Site and Service Terms

About our Agreement with you

1. Background details

We are looking forward to working with you!

We are Podcast Services Australia, and we deliver creative podcast development and training for government, corporates, and organisations through our various Services. 

This document sets out how we deliver Services to you (Terms). 

• PSA, we, or us means Podcast Services Australia Pty Ltd ABN 18 629 956 341
• You, or your means the people or businesses who buy Services from us, as set out in an agreed Project Scope (Clients) and also includes Visitors to our Site.

2. These Terms are our house rules

These Terms are our ‘house rules’ and they apply when you buy our Services or visit our Site.

• These Terms apply to everyone who uses our Site or buys our Services, so we’ve tried to make them easy to understand and fair. 
• If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites and Services.

3. The different parts of our Agreement with you

Our agreement with you is made up of different parts

• our Project Scope (or other service specific terms set out in our Site or agreed in a writing)
• these Terms, and
• our Privacy Policy and other policies available from our Site. 

Together, these make up our agreement with you about how we will work together (Agreement). 

• If the different parts of this Agreement conflict with each other, the document listed higher in the above list takes priority to the extent of any inconsistency. 
• By visiting our Sites, you agree to these Terms, as well as our Privacy Policy.

What’s included with our Services?

We use reasonable care and skill to provide our Site and deliver you the Services outlined in the agreed Project Scope. 

Buying services and products

4. Buying from us

• When you buy products or services from us, other specific terms may apply as well as these Terms.

For example, product or package specific terms such as how long training sessions will go for, how many podcast episodes we will edit for you, and how long we rent our equipment to you.

• Generally, other specific terms will be set out in a written Project Scope we agree with you, or detailed on our Site.

5. Paying for products and Services

Upfront payment for products and Services

• For most Services you buy from us, you pay for them upfront. 

• We may give options to pay for Services by installments, we agree this with you in your Project Scope.
• We send you invoices which you must pay by the due date.
• We may also pass on some other expenses to you, which we will invoice you for. We’ll let you know what the expenses will be before we incur them.

For example, reasonable travel expenses if we agree to deliver in person training and courier costs for shipping equipment to you and your podcast guests.

• The payment method you choose might have extra conditions from the relevant payment processor (or by your bank, e.g. currency conversions). 
• We won’t start working on your Project until you pay (and may stop working if you haven’t paid).

6. Prices

• Prices we display on our Sites or in a Proposal are in AUD (Australian currency) and exclude GST, unless we clearly say otherwise. 
• We might update our prices from time to time. 

7. Services selected

We deliver you the Services you selected and agreed in our Project Scope with you.

8. Podcast Categories

• Podcasts come in all shapes, sizes, and sounds! 
• To make sure we’re speaking the same podcast language, help you manage your budget, and ensure you get the finished product to suit your strategy, we have the following categories of podcast styles for each of our Service packages.

• Depending on the Podcast Category selected, and the type of licensed material required (such as theme music or archival material), other Fees may apply. Fees for licensed material are charged separately to our Service Fees.

Managing your Project

9. Editing and files

Audio files and editing

• Where you record your audio can have a huge affect on quality. Please follow our instructions and ask us if you aren’t sure.
• You’ll also have access to raw audio files as well as finished episodes. It is your responsibility to store these after our Project with you is complete.

10. Storing audio and graphics

We try to keep storage to a minimum

If we kept all the raw audio, podcast episodes, and graphics we’d ever made, we’d need a much bigger office!

• After we deliver Content Deliverables to you, you are responsible for making sure you download, back up, and otherwise keep them safe and secure. We may store Content Deliverables after we have delivered them, but we may also delete them.
• You can request access to the Content Deliverables in future, but we might not have them available.
• If we do still have the files, we may charge you a fee to retrieve and send the images to you.
• If you buy a storage or Hosting Services from us, we will store and host in line with those agreed terms with you

11. Teamwork makes the dream work

We have a great team behind us

• We delegate some of our Services to our team and contractors (some of whom are overseas).
• If illness or other circumstances beyond our control stop us from being able to attend your Session or deliver parts of your Project, we will make a good faith attempt to either:
  • Reschedule your Session for a different, mutually agreed time, or
  • Swap in another awesome qualified team member or contractor. 

