The Hype Project

Terms and conditions

GENERAL TERMS AND CONDITIONS FOR ALL CUSTOMERS/CLIENTS/USERS

The customer/user must read this document carefully.
These Terms are governed by the law of the place where The Hype Project is based (as disclosed below).

The Hype Project service(s) is provided by:

Hype Project Productions Pty Ltd 17 Dover Street, Albion 4010, Queensland

Owner contact email: [email protected]

“The Hype Project services” refers to;

any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the user/customer/client should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of users. In particular, certain provisions may only apply to customers/clients or to those users that do not qualify as customers/clients. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

The Hype Project’s website is owned by The Hype Project, and is operated by The Hype Project.

Your access to this website and purchase of products and services, is subject to these terms and conditions, notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as Terms of Use). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.

COPYRIGHT STATEMENT

Unless indicated otherwise, The Hype Project holds the copyright to this website and its contents, except where information is clearly in the public domain.

You are not permitted to reproduce or alter this website for any other purpose. Nor are you permitted to download and alter the contents of this website. Nor is permission given for any sale or commercial use of any or all of this website, or any content owned by The Hype Project.

CODE OF CONDUCT

You shall use the website and services for lawful purposes only. You shall not post or transmit via the Website any material (Content) which violates in any way the rights of others, which is unlawful, threatening, defamatory, invasive of privacy, obscene, breaches copyright law or intellectual property rights or is otherwise objectionable.

SUPPLY OF CONTENT

The Hype Project reserves the right to refuse services to any customer or user.

To the extent permitted by law, The Hype Project will be under no liability to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of content or details to The Hype Project, or the subsequent use of your created content by The Hype Project or any third parties.

In the case that you (your business) would like to report undesirable content, posts or to bring to The Hype Project users who may not be following these Terms of Use, please email The Hype Project.

All prices are quoted in Australian dollars and are Goods and Services Tax (GST) exclusive.
For customers and clients outside Australia, GST does not apply.

PURCHASING SERVICES

When purchasing services from The Hype Project and/or entering into a contract, the customer fully understands and accepts the following statements:

(a) The Hype Project holds and reserves all intellectual property (IP) rights for any such content. Customers/clients/users therefore may not use content/services outcomes in a way that is not implicit in the proper use of the service/service outcome. All services and outcomes (where IP is applicable) supplied will remain the property of The Hype Project. All services provided, will give The Hype Project legal title over the footage, design, intellectual property, items, products, or equipment, until the service(s) have been fully paid for, and at which time a licence for use is granted to the customer/client/user.

(i) if payment has not been made for services and outcomes in a timely fashion and within credit terms, or the customer/client has gone into bankruptcy and/or liquidation, goods/services must be immediately returned to The Hype Project as per the above.

(ii) the above means that all goods and outcomes serviced in any way by The Hype Project will become the property of The Hype Project, until such time as the payment for the services has been completed.

(iii) Where applicable creative assets such as [but not limited to; vector logo(s), colour code(s), font(s)/font file(s)] must be supplied prior to the commencement of work.

TIMEFRAME FOOTAGE AND ASSET STORAGE

When purchasing services from The Hype Project and/or entering into a contract, the customer fully understands and accepts the following statements:

(b) The Hype Project will keep and store footage, designs, created assets for a minimum and maximum of 12 months.

(i) the above means that all footage, designs, created assets will be destroyed if one of the below options is not organised by the customer/client.

(ii) Option 1 – post your harddrive (size specified by The Hype Project) to The Hype Project HQ return post-paid. The Hype Project will transfer your footage, designs – with legally entitled fonts/images, created assets to the customer/client harddrive. The Hype Project will post the harddrive using the return address and postage-paid packaging provided by the client.

Option 2 – The Hype Project will store your files for a month-to-month storage subscription of $10.00 + GST per 100GB.

Option 3 – The Hype Project will delete your raw footage, design files, assets, and only retain your final exported delivery files(s) at the flat fee of $1.00 + GST per 1GB.

REVISIONS

When purchasing services from The Hype Project and/or entering into a contract, the customer fully understands and accepts the following statements:

(c) Your video/design/ad copy and all creative works supplied by The Hype Project include one (1) round of free revisions and edits included in your service agreement.

(i) the above means additional changes after the first round of edits will be charged at the rate of $200/hr + GST.

BOOKING CANCELLATIONS OR CHANGES

If the need arises to change or cancel a The Hype Project service booking, the customer/client fully understands and accepts the following statements:

(i) all cancellations or changes need to be made more than 72 HOURS in advance of the booking.

(ii) if cancellations or changes are not made more than 72 HOURS in advance of the booking, but are made more than 24 HOURS in advance of the booking, a cancellation or change fee will be charged. The cancellation or change fee is 50% of the job value.

(iii) if cancellations or changes are within 24 HOURS of the booking, a cancellation or change fee will be charged. The cancellation or change fee is 100% of the job value.

(iv) the fees outlined above in points (ii) and (iii), will also be charged if the job is not changed or canceled, but the customer/client does not supply the talent, assets, location, or equipment needed to perform the service.

DISCLAIMER

The Hype Project strives to keep information stored on this website up to date, but does not guarantee the accuracy, reliability or currency of the information.

The Hype Project makes the greatest effort to make sure that content provided by The Hype Project does not infringe on legal provisions or third-party rights. However, it may not always be possible.

If this happens, without prejudice to any legal prerogatives of a customer/client/users to enforce their rights, users can report complaints via email using the details provided in this document (see above).

The customer/client/user understands that it is prohibited to copy, download, share, modify, sell, sublicense to third parties or create derivative works from the content on The Hype Project website.

The customer/client may download, copy and/or share content/service outcomes through a service agreement with The Hype Project for its sole purpose. Any applicable copyright limitations do not change.

ACCEPTABLE USE

The Hype Project services and its outcomes may only be used for what they are provided for, under these Terms and applicable law.

Customers/clients/users are solely responsible for making sure that their use of The Hype Project services does not violate any applicable law, regulations or third-party rights.

Therefore, the customer/client reserves the right to take any appropriate measure to protect its legitimate interests including by denying users access to The Hype Project service outcomes, terminating contracts, reporting any misconduct performed through The Hype Project or the service to the competent authorities – such as judicial or administrative authorities – whenever users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the customers/clients legitimate interests;
offend the customer/client or any third party.

LIMITATION OF LIABILITY (Australian Use Only)

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).

COMMONS

Customer/client/user failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

The customer/client/user may not reproduce, duplicate, copy, sell, resell or exploit any portion of The Hype Project and of its service without The Hype Project’s written permission.

CHANGES

The Hype Project reserves the right to amend or otherwise modify these Terms at any time. If changes occur, these changes will not affect any current agreements with the customer/client. The changes will affect future agreements. The continued use of The Hype Project services and service outcomes will signify the customer/client acceptance of the Terms changes. If the customer/client does not agree, nor want to submit to the changes, they must notify The Hype Project and stop using The Hype Project services. Non- acceptance entitles The Hype Project to end the service agreement(s).

EXCEPTIONS
Where applicable, the above does not apply to any users/customers/clients that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

The Hype Project 2021.