Our Standard Terms & Conditions
To confirm the appointment of Shoot the Moon for the provision of professional services, the following Terms & Conditions are set out to our clients as part of our Conifrmation Form which is required to be signed and returned to Shoot the Moon. In order to confirm :
• the appointment of Shoot the Moon Pty Ltd’s services for an event;
• acceptance of these terms and conditions and
• approval of Shoot the Moon Pty Ltd’s production/theming estimate
A Shoot the Moon Pty Ltd Confirmation Form must be completed and authorised. Shoot the Moon Pty Ltd reserves the right not to commence any production work until this form is received. Payment of our invoice acknowledges acceptance of these terms and conditions.
Payment of Accounts
Accounts are based on the Shoot the Moon Pty Ltd production/theming estimate total, as approved by the client and payment terms are based on the lead time to the event date and are determined using the following criteria:
Upon acceptance of the proposal: 50% of the production / theming estimate.
60 days prior to the event date: a further 40% of the production / theming estimate.
After event completion: Final invoice of 10% of the production / theming total plus any additional services requested.
If the event has a lead time of less than 30 days or a total budget up to $5000.00 then the payment terms will be as follows:
Upon acceptance of the proposal: 90% of the production / theming estimate.
After event completion: Final invoice of 10% of the production / theming total plus any additional services requested.
Any additional services giving rise to the charges over the Shoot the Moon Pty Ltd production estimate must be requested and authorised by the client in writing. Additional charges will be invoiced to the client after event completion.
Shoot the Moon Pty Ltd Payment Terms
Shoot the Moon Pty Ltd payments are to be made by EFT:
Shoot the Moon Pty Ltd
Victoria Teachers Credit Union
BSB : 704-191
Account : 166824
Payments are due within seven (7) days of receipt by the client of a Shoot the Moon Pty Ltd invoice. Cheque payments will only be accepted in the event that the client does not have EFT facilities. Cheque payment terms are also within seven (7) days of receipt by the client of a Shoot the Moon Pty Ltd invoice.
The client agrees that it shall be responsible for the payment of all GST payable in relation to all Shoot the Moon Pty Ltd’s invoices given to the client.
Consequences for Failure to Pay
Shoot the Moon Pty Ltd reserves the right to not proceed with the provision of services if payment is not received from the client within the prescribed time.
Refunds for Over Payments
Any refunds for over payments will be processed within fourteen (14) days after the event takes place.
Damage to Shoot the Moon Pty Ltd Property
The client will be responsible for any damage sustained to Shoot the Moon Pty Ltd’s property and/or fittings during an event and will be charged for any repairs, labour or replacement, as deemed necessary by Shoot the Moon Pty Ltd.
Shoot the Moon Pty Ltd will not be responsible for loss or damage of any of the client’s goods prior to (includes delivery), during or after the event. It is the client’s responsibility to take out the necessary insurance.
The client agrees to indemnify Shoot the Moon Pty Ltd for any liability, claim or proceeding arising in respect of personal injury to or death of any person and any loss, damage or loss of use of property of any person directly relating to the client’s event or directly relating to a person attending the client’s event only if the client has been negligent or due to a wilful act or omission of the client.
Shoot the Moon Pty Ltd agrees to indemnify the client for any liability, claim or proceeding arising in respect of personal injury to or death of any person and any loss, damage or loss of use of property of any person directly relating to the client’s event or directly relating to a person attending the client’s event only if Shoot the Moon Pty Ltd has been negligent or due to a wilful act or omission of Shoot the Moon Pty Ltd.
If Shoot the Moon Pty Ltd is unable to conduct an event by virtue of any unforseen contingency or accident, Shoot the Moon Pty Ltd reserves the right to cancel their services at any time without Shoot the Moon Pty Ltd having any further liability to the client.
Shoot the Moon Pty Ltd will not be responsible for any costs or compensation due to changed circumstances affecting the venue or cancellation of bookings if circumstances are beyond Shoot the Moon Pty Ltd’s control, including but not limited to public events, natural disasters, acts of war, terrorist attacks, etc.
The client agrees Shoot the Moon Pty Ltd shall only be responsible for any costs or compensation directly caused by Shoot the Moon Pty Ltd’s actions, such costs or compensation are to be capped to a maximum of the amount paid by the client to Shoot the Moon Pty Ltd.
