VIDZILLA TERMS & CONDITIONS

Last updated: September 2025

 

This document sets out the terms and conditions governing the supply of services by Kofounder Australia Pty Ltd (ACN 669 398 421), trading as Vidzilla (“Vidzilla”, “we”, “our”, “us”) to you, the customer (“Client”, “you”, “your”).

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By engaging our services, accepting a proposal, paying an invoice, or using our website www.vidzilla.com.au, you agree to be bound by this Agreement.

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1. Services
 1.1 Vidzilla provides subscription-based and ad-hoc video production services, including testimonial videos, case studies, cutdowns, and related marketing content.
 1.2 Specific services, deliverables, and inclusions will be set out in the relevant proposal, package, or invoice.
 1.3 All timeframes for delivery are estimates only and may be affected by client response times, approvals, or unforeseen circumstances.

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2. Client Responsibilities
 2.1 You must provide accurate, complete, and timely information, approvals, and materials (logos, footage, brand assets, testimonials).
 2.2 You must nominate a single point of contact for all communications.
 2.3 Feedback must be provided within 2 business days. If not received, Vidzilla may proceed as planned to meet timelines.
 2.4 You warrant that all materials you provide (including images, logos, brand assets, or customer testimonials):
  2.4.1 Do not infringe any third-party rights (including IP, privacy, or moral rights).
  2.4.2 Have appropriate consents from individuals featured (including image and voice releases).
  2.4.3 Do not contain illegal, defamatory, obscene, discriminatory, or offensive content.
 2.5 You indemnify Vidzilla for any loss, claim, or liability arising from a breach of these warranties.

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3. Fees & Payments
 3.1 Fees will be outlined in your proposal, subscription package, or invoice.
 3.2 Subscriptions are billed monthly in advance. Ad-hoc projects may require upfront or milestone payments.
 3.3 Prices include GST unless otherwise stated.
 3.4 Payments must be made via Vidzilla’s nominated payment provider (e.g. Stripe, Xero).
 3.5 Late payments may result in suspension of services and interest at 10% p.a. until paid.
 3.6 Refunds:
  3.6.1 Deposits are non-refundable.
  3.6.2 No refunds for work already commenced or completed.
  3.6.3 Refund requests must be made in writing and will be assessed fairly, subject to Australian Consumer Law.

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4. Revisions & Editing
 4.1 Each deliverable includes one (1) round of revisions unless otherwise agreed.
 4.2 Additional revisions or changes outside scope are billed at $88/hour (inc. GST).
 4.3 Revisions must be requested within 7 business days of receiving the deliverable. After this, the deliverable will be deemed accepted.
 

5. Cancellations & Pauses
 5.1 Subscription clients may cancel or pause with 14 days’ written notice.
 5.2 Work already paid for will be completed, but no refunds or credits apply for unused subscription time.
 5.3 For project-based work:
  5.3.1 Cancellations made more than 14 days before filming incur only third-party costs (e.g. venue, talent, travel).
  5.3.2 Cancellations 7–14 days before filming: 50% of project fee payable.
  5.3.3 Cancellations less than 7 days before filming: 100% of filming fee payable.
 

6. Intellectual Property
 6.1 Upon full payment, you are granted a perpetual, royalty-free licence to use the video content produced for your business.
 6.2 Vidzilla retains ownership of its production templates, processes, and know-how.
 6.3 Vidzilla reserves the right to showcase work produced for you (including videos, stills, and project descriptions) in its portfolio, website, and marketing, unless otherwise agreed in writing.
 6.4 You agree to secure all necessary talent and location releases for content you request Vidzilla to produce.
 

7. Privacy & Data
 7.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
 7.2 By engaging Vidzilla, you consent to us storing and processing data using third-party providers (e.g. cloud hosting, payment processors) which may be located overseas.
 7.3 You must ensure any personal information you provide to us (including customer testimonials) complies with the Privacy Act and that required consents have been obtained.
 

8. Warranties & Disclaimers
 8.1 Vidzilla does not guarantee specific results such as sales, revenue, or leads.
 8.2 Services are provided “as-is” and “as-available”.
 8.3 To the extent permitted by law, Vidzilla disclaims all warranties except those expressly required by the Australian Consumer Law.
 

9. Limitation of Liability
 9.1 To the maximum extent permitted by law:
  9.1.1 Vidzilla’s total liability is limited to the fees paid by you in the 3 months preceding the claim.
  9.1.2 Vidzilla is not liable for indirect, incidental, or consequential loss (including lost profits, data, or business).
  9.1.3 Vidzilla is not responsible for delays caused by factors outside our control.
 9.2 Nothing in these Terms excludes your rights under the Australian Consumer Law, which cannot be excluded or limited.
 

10. Termination
 10.1 Either party may terminate this Agreement with 14 days’ written notice.
 10.2 Vidzilla may terminate immediately if you breach these Terms, fail to pay fees, or become insolvent.
 10.3 On termination, all outstanding fees become immediately payable.
 

11. Confidentiality
 11.1 Each party agrees to keep the other’s confidential information secure and not disclose it except where required by law.
 11.2 This obligation survives termination.
 

12. Governing Law & Dispute Resolution
 12.1 This Agreement is governed by the laws of Western Australia, Australia.
 12.2 Before commencing legal action, parties must attempt good-faith resolution.
 12.3 If unresolved, disputes will be referred to mediation in Perth, WA, with costs shared equally.
 12.4 The parties submit to the exclusive jurisdiction of the courts of Western Australia.
 

13. General
 13.1 If any provision is found unenforceable, the remaining terms remain in effect.
 13.2 We may update these Terms from time to time. The latest version will be published on our website.
 13.3 Your continued use of our services constitutes acceptance of any updated Terms.
 

14. Contact
 14.1 For questions about these Terms, contact us at: 📧 jake@vidzilla.com.au

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© 2025 Kofounder Australia Pty Ltd (trading as Vidzilla). All rights reserved.