12. Timing

Timing is… everything. Here are some key timeframes to keep in mind when you work with us:

• Strategy: 4 - 6 weeks (from our initial meeting to a developed strategy).
• Editing (Category 1 & 2): Up to 2 working days for us to do one round of edits.
• Editing (Category 3 & 4): Up to 5 working days for us to do one round of edits.
• Review: Up to 90 mins for you to listen and review each episode. 
• Transcripts: Up to 3 working days after episode approved for us to create each transcript.
• Live: Up to 21 working days after podcast submitted to directories (iTunes, Spotify, etc) for it to go live.
• Changes: Up to 7 working days for changes to public details (such as title and episode info) to go live.

13. We support you with your podcast

This is your podcast, we’re here to help, however you are ultimately responsible for your content, hosts, guest, and advertisers. This means that:

• You are responsible for getting all appropriate consents and releases from all podcast hosts and guests.
• You are responsible for all content and behaviour of guests and hosts, including bad behaviour or content that infringes on any person’s intellectual property rights.

Changes policy

14. Changes to Sessions and Projects

Can you cancel or re-schedule?

We know sometimes things happen which mean you might need to reschedule a Session or a Project. 

• If you need to change a Session or Project timeframe, please let us know as soon as you can. This allows us to offer time to other clients and reschedule your Project. 
• If you arrive late, your Session will still end at the scheduled time.

Sessions - Change Notice: We need at least 24 hours’ notice via email to reschedule Sessions.

• If you reschedule Sessions with us, this may result in delays to your Project. Please see the Delays section.
• We may not be able to reschedule a Session (and you are not entitled to a refund) if you do not attend a Session without giving us the required Change Notice.

Project - Change Notice: We need at least 30 days’ notice via email to reschedule or extend a Project.

• If you need to extend or reschedule a Project during the Project Period, you’ll need to ask us in writing.
• Depending on the changes to the Project and delay between the original Project Period and the rescheduled or extended Project Period, we may need to update the Fees and will let you know of any other changes needed.

Project – Cancellation: We may charge a reasonable cancellation fee if you cancel a Project during a Project Period.

• This Fee will reflect our administrative costs as well as loss we incurred from blocking out our calendar for you, turning away other clients, and the Services and Content we provided to you.

15. Re-scheduling and extending Projects

What happens if you need to re-schedule or extend a Project?

• If you need to change a Project during a Project Period (or if we end a Project because of your actions), because we block out our time to help you with your Project, you’re generally not entitled to a refund, depending on the stage of the Project, Services selected, work we have already completed, and access we’ve given you to our Content.

Project – Rescheduling:

• We may charge Rescheduling Fee of 20% of the Services Fees to reschedule your Project.
• If we are able to reschedule your Project, we will credit your deposit and other Fees paid towards your rescheduled Project (less any Services already delivered).

Project – Extension:

• If there is a delay to your Project and you need to extend beyond the initial Project Period we agreed with you, we may charge additional Fees, such as a monthly Support Fee and Extension Fee, in order to support your Project.
• Fees may vary depending on the length of the extension needed, our availability, and the level of support required. Contact us so we can discuss your circumstances. 
• All rescheduling and extensions are subject to our availability.
• Because our calendar books up well in advance, our availability for completing delayed Projects may be limited.

16. Delays, ghosting, and Paused Projects 

What happens if you fail to give instructions?

• We are working together with you on your Project and so sometimes there are actions you need to take or information you need to give us.

Ghosting policy

If you ghost us, don’t complete an action or don’t give information within the required timeframe, or if you cancel or postpone Sessions, then we may need to pause the Project. 

• Ghosting means we don’t hear from you for 14 days after we make reasonable attempts to communicate with you. 

If during the Project Period, we don’t hear from you for 14 days:

• If you or your guests have our Equipment, we may charge you a weekly hire Fee until the Equipment is returned undamaged.
• We may suspend your Project so we are no longer actively supporting or contacting you – we call this a Paused Project,
• The end date for the Project Period is likely to be delayed.

