timeframes are stated in the Quote. Where no timeframe is stated, OneCast will use reasonable endeavours to deliver edited photographs within fourteen (14) days and video Deliverables within four (4) to six (6) weeks of the final Shoot Day, subject to scope and revisions.
18.2 Format. Deliverables are supplied digitally via a private download link or shared portal. Physical media (drives, discs) are available on request at additional cost.
18.3 Revisions. Each Engagement includes the number of rounds of revisions specified in the Quote (where not specified, one round of reasonable, technical revisions). Additional revisions, creative re-edits or changes to approved scope are quoted separately.
18.4 Acceptance. Deliverables are deemed accepted twenty-eight (28) days after delivery unless the Client gives written notice of a defect during that period. After the acceptance window, further edits are quoted as new work.
18.5 Archive. OneCast holds project files and Raw Materials in its archive for a period of twelve (12) months from delivery. Beyond that period, OneCast may delete Raw Materials at its discretion. Long-term archival storage is available as a paid add-on.
19.1 Nothing in these Terms limits any non-excludable consumer guarantee, warranty or right under the Australian Consumer Law (see Clause 22) or any other applicable law.
19.2 Cap. Subject to Clause 19.1, OneCast's total aggregate liability to the Client in connection with the Engagement (whether in contract, tort, statute or otherwise) is capped at the fees paid by the Client for the Engagement.
19.3 Indirect loss. Subject to Clause 19.1, neither party is liable to the other for any indirect, incidental, special or consequential loss, including loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, or loss of opportunity.
19.4 Proportionate remedy. If OneCast is unable to deliver a portion of the Services due to circumstances beyond its reasonable control, OneCast will, at its election: (a) refund a proportionate part of the fees paid in respect of the undelivered Services; or (b) reschedule the affected portion of the Services on equivalent terms at no additional fee.
20.1 Client indemnity. Subject to Clauses 20.3 and 20.4, the Client indemnifies and holds harmless OneCast and its Crew against reasonable defence costs (including reasonable legal costs) and amounts paid in settlement (where the settlement is approved by the Client, such approval not to be unreasonably withheld) or finally awarded by a court of competent jurisdiction, in respect of a third-party claim brought against OneCast or its Crew to the extent the claim arises from or relates to:
20.2 OneCast indemnity. OneCast indemnifies the Client against any third-party claim that the Deliverables, as supplied by OneCast and used within the Licensed Uses, infringe the copyright of a third party, provided that the Client (a) notifies OneCast of the claim promptly in writing, (b) allows OneCast to control the defence and any settlement, and (c) provides reasonable assistance.
20.3 Carve-out — our own fault. The Client indemnity in Clause 20.1 does not apply to, and the Client does not indemnify OneCast against, any loss, damage, liability, fine or cost to the extent it was caused or contributed to by OneCast's own (a) gross negligence, (b) wilful misconduct, (c) fraud, or (d) material breach of these Terms or of any applicable law. This carve-out operates as a complete exclusion (not a proportionate reduction) for loss caused by OneCast's gross negligence, wilful misconduct, fraud or material breach, and OneCast retains an independent duty to mitigate its own loss. For loss only partly attributable to OneCast as described in this clause, the Client's indemnity is reduced proportionately to the extent of OneCast's contribution.
20.4 Cap and conduct of claims. The Client's total aggregate liability under Clause 20.1 is limited, for all claims in aggregate, to the greater of (a) the total fees paid by the Client for the Engagement, and (b) ten thousand Australian dollars ($10,000 AUD), other than for liability that cannot be limited under Australian law or that arises from the Client's fraud or wilful misconduct. OneCast will promptly notify the Client of any claim for which it intends to seek indemnity, allow the Client (at the Client's election and cost) to assume control of the defence and settlement of the claim using legal counsel of reasonable standing, and not settle, admit liability or make any prejudicial statement without the Client's prior written consent (such consent not to be unreasonably withheld).
21.1 A “Force Majeure Event” means any event beyond the reasonable control of the party affected, including (without limitation): natural disaster, fire, flood, storm, earthquake, severe weather, pandemic, epidemic, government restriction or directive, lockdown, civil unrest, riot, terrorism, act of war, strike, transport disruption, power failure, telecommunication failure, or serious illness or injury of essential Crew.
21.2 Neither party is liable for any failure or delay in performing its obligations under the Engagement to the extent caused by a Force Majeure Event. The affected party will notify the other promptly and use reasonable endeavours to mitigate the impact.
21.3 If a Force Majeure Event prevents performance for more than sixty (60) days, either party may terminate the affected Engagement by written notice. On termination, OneCast will refund any pre-paid fees for Services not performed (less any non-recoverable third-party costs already committed on the Client's behalf).
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2 of that Act), or any other applicable law that cannot be lawfully excluded.
To the extent permitted by law, where a consumer guarantee under the Australian Consumer Law applies to the Services and the guarantee is not of a kind that cannot be limited under section 64A of the ACL, OneCast's liability for breach of that guarantee is limited (at OneCast's election) to:
OneCast handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of personal information is described in the Privacy Policy available at onecast.media/privacy. Where the Client supplies the personal information of any third party (subjects, contacts, customers) to OneCast in connection with the Engagement, the Client warrants that it is entitled to do so and has obtained any required consents.
No variation to these Terms or to a Service Agreement is effective unless it is in writing and signed by an authorised representative of each party (or, in the case of email correspondence, expressly accepted by each party).
25.1 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision is severed and the remaining provisions continue in full force and effect.
25.2 Entire agreement. These Terms (together with any accepted Quote or signed Service Agreement) constitute the entire agreement between the parties in relation to the Engagement and supersede all prior representations, negotiations and understandings. The Client confirms that it has not relied on any representation, statement or assurance not expressly recorded in these Terms or in the Quote or Service Agreement.
26.1 If a dispute arises between the parties in connection with an Engagement, the parties will use good-faith endeavours to resolve the dispute by negotiation between senior representatives of each party before commencing court proceedings.
26.2 If the dispute is not resolved within twenty-one (21) days of one party notifying the other in writing, either party may refer the dispute to mediation administered by the Resolution Institute (or another mediator agreed in writing) before commencing court proceedings, except where urgent injunctive relief is required.
26.3 Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.
These Terms are governed by the laws of South Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth courts having jurisdiction in South Australia. This Clause 27 does not prevent the Client from commencing or defending proceedings in the courts of the Australian State or Territory in which it carries on business, where doing so is more convenient for the Client, and does not prevent either party from seeking urgent injunctive or interlocutory relief from any court of competent jurisdiction.
For any questions about these Terms or any Engagement: