Terms of Service
NOTICE: Please pay attention to clause (12), (12a), (12b) and (12c). Despite continued publication of this, notices on the website, social media, mail outs and otherwise, many people are still forgetting to pick up their negs within the three month window. As we don’t charge retrieval fees, we urge people to be more vigilant if they want their negatives back. As of October 2019, negatives surpassing three months in storage will be responsibly disposed of.
By placing an order with Racquet Film (trading as Racquet Creative PTY LTD, ABN: 60 614 971 934), the client accepts the terms and conditions of trade. These clauses govern every contract made between Racquet Film and the customer, including, without limitation, the supply of goods and services to any person, firm or company, the sale of products and the provision of advice and/or guidance, either overtly or implied. The terms prevail over any written terms and conditions of the client. Any variation to the Terms must be agreed to in writing by a director of Racquet Creative PTY LTD.
1. Payment, Fees and Credit.
All orders placed with Racquet Film require payment at the client’s earliest convenience, or prior to the delivery and/or collection of the services/stock provided. For in-store visits this is almost always done at the time of ‘drop off’. Racquet Film can and will withhold progress on work with outstanding balances. Payment is deemed complete when the money has been obtained and is accessible by Racquet Film.
For larger jobs, Racquet Film may require a deposit of up to 50% prior to commencement and they retain the right to ask for this at their discretion. For jobs in excess of $500.00 AUD, Racquet Film requires a firm deposit of 50% of the total quoted price, and it’s important that the client understands services will not commence until payment is received. All turnaround time’s conveyed on Racquet Film’s website, social media and other platforms commence from the time an invoice is cleared. Please note, outstanding balances on these jobs follow a routine procedure meaning that if the sum total of the order is not paid within 30 days of services rendered, 100% of the deposit is deemed forfeited and retained by Racquet Film.
2. Film Submission & Postage
Submitting your film can be done by sending a padded parcel with your rolls and submission sheet enclosed to our address listed at the conclusion of this document. Alternatively, you can submit your rolls in a similar fashion at our lab. While it’s extremely rare that any issues arise when film is posted to Racquet Film, the company is not responsible for the product on its way to the store, or on its way back to the consumer. Dispatched negatives are the property of Australia post from the moment they are officially lodged.
All film submission orders are final once Racquet has received the packet. Even if a client hasn’t paid, Racquet immediately begin processing intake orders when they arrive at the store. In circumstances where the client cancels the order after this has taken place, the client still owes the sum total of the order, payable within 30 days. Racquet Film take no responsibility for issues arising from incorrect or incomplete information the client has supplied either online, via email or by filling out the form at our lab. It is particularly important that the client correctly transcribes their email and phone number to ensure Racquet can reach them should any issues arise.
Prices listed are applicable from Dec 2019 and supersede all earlier offers. Prices are subject to change without notice and the associated terms and conditions of pricing may vary.
Upon placing an order, the client admits their right to reproduce all material supplied. The client assumes absolute liability for any resulting violation of copyright in any action brought forward by any third party. Racquet Film will claim no copyright in the material submitted by virtue of work undertaken on behalf of the client. All roll submissions require a signature from the client which acts as a further acknowledgement of this (and other issues) that can relate to certain content on rolls provided to Racquet by any third party.
In the unlikely event that any of your film, digital media or other material is damaged or lost while in Racquet Film’s possession, or in the possession of a contractor appointed by Racquet Film, the client must action any intent to make a claim within seven days of the loss or damage. In such circumstance that a claim is made, Racquet Film’s liability will not be in excess of:
5A) The replacement value of the film damaged or lost.
5B) The appropriate charges Racquet Film had invoiced for the job(s).
In no case will Racquet Film or its suppliers and distributors be liable in excess for discrepancies in results provided to the client, either through loss or damage to the client’s film, digital media or other material. No variation in colour, tone or other aesthetic traits will render them liable for refund, so long as such limitation does no infringe on the rights of customers as stipulated in the trade practices act. In dealing with Racquet Film, the client understands that it is in Racquet’s best interest to provide the highest quality product and any shortcomings are unintentional and could be caused by a variety of factors, either in lab or by the consumer prior to submitting the rolls. The client acknowledges that this limitation of liability may be pleaded by Racquet Film as a way to cease subsequent action by the customer in excess of replacement film, films, digital media and materials.
6. Defects/ Refunds
In circumstances in which Racquet Film sell a tangible item to a client, if the item is found to be defective, damaged or otherwise, the client is to submit a written request stipulating damages within 10 days of purchase. In addition, the goods should be promptly returned for inspection. Clients who purchase defective goods are entitled to a prompt new-for-old return. It’s imperative that client’s of Racquet Film understand that purchasing products deemed ‘vintage’ – like film cameras – is inherently risky and they are prone to breakage without warning.
7. Service Times & Operating Hours
Racquet Film is open five days a week, though its exact service hours are subject to change. We endeavour to complete all work as fast as we can while maintaining the highest quality in a quest for complete customer satisfaction. 90% of Racquet Film’s orders are completed and ready for the customer within 5 week days of receiving them. Our operating hours are generally as followed:
Tuesday-Friday: 11am – 6pm.
Saturday: 12pm – 4pm
8. Development Traits
Where there are no specific instructions, C41, B&W and slide development (E6) is done to lab standard while adhering to services requested at the time of order. As colour and other film traits are often a matter of personal perception and preference, we welcome a reference print or brief to assist us in achieving your ideal image. Racquet Film make no guarantee that your reference print or brief can be matched or emulated, and the client understands and acknowledges that any collateral provided is merely a guide to aid in the development process. Irrespective of the lab’s capabilities in development and scanning, the base product – being the roll of film the customer has shot – must be of sound standard to provide truly workable files. As such, the client does not expect an exact replica of traits unless otherwise agreed upon in writing prior to the project’s commencement.
9. Scan Only & Dev Only Jobs
While 90% of our customer base get develop and scan work with us, some customers only require scans or development (not both). ‘Scan only’ and ‘dev only’ jobs are unique as we don’t have control over the process from beginning to end, meaning it’s impossible to know how the film was treated prior to or after our dealing with it. If you request that we scan rolls from another lab, Racquet Film take no responsibility for any scratches, poor results, dust or otherwise that may have occurred at the prior lab, during your safekeeping and/or transport to our lab. Things like over tightening of rolls, the use of sticky tape and general exposure to dust can all have significantly negative effects on the scans.
For large or unusual orders, we encourage clients to place a request for quote (RFQ) prior to moving forward with the job. The submission of a large RFQ does not guarantee the customer will receive a notable discount however larger orders are more likely to see reduces figures. If you have received a quote in which the sum total is less than our normal prices, this must be submitted with your order to ensure we handle the job appropriately. If your order is deemed different to the one you placed an RFQ for, Racquet Film reserve the right to void or vary the quote at their discretion.
Quantity discounts are viewed on a case-by-case basis. If we believe your order qualifies for a quantity discount, we’ll inform you at our earliest convenience with an amended order price. If you’ve already paid your invoices’ sum total, the remaining balance will be placed on your account as a store credit to be used anytime you wish.
Racquet Film do everything they can to ensure the safe, long-term storage of your items while in our possession. This includes both physical and digital goods. As of late 2019, Racquet was no longer able to store negatives for longer than three months. Please note that this was made public on our channels, Google Listing, Website and mailing list. If you have negatives with us that are over three months old, you should attempt to collect them immediately, however we offer no assurances that they are still available.