Paused Projects

If your Project becomes a Paused Project for 4 months, and we still haven’t heard from you about extending or rescheduling your Paused Project:

• We consider you have decided to end the Project and our Agreement with you, and
• We will deliver any current materials we have completed for your Project so far,
• We will send you an invoice for any outstanding Fees as well as invoice you for any Equipment that has not been returned.

17. Delays

Things outside our reasonable control

• Neither you nor we are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control, other than the payment of money. 

How to manage Service delays and problems:

If a delay happens, we both agree to do our best to find alternative times to suit both of us for completing the Project. 

• Where delays are caused primarily by you, our availability for completing delayed Projects may be limited because we have bookings for our other clients well in advance.
• See also, the Changes to Sessions and Projects section of these Terms.

If we become aware of anything likely to result in a material delay in or failure to perform any Services, we will let you know promptly and include details of:

• The nature and cause of the delay or problem;
• The steps being taken to minimise the impact of the delay or problem; and
• Whether or not the problem is caused by something outside our reasonable control.

After sending that notice, we will:

• Keep you informed of how we plan to work around the problem;
• Give you regular updates, at least weekly, on progress; and
• Comply with reasonable requests from you to prevent or minimise impacts of the delay or failure to deliver Services.

Equipment

18. Timeframes for deliveries

We cannot guarantee delivery dates

• After you buy or hire equipment, we may give you an estimated date range for delivery. Delivery factors are outside our reasonable control and so, delivery timeframes are always an estimate. 

Please check details are correct

• You are responsible for promptly giving us correct delivery details and other address information. If you delay in giving us the postal address and / or we follow your instructions and you have given us an incorrect address, we are not responsible for any delays, address errors or re-direct costs.

If you cause a delivery delay, we may charge you extra

• In some circumstances, we may charge you a re-delivery fee if extra delivery Services are required, including:

• You gave us an incorrect or incomplete address and we have to re-deliver an item
• If our delivery partners cannot leave your equipment in a secure place and you are not available to accept products when delivered

We recommend arranging delivery to a commercial address where a person will be present during normal business hours.

19. Using the Equipment

• You are responsible for any damage to or loss of Equipment for all hosts and guests. This includes appropriate use and secure storage of Equipment and promptly returning Equipment when required.
• We include instructions when we send Equipment to you, which all hosts and guests must follow.

20. Equipment delivery 

Please make sure you follow our instructions for safely unpacking, using, and returning the Equipment.

You must promptly return Equipment

• You and your guests must promptly return Equipment when:

• the Equipment Hire Period is over, 
• the Project Period ends, or 
• we otherwise instruct you or your guests to return Equipment. 

For example, after one of your guests has finished recording a podcast segment, we may instruct them to confirm a courier time to return a Podcast Kit so that we can give your next guest access to Equipment. 

If your guest fails to respond to our requests, we may charge you a weekly Podcast Kit hire rate for the unreturned Equipment  and a further Podcast Kit hire rate so we can send Equipment to your other guests and keep your Project on track.

When you return equipment to us, you must:

• follow the instruction card included in the Podcast Kit
• ensure the Podcast Kit is securely packaged 

Using Content and Intellectual Property

21. We both respect each others’ information

Protecting personal information

We handle information you give us in line with our Privacy Policy, available at our Site. 

• When you buy our products and Services, you consent to our collection and use of your information in line with these Terms and our other policies, including for marketing purposes (which you can opt out of at any time).

Protecting Confidential Information 

We both agree Confidential Information is commercially sensitive and valuable, so that unauthorised disclosure or use of the other’s Confidential Information could cause significant damage.

• Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of buying, supplying, or marketing our Services). 
• Neither of us can use or disclose the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.

22. Ownership of Intellectual Property (IP)

When we create content specifically for you 

• After you pay us in full, you own all Intellectual Property rights in content we help edit and create for you, as specified in our Project Scope with you.
• We retain ownership of all rights in that content until you pay our Fees in full.
• On full payment, we transfer ownership in the created content deliverables to you.

For example, if we collaborate with you to develop a new podcast and marketing strategy, you own all the strategy content (after you pay us!) and we retain ownership in the frameworks used to develop the strategy.

