TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By accessing and using the website neverhomepicturespty.space ("Website") or engaging the services of Never Home Pictures Pty Ltd (ABN 99 696 475 573, ACN 696 475 573) ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Website or engage our services. These Terms are governed by the laws of the State of Victoria, Australia.

2. SERVICES

Never Home Pictures Pty Ltd provides film and video production services including, but not limited to, commercial production, music video production, documentary filmmaking, corporate video, post-production, and animation ("Services").

All Services are provided subject to a separate written agreement, quote, or scope of work document agreed between the Company and the Client. These Terms apply in addition to any project-specific agreements.

3. QUOTES AND PRICING

All quotes provided by the Company are valid for 30 days from the date of issue unless otherwise stated. Prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise specified.

Additional costs may be incurred for changes to the agreed scope of work, additional shooting days, revisions beyond the agreed number, or rush delivery requests. Such costs will be communicated and agreed upon before being incurred.

4. PAYMENT TERMS

Unless otherwise agreed in writing:

• A deposit of 50% of the total project fee is required before commencement of production.
• The remaining balance is due upon delivery of the final product.
• Invoices are payable within 14 days of the invoice date.
• Late payments may incur interest at a rate of 2% per month on the outstanding balance.

5. INTELLECTUAL PROPERTY

Unless otherwise agreed in a project-specific agreement:

• The Company retains ownership of all intellectual property created during production until full payment has been received.
• Upon full payment, the Client is granted a licence to use the delivered content for the purposes outlined in the project agreement.
• The Company reserves the right to use completed work in its portfolio, showreel, and marketing materials unless otherwise agreed.
• Raw footage and project files remain the property of the Company unless explicitly transferred in writing.

6. CANCELLATION AND POSTPONEMENT

Cancellations or postponements must be communicated in writing. The following cancellation fees apply:

• More than 14 days before scheduled production: deposit is refundable less any costs already incurred.
• 7–14 days before scheduled production: 50% of the total project fee is payable.
• Less than 7 days before scheduled production: 100% of the total project fee is payable.

7. CLIENT RESPONSIBILITIES

The Client is responsible for providing timely approvals, access to locations, talent releases, and any materials required for production. Delays caused by the Client may result in additional charges and adjusted delivery timelines. The Client warrants that all materials provided to the Company for use in production do not infringe any third-party intellectual property rights.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• The Company's total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to natural disasters, pandemics, government restrictions, equipment failure, extreme weather, or industrial action.

10. WEBSITE USE

When using the Website, you agree not to:

• Use the Website for any unlawful purpose
• Copy, reproduce, or distribute any content from the Website without prior written consent
• Attempt to gain unauthorised access to the Website or its underlying systems
• Introduce viruses or other malicious software

All content on the Website, including text, images, graphics, and video, is the property of Never Home Pictures Pty Ltd and is protected by Australian and international copyright laws.

11. INDEMNIFICATION

The Client agrees to indemnify and hold harmless the Company, its directors, employees, and contractors from and against any claims, damages, losses, or expenses arising from the Client's breach of these Terms or misuse of the delivered content.

12. DISPUTE RESOLUTION

Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, the parties agree to submit to mediation in Melbourne, Victoria, before pursuing any other form of dispute resolution. These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria.

13. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Website. Continued use of the Website or our Services after changes are posted constitutes acceptance of the revised Terms.

15. CONTACT

For any questions regarding these Terms of Service, please contact us: