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KS Digital Media – Terms & Conditions

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1. Acceptance of Terms

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By booking any photography, videography, drone, or related media services with KS Digital Media ("the Company"), the client agrees to these Terms & Conditions.

 

 

2. Bookings & Scheduling

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• Bookings are confirmed only once accepted by KS Digital Media.

• Requested dates and times are subject to availability.

• Property access must be arranged by the client prior to the scheduled shoot.

• The property must be presented in a clean and photo-ready condition upon arrival.

 

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3. Cancellations & Rescheduling

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Client Cancellations

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More than 24 hours' notice: No cancellation fee.

 

Less than 24 hours' notice, same-day cancellations, where access to the property cannot be provided at the scheduled appointment time, or no-show appointments:

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• Bookings with a total value of less than $600 (+GST): A cancellation fee of $150 (+GST) will apply.

• Bookings with a total value of $600 (+GST) or greater: A cancellation fee equal to 50% of the total booking value will apply.​

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Rescheduling​

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• Rescheduling due to weather, property readiness, or access issues is subject to availability.

• KS Digital Media reserves the right to reschedule drone services where weather conditions are unsafe or unsuitable.

• Rescheduled appointments requested with less than 24 hours' notice may be treated as a cancellation and may incur the applicable cancellation fee outlined above.

 

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4. Property Readiness

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The client is responsible for ensuring the property is ready for photography and videography upon arrival.

This includes:

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• Cleaning and presentation of all areas.

• Removal of personal items where desired.

• Completion of maintenance or repair work.

• Ensuring all lights are functioning.

• Ensuring pets are secured and do not interfere with the shoot.

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If additional waiting time is required due to the property's condition, additional fees may apply.

 

 

5. Weather Conditions

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Certain services, particularly drone photography and videography, are dependent on suitable weather conditions.

KS Digital Media may:

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• Delay drone operations.

• Return on another day.

• Substitute aerial content where appropriate.

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No refunds will be provided where weather prevents safe drone operations.

 

 

6. Turnaround Times

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Standard delivery timeframes are estimates only and apply during normal business operating hours and days.

Typical turnaround times:

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• Property Photography & Aerial Imagery: Within 24 hours.

• Property Videography: Within 48 hours.

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Urgent delivery requests may incur additional fees.

 

KS Digital Media takes pride in delivering media promptly and will always endeavour to meet the estimated turnaround times listed above. However, unforeseen circumstances may occasionally arise, and clients acknowledge that additional time may be required for delivery. Every effort will be made to communicate any delays as soon as practicable.

 

 

7. Delivery & File Retention

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Delivered media will be made available to the client via the delivery method nominated by KS Digital Media.

 

Clients are responsible for downloading, saving, and backing up all delivered media upon receipt.

 

KS Digital Media will retain delivered media files for a minimum period of 90 days from the date of delivery. After this period, files may be archived or permanently deleted without notice.

 

While KS Digital Media may, at its discretion, assist with the retrieval or re-delivery of archived files, such files cannot be guaranteed to be available after the 90-day retention period and may be subject to an additional administration fee.

 

KS Digital Media accepts no responsibility for the loss of files after the expiration of the 90-day retention period.

 

 

8. Revisions & Editing

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• Delivered media includes professional editing at the discretion of KS Digital Media.

• One round of minor revisions may be included where applicable.

• Additional revisions, extensive editing requests, virtual staging changes, retouching, or content alterations may incur additional charges.

• Editing style remains at the creative discretion of KS Digital Media.

 

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9. Payment Terms

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• Payment is due within 14 days of invoice unless otherwise agreed in writing.

• Any invoice remaining unpaid for more than 30 days after the due date may incur a late payment fee of 10% of the outstanding balance per week until paid in full.

• KS Digital Media reserves the right to withhold delivery of media until payment is received in full.

• The client agrees to pay all costs associated with the recovery of outstanding debts, including debt collection agency fees, legal costs, court costs, and administrative expenses.

 

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10. Copyright & Usage Rights

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All photographs, videos, drone footage, and other media created by KS Digital Media remain the intellectual property of KS Digital Media unless otherwise agreed in writing.

 

Upon full payment:

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• The client is granted a non-exclusive, non-transferable licence to use the media for marketing and advertising the specific property for which the media was commissioned.

• Usage rights are limited to the promotion and sale or lease of that specific property.

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Media may not be:

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• Sold to third parties.

• Reused for another property or development.

• Altered significantly without written permission.

• Used for unrelated commercial purposes.

• Shared with builders, developers, trades, architects, interior designers, or other third parties for separate marketing purposes without written permission from KS Digital Media.

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Additional licensing fees may apply for commercial, editorial, builder, or developer usage.

 

 

11. Portfolio & Marketing Use

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KS Digital Media reserves the right to use any media created for:

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• Portfolio purposes.

• Website galleries.

• Social media marketing.

• Advertising and promotional materials.

• Industry awards and competitions.

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If a client requires media to remain confidential, this must be requested in writing prior to the shoot and agreed to by KS Digital Media.

 

 

12. Drone Services

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All drone operations are conducted in accordance with applicable Australian aviation regulations, CASA requirements, and safety obligations.

 

The client acknowledges that drone operations are subject to airspace restrictions, weather conditions, property-specific limitations, neighbouring properties, and other operational and regulatory requirements beyond the control of KS Digital Media.

 

KS Digital Media reserves the right to refuse, modify, delay, reschedule, or cancel drone operations where, in its sole opinion:

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• Weather conditions are unsuitable.

• Airspace restrictions apply.

• Safety concerns exist.

• Regulatory requirements prevent operation.

• The location is within a restricted or prohibited flight area.

• A third party raises a complaint or objection.

• Drone operations would otherwise be unsafe, unlawful, or non-compliant.

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The client is responsible for obtaining any permissions, approvals, or consents required from property owners, tenants, strata bodies, or other relevant parties where necessary.

 

KS Digital Media accepts no liability for delays, cancellations, incomplete aerial coverage, or the inability to obtain requested drone imagery due to regulatory restrictions, airspace limitations, neighbouring property concerns, weather conditions, safety considerations, access issues, or circumstances beyond its reasonable control.

 

Where drone operations cannot proceed, KS Digital Media may offer alternative imagery solutions where practical.

 

No liability is accepted for drone imagery that cannot be obtained due to circumstances beyond the control of KS Digital Media.

 

 

13. Travel Fees

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Travel within the Perth metropolitan area is included unless otherwise stated.

 

Properties located 25km or more from the Perth CBD may incur additional travel charges. Any applicable travel fees will be disclosed to the client prior to confirmation of the booking.

 

Travel fees may include compensation for:

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• Travel time.

• Vehicle operating costs.

• Accommodation expenses where required.

• Tolls, parking fees, and other reasonable travel-related expenses.

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Where a booking requires multiple visits due to circumstances outside the control of KS Digital Media, including but not limited to property access issues, client-requested rescheduling, or the property not being ready for photography or videography, additional travel fees may apply for subsequent visits.

 

Travel fees are non-refundable once travel has commenced.

 

 

14. Limitation of Liability

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While every effort is made to provide high-quality media and reliable service, KS Digital Media's liability is limited to the amount paid by the client for the affected service.

 

KS Digital Media shall not be liable for:

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• Indirect or consequential losses.

• Lost sales opportunities.

• Loss of profits or commissions.

• Delays caused by weather, traffic, property access issues, technical failures, internet outages, or circumstances beyond reasonable control.

 

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15. Force Majeure

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KS Digital Media shall not be liable for failure to perform services due to events beyond reasonable control, including but not limited to:

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• Severe weather.

• Natural disasters.

• Power outages.

• Government restrictions.

• Equipment failure.

• Illness or injury.

• Transport disruptions.

• Internet or software service outages.

 

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16. Editing, Sky Replacements & Image Enhancements

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KS Digital Media may apply professional editing techniques to delivered media, including but not limited to:

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• Sky replacements.

• Lawn and garden enhancements.

• Colour correction and colour grading.

• Exposure balancing.

• Window view enhancements.

• Object removal of minor temporary distractions.

• General image retouching.

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Such enhancements are intended to improve the presentation of the property while maintaining a reasonable and accurate representation of the property being marketed.

 

The style and extent of editing remain at the sole discretion of KS Digital Media unless otherwise agreed in writing.

 

Requests for additional editing beyond the standard editing process may incur additional fees.

 

Clients remain responsible for ensuring all marketing materials comply with applicable real estate advertising laws, regulations, and industry standards.

 

 

17. Property Access & Attendance

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The client is responsible for ensuring that access to the property can be provided at the scheduled appointment time.

 

If KS Digital Media is unable to gain access to the property because access cannot be provided at the scheduled appointment time, or if the property is not ready for photography or videography upon arrival, the applicable cancellation fee outlined in Section 3 may apply.

 

Additional fees may also be charged where a return visit is required.

 

Where a return visit is required due to the property not being ready, access not being available, or circumstances outside the control of KS Digital Media, additional travel and service fees may apply.

 

 

18. Authority to Engage Services

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The person placing the booking warrants that they are authorised to engage KS Digital Media on behalf of the property owner, agency, business, or entity requesting the services and accepts responsibility for payment of all associated fees and charges.

 

 

19. Agreement

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By booking services with KS Digital Media, the client acknowledges that they have read, understood, and agree to these Terms & Conditions.

 

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KS Digital Media

ABN: 46 821 061 575

Email: ksdigital.me@gmail.com

 

Version 1.0

Effective Date: 11/06/2026