All cancellations must be notified to Shoot the Moon Pty Ltd in writing. If Shoot the Moon Pty Ltd receives notice of cancellation, the following Shoot the Moon cancellation fees apply;
• More than 30 days prior to the event – the cancellation fee will be equivalent to 50% of Shoot the Moon Pty Ltd’s total production/theming estimate.
• Within 30 days of the event – the cancellation fee will be equivalent to 100% of Shoot the Moon Pty Ltd’s total production/theming estimate
The above Shoot the Moon Pty Ltd cancellation fees exclude cancellation fees incurred from third party suppliers engaged as authorised by the Client.
The client is required to inform all relevant persons involved in the organising of the event, whether colleagues or contractors, of these terms and conditions.
Clients must not disclose or use any “Confidential Information” belonging to or concerning Shoot the Moon Pty Ltd which is acquired during their dealings with Shoot the Moon Pty Ltd.
“Confidential Information” means any of the following:
• Profit margins generally and in relation to specific jobs
• Trade secrets or work processes, products, services, methods, systems, business plans or marketing methods, strategies, costs or other confidential information, secret or proprietary information
• Tenders and tender information
Shoot the Moon Pty Ltd’s creative concepts and ideas, as expressed in tender documentation and proposals, are the property of Shoot the Moon Pty Ltd and are not to be reproduced elsewhere without permission of Shoot the Moon Pty Ltd.
Shoot the Moon Pty Ltd reserves the right to promote pre and post event its services for the event contracted in publishing a selection of photos taken at the event. Shoot the Moon Pty Ltd may use such photos on its corporate website, social media platform, eClips or other marketing medium.
Terms of Entry – Shoot the Moon Competitions
The following terms of entry apply to all competitions conducted by Shoot the Moon. By entering, entrants accept these terms. These terms may be amended or replaced from time to time; entrants should check Shoot the Moon’s website for the current version.
- Entry is open only to residents of the Australian state(s) where the competition is being conducted who comply with any entry restrictions as specified by Shoot the Moon. Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of Shoot the Moon are ineligible to enter.
- The competition will be conducted during the competition period specified by Shoot the Moon (Competition Period).
- To enter the competition, entrants must, during the Competition Period, follow the entry method specified by Shoot the Moon.
- Entries must be received by Shoot the Moon during the Competition Period. Entrants may submit up to the maximum number of entries specified by Shoot the Moon.
- Shoot the Moon accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. Shoot the Moon has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. Shoot the Moon is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries via email are deemed to be received at the time of receipt into Shoot the Moon’s database not at the time of transmission by the entrant.
- The competition will be drawn and/or decided at the time, on the date/s and at the location/s as specified by Shoot the Moon. The prize/s will be awarded to a valid entrant who is randomly drawn, in accordance with the details specified by Shoot the Moon regarding how the prize will be awarded.
- The prize is as specified by Shoot the Moon and the value will not exceed $4,800 (inc GST).
- The prize will be presented in the form of a voucher, valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers.
- Shoot the Moon will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by Shoot the Moon then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. Shoot the Moon accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, Shoot the Moon may substitute for that prize another item of equal or higher value as determined by Shoot the Moon, subject to the approval of the relevant authorities in Victoria.
- If due to any reason whatsoever Shoot the Moon becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if Shoot the Moon has announced them as a winner and that entrant will be required, at the direction of Shoot the Moon , to return, refund or otherwise make restitution of the prize.
- If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of Shoot the Moon, Shoot the Moon may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities in the relevant state, if required.
- Without limiting any other paragraph, Shoot the Moon may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities in the relevant state, if required.
- Shoot the Moon accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
- Each entrant must ensure that any other person whose details have been provided by the entrant to Shoot the Moon for the purposes of the entrant’s participation in this competition has given their implied or express consent for their details to be provided to Shoot the Moon and to be contacted by Shoot the Moon in relation to this competition.
- Unless the contrary intention appears, a reference in these terms or in any advertisement relating to this competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- Where the competition is communicated on Facebook, entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the competition release Facebook and its associated companies from all liability arising from the competition. Entrants provide their information to Shoot the Moon and not to Facebook.
- Shoot the Moon is Shoot the Moon Pty Ltd which is conducting this competition. The contact details and website of Shoot the Moon Pty Ltd is as followsShoot the Moon (ABN 39 101 092 773) 8 Union Street South Melbourne VIC 3205, www.shootthemoon.com.au