IP rights in podcast episodes

• Depending on the Services agreed in your Project Scope, we may facilitate access to some licensed material (such as licensed music for podcast intros and outros).
• You may be required to agree to the terms of this license separately. It is your responsibility to comply with the terms of the licence, as well as any other relevant IP rights that apply to the content you record.

23. Our Content

We own or licence all rights (including intellectual property rights) in our Site and all Content. 

Content means all tools we create, develop, or use to supply products and services which might include access to written information, video, audio, digital products, workshops, strategy plans, content on our Site, and / or webinars.

As part of the Services we supply, we may include access to some of our own Content. 

• We own all Intellectual Property rights in our Content. 
• We don’t guarantee a specific type of Content will be available for a set length of time and some Content is only available on a limited or single-use basis. 

Your obligations when using our Content

• Accessing our Site or Content does not grant or transfer you any rights in our Site or Content. 
• Buying our paid Content give you a limited licence to use that Content for your own personal use.
• As long as you give us credit by linking back to us and our Site, you can quote us & re-post up to 100 words on another site.
• However, unless you get our written permission first, you are not allowed to:

• Sell or re-use Content for commercial purposes;
• Re-post our Content in full elsewhere; or
• Change, edit, copy, or use, in whole or in part, any Content (unless we supplied it to you for that purpose); 
• Breach IP rights connected with our Site or Content, including changing our Content, causing a Resource to be added to another website or creating derivative works from our Content.

Using our Content as part of our Services

• We grant you a limited license to make use of our Intellectual Property within our Content to the extent needed for you to use a Service you buy from us.
• Unless we give you permission in our agreed Project Scope, you must not copy or create derivative, imitative works of our Content or sell or claim ownership to our Content
• In addition to being annoyed with you, if you misuse our content, we may take action to protect our rights without further notice to you.

If you have questions or want permission to use Content, let’s discuss!

Testimonials and feedback you give us

• If you give feedback in a public forum, you give us permission to use that content and related personal information publicly.

For example, we may take a screenshot of a positive Google review or Instagram story and use that to promote PSA.

• If you send private feedback, you give us permission to use that content anonymously on our Sites. We won’t attach private feedback to you by name without getting your permission first. 
• If you give permission and later change your mind, let us know and we’ll make reasonable efforts to remove it.

Results and expectations

24. Results from our Services 

Your results depend on many different factors

We cannot guarantee particular business outcomes for buying our Services. Business outcomes depend on many different factors including:

• strategic needs of your organisation, 
• current awareness and reputation of your organisation and the industry you work in,
• your teams’ skills in marketing implementation (in-house or using external parties), market factors,
• your ability and willingness to follow and implement our recommendations,
• resources, systems, and team members you have available to create assets and implement recommendations,
• accuracy and completeness of information you provide us, and other factors.

25. We use reasonable care + skill

We use reasonable care and skill to deliver Services to you, however you agree that:

• We cannot promise our Services or Content will be continuously available or fault free.
• If things outside our reasonable control impact on our ability to supply the Service, you agree we are not responsible for impacts on you as a result.
• Services and related content are provided in good faith, based on information you provide us, and you are responsible for your use of our Services.

For example, if your team don’t complete tasks assigned on time or misinterpret our advice so you need to re-record or further review a podcast episode and your Project is delayed, we’re not responsible for that outcome.

• You understand that changes in your strategic priorities, trends, developments in your chosen market and other factors might mean our advice is no longer accurate or as impactful as intended, despite our best efforts.

Resolving issues

26. Let’s talk to resolve your issue

We always want happy Clients and Visitors, so if you have questions, let us know, we’re here to help!

• If you are a consumer, you have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees.

27. Termination + suspension

We might suspend or end this Agreement

We try to discuss and resolve issues with you first, but may suspend or terminate a Service at once if:

• You do not pay us undisputed Fees after we have given you reasonable notice to pay; or
• You’re in breach of this Agreement and either you can’t fix that breach, or you don’t fix the breach after we give you a reasonable time to fix the breach; or
• You fail to give us instructions or complete your obligations within a reasonable time; or
• We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour is likely to damage our reputation. 

When can we suspend or end this Agreement?

• Either Client or Podcast Services Australia can end this Agreement on 30 days written notice to the other. 
• Cancellation charges may apply if you end the Agreement during a Project Period.

