Terms of Service

 

By placing an order with Racquet Film, trading under 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 whomever the client is, including, without limitation, the supply of goods and services to any person, firm or company (‘the client’), the sale of products and the provision of advice and/or guidance. 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, by non-credit account clients, require payment at the clients earliest convenience. This can be done either upon submission, or prior to collection of the goods.Racquet Film reserve the right to withhold completed work until payment is made in full. Payment is deemed complete when the money has been obtained and is accessible byRacquet Film.

Racquet Film may require a deposit of up to 50% prior to job commencement and retain the right to request 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 the client understands services will not commence until payment is received. Outstanding balances on these jobs follow routine procedure. If any client fails to pay the sum total within 30 days of services rendered, 100% of the deposit is deemed forfeited and retained byRacquet Film.

2. Film Submission

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.

All film submission orders are final once payment has been received. 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.

3. Prices

Prices listed are applicable from May 2017 and supersede all earlier offers. Prices are subject to change without notice and the associated terms and conditions of pricing may vary.

4. Copyright

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.

5. Liability

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 chargesRacquet Film were invoicing for the job(s).

In all cases, Racquet Film, and it’s suppliers and distributers, will not be liable for discrepancies in results provided to the client, and any loss or damage to the clients 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.

The client acknowledges that this limitation of liability is 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.

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 still maintaining the highest quality in order to provide complete customer satisfaction. 90% ofRacquet 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: 11am6pm.
Saturday:  10am-2pm

8. Development Traits

Where there are no specific instructions, C41, B&W and slide development 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. As such, the client does not expect an exact replica of traits unless otherwise agreed upon in writing prior to the commencement of the project.

9. Scan Only Jobs

While 90% of our customer base get develop and scan work with us, some people only require scans. ‘Scan only’ jobs have a specific set of rules as it’s the one element of our service base that we don’t have control over from beginning of processing until completion. 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, or 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.

10. Quotes

For large or unusual orders, we encourage client’s to place a request for quote (RFQ) prior to moving forward with the job. The submission of an RFQ in no way guarantees the price quoted by Racquet Film will be reduced significantly or at all, however the larger the order, the more likely a reduced figure will be provided. 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 vary the quote appropriately, within reason.

11. Discounts

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 balanced will be deposited back into your nominated bank account.

12. Storage

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, and is expanded upon in the appropriate clauses below.

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 six months. All download links will retain their accessibility for a period of three months, after which they will be deleted. After six months has elapsed, material, film, electronic data and other media will be moved to deep storage. If you require such goods after the six-month time frame, a retrieval fee of $75.00 AUD will be applied. In addition to this, any extra scans or other service costs will be charged at their standard rate at the time of their retrieval.

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 six months of job completion. After this time period has elapsed, you will be charged the retrieval fee.

Racquet Film makes no guarantee that the negatives and other similar items will be available for retrieval after the six month period.

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 standard $75.00 AUD retrieval fee will apply. Time periods pertaining to link restoration vary.

Racquet Film will make efforts to contact a client regarding uncollected goods nearing their expiry date, however the company has no obligation to succeed in informing the client prior to or after the disposal of their electronic or physical data.

13. Privacy Policy

Racquet Film is committed to observing the National Privacy Principles as set out in the Privacy Amendment (Private Sector) Act 2000 (effective December 2001). Racquet Film is committed to the privacy of its clients’ information and all personal information that we hold is covered by this privacy policy. Racquet Film collects and holds client information for billing purposes in addition to aiding in research and better administer and managerial services provided to our clients.

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. If you do not want to provide the information we will advise you of the consequences. If the information is collected from a third party we will take reasonable steps to advise you that the information had been collected and 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 via post or email to the addresses provided in the concluding contact section of this document.

13D) Data Keep Safe

Racquet Film will take reasonable steps to protect the personal information that we hold from misuse, loss or unauthorised access, modification or disclosure. We will also take reasonable steps to destroy or make unidentifiable, any personal information that is no longer required by our company for the purposes in which it was collected. The Privacy Policy and our own established codes of business conduct commit us to safeguarding all client information that we collect.Racquet Film use security measures and up- to-date software to protect clients’ personal information. All security procedures are monitored and updated regularly.

13E) Openness of Information

This policy is available and readily accessible on our site. It is subject to change.

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 shouldRacquet 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

If you have any queries regarding the Racquet Film privacy policy, or feel we have breached this policy in any way – please contact us via the company details page shown on the website.

14. Your content

The client agrees that all film provided to Racquet Film does not contain any illegal content. Racquet Film takes no responsibility and assumes no liability for any content that you provide to Racquet Film.

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.

16. Contact
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.