12A) Uncollected goods
Racquet Film will carefully store all material, film, electronic data and other media – excluding download links for imagery – for a period of three months. All download links will retain their accessibility for the same period, after which they will be deleted. Should you wish to re-access an expired download link, you will be required to repay your original order amount, covering the cost of us finding your order, rescanning it, editing it, uploading it and providing it to you again. For this reason, we urge everyone to download their links and make backups the moment they receive them. After three months has elapsed, material, film, electronic data and other media will be disposed of. We do not charge retrieval fees or otherwise; we simply require all customers to collect their negatives within three months.
12B) Physical Storage
The storage of your negatives and other similar items will be done so with care, and remain easily accessible for you to retrieve within three months of job completion. After this time period has elapsed, the negatives will be responsibly disposed of.
12C) Digital Storage
Links to developed media and other electronic data will be retained by Racquet Film for a period of three months. All clients should download and retain backups of purchased goods upon receiving them to ensure no loss of data is incurred. Should a client require reinstatement of a link outside of the three month retention period, the sum total of their original order fee – or a $50 AUD retrieval fee, decided by Racquet – will apply. Time periods pertaining to link restoration vary.
Racquet Film will do their best to contact all clients who are nearing the cutoff for uncollected goods, however the company can make no guarantees that they will successfully sift through the thousand of onsite negatives to ensure all outstanding packets are collected on time.
13A) Collection of Information
Racquet Film collect personal information in a lawful and fair way at all times and advise you where and how to contact us. We will advise you why the information is being collected and will never disclose or sell the information to a third party. If you do not want to provide the information we will advise the customer of the implications in doing so and allow the customer to assess how best to move forward. In the unlikely case any of a customer’s information is collected from a third party we will take reasonable steps to advise you that the information had been collected and explain whether it may or may not be retained for reasons that are deemed lawful.
13B) Use and Disclosure of Information
Personal information will be disclosed only in accordance with the Act stipulated in clause 15. We will only disclose information if (a) we have your consent (b) we are required by law to do so, or, (c) it is otherwise permitted under the Act. Racquet Film may also use collected information to promote and market goods and/or services that we consider may be of interest or benefit to you. If you do not wish for us to contact you regarding other services or promotions, please advise us in writing via post or email to the addresses provided in the concluding contact section of this document.
13C) Security of Retained Data
We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date. The accuracy of any such information is largely dependent on details provided by the client. Racquet Film recommends that any person/s or organisations that have information held by our company inform us of any known errors in the information, keep us informed on changes to personal or company information and release other pertinent information where they see it. Should you need to advise us of any errors or changes to your personal information, please do so in writing either via post or email to the addresses provided in the concluding contact section of this document.
13D) Data Keep Safe
13E) Openness of Information
This policy is available and readily accessible on our site. It is subject to change and we encourage our customers to review it periodically to ensure they are comfortable with the terms outlined within. We also encourage customers to contact us should they require clarification on any of the terms, statements or otherwise within the document.
13F) Accessing Information
Individuals and corporations have a right to access their own personal information held by Racquet Film, subject to some exceptions under the Act. For security reasons, any person/s wishing to access their information may be asked to put this request to Racquet Film in writing, and may be also be subject to further security checks if Racquet Film deem it appropriate.
13G) Sensitive Information
We will not collect sensitive information about an individual unless (a) the individual has consented and/or (b) the collection is required by law. In addition to these reasons, sensitive information will only be collected if it is otherwise permitted under the Act.
13H) Breach of Privacy
14. Your content
The client agrees that all film provided to Racquet Film does not contain any illegal content and cements this when signing the roll submission form provided by Racquet. Racquet Film takes no responsibility and assumes no liability for any content that you provide to Racquet Film. The company acts as an unknowing third party while processing your work.
15. Governing Laws
The agreement between you and Racquet Film shall be governed in all respects by the laws of Queensland, Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If you wish to clarify anything within this document or raise any issues with management, direct written mail to our listed PO box, email us via lab [at] racquetfilm.com or call our hotline on +61 490 528 339 during our business hours. Alternatively, you can check the contact page for a suitable person to direct your query or concern to.