Version 2 | 15 October 2026 | Proposed terms for review
This agreement describes the service V1 Party Radio will provide for the event identified in the Booking Schedule, the preparation each party will complete, and the arrangements if plans change or something goes wrong. The completed Booking Schedule and any expressly agreed written variations form part of this agreement.
Nothing in this agreement excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law. Those rights take priority over any inconsistent clause, cancellation schedule, refund formula or liability provision.
Booking Schedule
Complete this schedule before the client accepts the booking. Unselected optional services are not included. Record all amounts in Australian dollars and all deadlines as a date, time and time zone.
Provider legal name and trading name: John Fucci, sole trader, trading as V1 Party Radio.
ABN and registration status: [confirm current details in the accepted quote]. Business address for notices: [insert]. Provider email: [email protected].
Client full name or legal entity: [insert]. Authorised booking contact: [insert].
Client email and telephone: [insert]. Billing details: [insert].
Event name and occasion: [insert]. Event location and country: [insert].
Applicable Australian State or Territory: [insert after confirming business location and relevant law].
Event date: [insert]. Local time zone: [insert, including daylight saving].
Booked playback start and finish: [insert]. Total playback hours: [insert].
Package: [Starter / Party / Big Night]. Package price: $[insert].
Additional hours and other agreed extras: [describe and price individually].
Family and friend greetings: [not selected / selected at the price in the accepted quote].
Sound effects: [dry voice included / selected at the rate and message count in the accepted quote].
Announcer choice and number of different prepared messages: [insert].
Guest requests: [enabled / disabled]. Printable QR design: [required / not required].
Music brief, explicit-content preference and any essential requirements: [insert or identify attached approved brief].
Greeting collection deadline and approved submission method: [insert].
Client brief due: [insert]. Provider preview due: [insert]. Revision response due: [insert]. Final content cutoff: [insert].
Connection check appointment and approved playback device: [insert].
Onsite playback contact and number: [insert]. Event support method and any expressly booked support window: [insert].
Backup arrangements and responsibilities: [insert; no offline music download is included unless separately agreed and legally available].
Total booking price and GST treatment: [as stated in the accepted quote]. Full payment upfront: [total quoted amount], due [insert].
Any separately purchased deliverables and agreed value allocation: [insert]. Any special variations: [insert or none].
Provider confirmation date: [insert]. Agreement version supplied to client: [insert].
Client acceptance name, signature or recorded electronic acceptance, and date: [insert]. Provider acceptance name and date: [insert].
1 Parties and key definitions
1.1 The Provider is the legal business identified in the Booking Schedule. The Client is the person or entity purchasing the service, not every guest who uses an event link. The Client must be at least 18 or have an adult contract with the Provider on their behalf. A corporate client must use an authorised representative.
1.2 The Event is the particular celebration, date and location in the Booking Schedule. The Service is the agreed preparation and delivery of a customised event music stream, event listening page and specified personalisation. It is a prepared service delivered remotely, not an onsite live DJ or MC service.
1.3 Booked Playback Time is the agreed start-to-finish service window. A Message is a different prepared announcement or greeting. Replaying a message is not a new message. A Revision has the specific meaning in clause 7. A Business Day is Monday to Friday, excluding public holidays at the Provider's business location. Calendar days include weekends and holidays.
1.4 Written means email or another communication method expressly recorded in the Booking Schedule that preserves a readable record. Unless a different event time zone is specified, preparation deadlines use Melbourne time. The event itself uses the expressly recorded local time zone. Neither party should rely on an ambiguous abbreviation such as CST.
2 Enquiry and formation of a booking
2.1 An enquiry, package selection, demonstration, date discussion or submission of the website form does not reserve a date or create an obligation to buy. The Provider will assess availability, the music and technical requirements, the event location and whether the proposed service is suitable.
2.2 A booking is formed when the Provider has supplied the completed Booking Schedule and these terms, the Client has accepted them in writing, the booking payment has been received, and the Provider has issued written confirmation. The Provider must not take a non-refundable payment while leaving acceptance or feasibility unresolved. If payment is taken but the Provider declines the booking, it will be refunded in full.
2.3 Quotes are valid for 14 calendar days unless they state another period. Availability is not guaranteed until confirmation. Acceptance must identify any changes requested by the Client; silence is not acceptance of a change. A materially different event or requirement must be assessed before confirmation.
2.4 Before confirming, the Provider must establish that the proposed streaming, music-use and event arrangements can lawfully be supplied. It must not rely on the Client to obtain permissions that belong to the Provider's own service. If feasibility or rights cannot be confirmed, the Provider will not accept the booking; any money already received will be refunded.
2.5 Once booked, the price and agreed scope are fixed subject to changes accepted by both parties. A later website price, package description or new version of these terms does not automatically change an existing booking. Order of priority is: mandatory law; expressly agreed written variations; the completed Booking Schedule; these terms. Advertising representations and consumer rights are not displaced by this order.
3 Package inclusions
3.1 Starter includes two hours of booked playback, one different personalised announcer message, a playlist prepared to the agreed music brief and exclusions, and corrections to names or agreed wording. It does not include a creative playlist revision or the family and friend greeting collection service unless specifically varied in the Booking Schedule.
3.2 Party includes four hours of booked playback, three different personalised announcer messages, a playlist tailored around the agreed favourites and must-play preferences, and one consolidated playlist and announcement wording revision within the original brief. Family and friend greetings may be selected as an additional service.
3.3 Big Night includes six hours of booked playback, five different personalised announcer messages, preparation of agreed arrival, warm-up and dance-floor stages, and one consolidated playlist and announcement wording revision within the original brief. Family and friend greetings may be selected as an additional service; they are not automatically included solely because Big Night is selected.
3.4 Every package includes a private event listening page or agreed access link, a choice from the available announcers, setup instructions and one pre-event connection check. Optional guest requests and a printable QR design are included at no additional charge when selected. The Client chooses whether requests are enabled. An event link is an invitation link, not a promise of password protection or exclusive access unless that security arrangement is expressly included.
3.5 Package prices, selected extras, sound-effects rates, additional hours and any introductory offer are as stated in the accepted quote. No fixed price in an older example or document overrides that quote. Sound effects are optional; the quote must identify the rate per included announcer message, number of messages and total additional charge. No unspecified hourly rate applies.
3.6 The number of announcer messages describes different prepared messages, not the total number of times they play. The parties will agree repetition frequency and placement. More frequent messaging reduces music time. A package does not promise a fixed number of songs, guest requests, greetings played or people dancing.
4 Services and items not included
4.1 Unless expressly included in a written quote, the Service does not include an onsite DJ, live mixing or reading the room, an MC, live speech production, onsite installation, speakers, microphones, a mixer, cables, adapters, a playback device, power, venue Wi-Fi, mobile data, a sound technician or physical QR printing and distribution.
4.2 It does not include continuous personal monitoring, a dedicated event operator, guaranteed immediate phone support, 24-hour on-call coverage, real-time editing, accepting new recorded greetings during the Event, exact second-by-second musical cues, a downloadable music collection, an offline music copy, or a public broadcast of the Event on V1 RADIO.
4.3 Any support window, response target, installation service or exceptional cue requirement must be described and priced before acceptance. The Provider must not imply that an unstaffed stream includes live support. Even where limited support is included, live mixing and MC duties remain excluded unless expressly added.
4.4 Weddings, ceremonies, entrances, speeches and first dances may require precise cues. A buffered internet stream may be unsuitable for those purposes. The Client must disclose these requirements before booking. The Provider must advise candidly on suitability and must not accept a required result it cannot reasonably deliver. A separate onsite cue arrangement may be needed.
5 Prices and payment
5.1 The Booking Schedule must show the total price, inclusions, additional hours, optional services and the correct GST treatment before acceptance. No additional service, revision fee, date-change fee or rush fee may be charged without the Client first accepting the price and scope in writing. No automatic renewal or ongoing streaming subscription is included.
5.2 The total accepted booking price is payable in full upfront to secure the booking, together with the written acceptance and confirmation requirements in clause 2. There is no standard deposit or later balance instalment. Full payment is not automatically non-refundable: cancellation, service-failure and statutory remedies in this agreement still apply. The Provider will issue a receipt and an appropriate invoice with the correct GST treatment.
5.3 If payment is late, the Provider will send a written reminder stating the overdue amount and give at least two Business Days to pay, or a reasonable shorter period where the Event is imminent. It will explain any risk to delivery. Suspension or cancellation must be proportionate and must not occur for an amount genuinely disputed in good faith without first attempting resolution. Any undisputed amount remains payable.
5.4 If the Provider cancels for a material payment default after notice and a reasonable opportunity to cure it, clause 12 applies to the resulting loss, subject to law. No punitive late fee, compound interest or automatic collection fee applies. Reasonable recovery costs may be sought only where legally recoverable and properly substantiated.
5.5 An event starting late because the Client or venue is not ready does not automatically extend Booked Playback Time. The parties may agree an extension where available, with the price confirmed first. Time lost because of a Provider failure is dealt with under clause 15 and is not treated as a paid Client extension.
6 Preparation timetable and content cutoff
6.1 The standard timetable below applies unless different dates are recorded in the Booking Schedule. The Provider will give the Client a dated checklist and will identify dependencies. A short-notice booking must use an expressly agreed compressed timetable, not deadlines that have already expired.
6.2 At least 14 calendar days before the Event: the Client supplies the music brief, event stages, announcer choice, names and pronunciation guidance, initial announcement wording, content preferences, essential song requests, onsite contact and intended equipment. If greetings are selected, the organiser shares the collection link and an earlier contributor deadline promptly.
6.3 At least ten calendar days before the Event: the Provider supplies the playlist outline, announcement wording or preview, and any material song availability issues. The Client receives a practical opportunity to review the work before the final cutoff. The Provider must not consume the Client's revision allowance by delivering a preview too late.
6.4 At least seven calendar days before the Event: the Client returns one consolidated set of included revisions, confirms the must-play and do-not-play lists. A contributor deadline of seven days is recommended so the organiser can check submissions before final production.
6.5 Five calendar days before the Event is the final content cutoff. All approved scripts, names, pronunciations, guest recordings and playlist changes must be received by 5 pm Melbourne time unless a different timestamp is recorded. The Provider then prepares and loads the final event materials. A final approval request should clearly identify what the Client is approving.
6.6 The connection check should occur between five and two calendar days before the Event using the intended device, speakers and internet connection where practical. The Provider supplies the final listening link, request access where selected, setup instructions and agreed support details no later than two calendar days before the Event.
6.7 The onsite contact should connect and test the system at least 30 minutes before booked playback begins. A readiness check is not permission to begin the paid event soundtrack early unless agreed. A short authorised test stream may be supplied separately.
6.8 The Client must approve event-specific names, factual details and personal wording. Approval does not waive rights relating to Provider errors or other service faults. If a response is late, the Provider will send a reminder, explain the consequence and ask how to proceed. It may use the last expressly approved material for the affected element; it may not invent consent or treat silence as approval of new personal content.
6.9 Late material may be accepted if practical, with any cost and effect agreed first. It is not guaranteed. Where late material cannot be included, the Provider will explain this promptly and deliver the unaffected agreed service. A Client-caused missed deadline does not automatically entitle them to a whole-booking refund; any unused separately priced work and actual loss will be assessed fairly. If the Provider misses a deadline, it must offer a reasonable corrective plan at no extra charge and preserve the Client's remedies.
7 Revisions and changes to the brief
7.1 One consolidated Revision is one written set of changes submitted together in response to a Provider preview, within the original event brief. It may include a reasonable group of song swaps, adjustments to the agreed music balance, ordering of event stages, and edits to the wording of the included announcer messages. It does not mean one change to only one song.
7.2 Party and Big Night include one such Revision before the cutoff. Starter includes corrections to supplied names and agreed wording, but no creative playlist revision. All packages include correction of Provider mistakes, including a wrong name, inaccurate transcription, omitted agreed exclusion or production fault. Provider corrections do not use up a Revision and do not attract a fee.
7.3 A new event theme, wholesale change of music genre, a different celebration or recipient, additional original messages beyond the package count, a different announcer after recording is complete, repeated separate batches of discretionary changes, or changes after final approval are outside an included Revision. The Provider will distinguish a changed preference from correcting its own error.
7.4 The Provider must quote any extra work and allow the Client to decline it and retain the existing approved brief. Extra work is not charged merely because the Client asks a question. A revision cannot remove practical technical, content or licensing restrictions. If the parties disagree about whether a change is within scope, the Provider will explain the original brief and proposed change before doing billable work.
7.5 Announcer demonstrations illustrate the available character and style. Exact tone, accent and pronunciation may vary. The Provider will use reasonable care to follow approved wording and pronunciation guidance. A material departure from the agreed result is assessed as a service issue, not automatically dismissed as artistic discretion.
8 Family and friend greetings
8.1 When selected, the Provider supplies an event-specific collection link and prepares suitable short recordings to play between songs at the agreed frequency. The organiser may invite multiple family members and friends, including people overseas. There is no standard numerical cap on eligible short greetings. The available playback window still limits how many distinct greetings can reasonably be heard.
8.2 Contributors should aim for 10 to 20 seconds. The website recorder stops at 30 seconds; audio uploads must be under 5 MB. Uploaded recordings should also be short snippets rather than long speeches. The Provider may ask for a shorter take or trim a longer submission with the contributor's consent. Material that requires substantial reconstruction or other exceptional production is quoted before work, rather than charged as an undisclosed per-greeting fee.
8.3 The organiser must communicate the collection deadline and obtain submissions well in advance. Only recordings received and accepted before the final cutoff are guaranteed consideration for loading. Submission is not a promise that every recording is technically usable or will play a particular number of times. Recordings submitted during the Event will not be added to that night's soundtrack.
8.4 Contributors can listen back before sending. They must have permission to submit the voice of any other person in the recording. The Provider may clean levels, reduce noise where feasible, remove excessive silence and assemble snippets without materially changing the speaker's meaning. It will not create new words in a contributor's voice, clone that voice, or use it to train an AI model under this agreement.
8.5 The Client should nominate one person to review content and resolve duplicates or unsuitable messages. The Provider may refuse material that is unlawful, threatening, discriminatory, sexually explicit, abusive, misleading or infringes rights, and will explain the reason where practical. Light humour and affectionate teasing may be included when appropriate to the agreed audience and recipient. Consent to a greeting does not permit humiliation or harassment.
8.6 For a child contributor, an adult with parental responsibility must consent and supervise submission. The Provider may request evidence of consent where reasonably needed. Children should not supply contact information, home addresses or other unnecessary personal details. The organiser must not assume every guest wants their voice used publicly.
8.7 If fewer recordings are submitted than hoped, the selected service does not automatically become a new refund entitlement where the Provider has properly provided the collection and preparation work. The Provider will nevertheless assess any genuinely unperformed, separately priced work fairly. If collection fails because of the Provider, it will offer a practical alternative before the cutoff and a remedy if the agreed greeting service cannot be delivered.
9 Music and guest requests
9.1 The Provider will curate the soundtrack around the approved brief, must-play preferences, do-not-play list and agreed event stages. The Client must distinguish essential songs or versions from suggestions. The Provider will confirm essential availability or propose alternatives before final approval. It must not promise access to every song in existence.
9.2 Optional guest requests are limited to the event catalogue and system rules. They enter a managed queue and generally play after the current song, subject to sequencing, repeat restrictions, remaining time and the agreed event plan. They may be declined where excluded, unavailable, inappropriate to the approved content settings, duplicated or too late to fit. A request is not a guarantee of immediate playback or that every request will be played.
9.3 Requests do not override the Client's do-not-play list, content restrictions or agreed essential event stages. The Provider will describe the actual request controls in the Booking Schedule. The Client may choose no requests, requests throughout, or defined request periods where supported. Any ability to pause or disable requests must be confirmed rather than assumed.
9.4 The Client must tell the Provider whether clean versions are required and who will attend. The Provider will take reasonable care to follow the preference, but will explain any catalogue metadata or version uncertainty in advance. If an agreed clean version is unavailable, it should omit or replace the song rather than quietly substitute an explicit version.
9.5 The Client receives permission to use the agreed stream for the specified Event, not ownership of music, permission to redistribute files, or permission to rebroadcast publicly, record and sell the stream, or post full copyrighted performances online. The Provider retains responsibility for rights required for its preparation, copying, hosting and streaming activities. Venue or organiser permissions for onsite music use may be separate; responsibilities must be clarified before booking. A venue licence does not automatically cover the Provider's separate stream.
10 Equipment and client responsibilities
10.1 The Client supplies a compatible phone, tablet or computer, adequate power and charging, suitable speakers and necessary cables, adapters or mixer connection. The Client or venue supplies reliable internet suitable for continuous audio, including any mobile data plan and costs. The Provider must supply clear compatibility and connection requirements before the Client commits to unsuitable equipment.
10.2 The onsite contact is responsible for connection, volume, safe placement of equipment, complying with venue sound limits, keeping the device charged, preventing sleep or interruptions, and pausing for speeches or emergencies. Wired audio is preferred; Bluetooth may be used if successfully tested. Phone calls, notification sounds, battery-saving settings, browser restrictions or switching apps may interrupt playback.
10.3 Internet performance at the venue and the safety and capacity of venue equipment are outside the Provider's direct control. This does not excuse defective Provider instructions, a promised compatibility claim that proves inaccurate, or the Provider's own service faults. If a setup risk is known, both parties will agree a workable solution or assess suitability before proceeding.
10.4 The Client must provide accurate booking details, a single authorised contact, timely approvals and lawful personal material. The Client should avoid sharing event access links beyond intended guests and must tell the Provider promptly if an invitation token is disclosed or misused. The Provider will assist reasonably with revoking or replacing a compromised link.
11 Changing the date or service window
11.1 A date, start-time or duration change requires written confirmation. The original booking remains in place until a variation is agreed or the Client cancels it. Availability on a new date is not guaranteed. The Provider must promptly say whether it can accommodate the request and identify any extra work or unavoidable external costs.
11.2 One date transfer requested at least 14 calendar days before the original Event may be made to an available date within six months of the original date without an administration fee. The original package price is carried over for the same scope. Any unavoidable external change cost must be disclosed, evidenced and accepted first. Additional content changes remain subject to the Revision allowance.
11.3 A transfer requested less than 14 days before the Event, a second transfer, or a move beyond six months will be assessed individually. Only reasonable additional work and unrecoverable external costs caused by the change may be charged, with a written quote accepted first. There is no automatic percentage change fee. The Client may decline the quote and retain the original booking or cancel under clause 12.
11.4 If the Provider cannot accommodate the proposed date, this is a Client cancellation of the original date unless the Provider caused the need for the change or another legal remedy applies. The Provider will offer reasonable available alternatives but will not force the Client to take a credit. The cancellation notice date is the date the Client expressly cancels, not an earlier exploratory enquiry.
11.5 Transfers carry across work already completed and payments received. For a transferred booking later cancelled, the Provider may include genuine unrecovered preparation costs from both dates but may not double-charge the same work. Any cancellation cap uses notice before the revised Event. Costs and deductions remain subject to clause 12 and applicable law.
12 Client cancellation and refund schedule
12.1 The Client may cancel in writing at any time. The following schedule applies only to voluntary cancellation or a qualifying Client default. It does not apply to Provider cancellation, a service failure, statutory refund rights or an event prevented under clause 16.
12.2 The maximum cancellation charge is the lower of the percentage ceiling below and the Provider's reasonable, substantiated net cancellation loss. The percentage is a ceiling, not an automatic deduction. Loss may include reasonably valued work already completed, unavoidable third-party costs and demonstrable lost booking opportunity, after subtracting avoided costs, recoveries, reusable work and replacement revenue. The Provider must take reasonable steps to mitigate loss and must not recover the same loss twice.
12.3 Notice at least 30 calendar days before the Event: maximum 10% of the total booking price. Notice from 14 to 29 days: maximum 25%. Notice from seven to 13 days: maximum 50%. Notice from two to six days: maximum 75%. Notice less than 48 hours before the start, or a Client no-show: maximum 100%. Calendar-day bands mean complete 24-hour periods before the booked start; the final band is less than 48 hours.
12.4 Refund of money paid equals money paid minus the properly calculated cancellation charge, never less than zero. Any amount already paid above that charge is refunded. If money paid is less than a lawful charge, the Provider may invoice the remaining difference but must supply the calculation and supporting explanation. Upfront payment does not create an automatic forfeiture entitlement.
12.5 Example: if a fully paid booking is cancelled 20 days before the Event, the percentage ceiling is 25% of the accepted total. If the reasonable substantiated net loss is lower, only that lower amount may be charged. If there is no net loss, all payments are refunded. This example does not determine the actual loss for another booking.