28. Actions after termination or suspension

If we end or suspend a Project Scope because of your behaviour or breach of the Terms:

• You must pay for Services received up until the Agreement ends.
• We may decide to refund a portion of Fees already paid, less reasonable costs we incurred for Services delivered and / or administrative costs; and
• You are no longer allowed to use our Content included with our Services.

29. Paying for losses and limiting liability

If you cause us loss, you’ll need to compensate us 

• You must pay us for any loss you cause us that arises from your use of the Site, our Services, or your breach of these Terms (such as misusing our Content).
• To the extent allowed by law, you must pay for costs we incur caused or contributed to by:

• inaccurate or misleading info you give us, 
• your breach of these Terms or our other policies,
• your breach of any applicable laws or regulations, or 
• your use or misuse of Services or our Content.  

For example, if you damage our Equipment, or misuse our Content by re-selling or claiming it as yours and we suffer loss, you must pay us for that loss.

Limiting our liability to you

Nothing in these Terms restricts consumer laws that may apply to your purchase of our products and services. 

• To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
• Unless we directly cause your loss through negligence or wilful misconduct, we are not responsible for loss from you using our Site, products, or services (or inability to use).
• Where we can’t exclude liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of paying someone to re-supply the relevant Services to you.

Using our Site

30. Use our Site in line with these Terms

Our Site has materials, information, and Content which we spent time and energy crafting. 

We are happy for you to access our Site and use our Content but only if you use them in line with these Terms.

• We grant you a limited licence to use our Site and Content as set out in these Terms. 
• Any other uses of our Content are not allowed unless we first give you permission in writing.
• See our Intellectual Property section for more details.

Security

• We have systems and processes in place to store and manage information, but in general the internet and our Sites may not be 100% secure. 
• Our Sites are not intended for children under the age of 13. 

Competitors, thanks for stopping by, but our Content and Site isn’t for you

• You must not use our Site and Content in a way that competes with our business or breaches our IP rights.
• If you want to collaborate or license our Content for your own use, then let's have a chat!

We don’t tolerate bad behaviour on our Sites

• When you use our Site and Content, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.
• You must not modify our Site, or knowingly send viruses or other disabling features that may damage or interfere with our Site.
• Engaging in this kind of bad behaviour may result in us reporting you to relevant authorities and/or removing your access to our Site and Content without notice.

Affiliate links 

We have partnerships with some third parties who offer products and services we love. Some of the links on our Site are affiliate links. This means we may earn a small commission if you purchase after clicking on these links. We’ll disclose when something is an affiliate link or paid partnership, so that you can make an informed decision about your purchase.

Closing down our Site or excluding you from our Site

We may, at any time and without notice to you, close our Site or parts of it.

• We can exclude anyone from our Site. This will generally be because they engaged in the bad behaviour mentioned above. In other situations, we’ll try to give you reasonable notice of changes to your Site access.
• We’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Site or close down the Site.

Accessing the Site 

We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk (take care out there please!). 

General details

31. General agreement details

Changes to a Project Scope

• If we have an agreed Project Scope with you, changes to the Services and deliverables must be agreed by both of us in writing.

Changes to these Site and Service Terms

• We can change these Terms from time to time, so check over them when you visit or buy from us to make sure you’re still ok with them.
• We do not promise to keep our Site updated, so we are not responsible if our Content or info are inaccurate or out-of-date.

Changes to our products and Services

From time to time, we update pricing or descriptions of products and services on our Site.

• We might need to refund or cancel your online orders if our Site information or products and services are incorrect. 
• We try to do this within a reasonable time of realising the error.

Other details

• Passwords: If we give you a username and / or password to access Site features or Content, you must keep those details confidential. You are responsible for any unauthorised us or misuse of your passwords and resulting use of the Site and Content.
• No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
• Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
• Governing law: The laws of Victoria, Australia govern these Terms.
• Accessing the Site: We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk. 

If you have any questions about working with us or using our Content, please contact us.

32. Dictionary

Capitalised words have the following meanings

If you have any questions about these Terms or our other policies, please contact us, we are here to help.

Last updated: June 2022