12.6 The Provider will confirm cancellation and provide a written refund calculation within five Business Days. It will pay an agreed or undisputed refund within ten Business Days of confirming the amount, to the original payment method unless another method is agreed. Bank processing time may be additional. It will not withhold an undisputed refund solely because another part is disputed.
12.7 Compassionate requests will be considered for serious illness, bereavement or circumstances beyond the Client's control. A date transfer may be offered where suitable, but discretionary goodwill does not remove legal rights or justify arbitrary treatment. The Provider may request only information reasonably needed, avoiding unnecessary medical records.
13 Provider cancellation and substitution
13.1 If the Provider cancels before the Event because it cannot supply the booked Service, the Client may receive a full refund of all booking payments. The Provider will notify promptly, offer feasible alternatives where useful, and pay the refund within ten Business Days. A credit or rescheduled date requires the Client's agreement. Applicable rights to compensation remain unaffected.
13.2 The Provider may use competent subcontractors for technical delivery while remaining responsible for the Service it sells. It may not substitute a materially different package, announcer, service window or delivery arrangement without the Client's consent. A minor technical substitution that preserves the agreed service, security and compatibility may be made with appropriate notice.
13.3 The Provider may decline or stop unlawful or unsafe instructions. Where there is time, it must identify the issue and allow a reasonable chance to remove the offending material. Suspension must be limited to what is necessary. Refund consequences depend on responsibility, the remaining usable service and actual loss, subject to law; suspension does not automatically entitle the Provider to retain everything.
14 Support and incident handling
14.1 Before the Event, the Provider will supply the agreed support channel, operating hours, any booked event support window and the backup plan. Routine preparation messages will ordinarily receive a response within two Business Days. An urgent issue affecting an imminent Event should be clearly identified; this target is not a promise of 24-hour coverage.
14.2 The parties will test basic playback and speaker connection in advance. The backup plan may include a second device, alternative connection or another lawful playback arrangement, with each party's responsibilities recorded. The Provider will not promise an offline licensed music backup it cannot supply. Where no suitable fallback exists, that risk must be explained before accepting the booking.
14.3 If playback fails, the onsite contact should note the start time, try the supplied safe troubleshooting steps, and contact the agreed support channel. The Provider will take reasonable steps within its agreed support arrangements to investigate and restore the service, offer a feasible alternative or explain that restoration is unavailable. Safety and venue instructions take priority over troubleshooting.
14.4 Useful evidence includes approximate outage times, device/browser details, an error screenshot and whether other internet services work. A Client is not required to provide inaccessible technical logs to obtain a lawful remedy. The Provider will consider its own logs and all reasonable evidence. Failure to report instantly does not automatically waive a claim, especially where support was unavailable.
15 Service failures and remedies
15.1 The Provider must use due care and skill and supply the agreed service for the disclosed purpose where applicable. Remedies depend on the cause, seriousness and practical effect of a problem. A streamed event is time-sensitive: fixing it after the celebration may not be a meaningful remedy.
15.2 For a minor Provider fault capable of timely correction, the Provider will correct it at no charge within a time reasonable for the Event. If correction is impossible, unreasonably delayed or unsuccessful, the Client retains the remedies available by law. Calling an issue minor does not decide its legal classification.
15.3 If there is a major failure, the Client may exercise applicable rights to cancel and obtain the appropriate refund, or retain the service and obtain a price reduction reflecting the loss of value. Reasonably foreseeable loss may also be compensable where the law provides. No formula below limits these rights.
15.4 As an additional contractual remedy, a complete Provider-caused failure to deliver any usable playback during Booked Playback Time, with no effective accepted alternative, receives a full refund of the booking price, including selected greeting preparation. The Provider does not retain a preparation charge in that situation. A similarly unusable service must be assessed on its real value, not only minutes of attempted transmission.
15.5 For a partial Provider-caused outage that does not otherwise justify a greater remedy, the Client receives at least a proportional refund of the affected playback component: playback component price multiplied by unavailable booked minutes, divided by total booked minutes. The default playback component is the package price plus purchased additional playback hours. Unavailable intervals are added together. No automatic five-minute or other minimum threshold applies.
15.6 Example: one hour of unrecovered Provider outage in a four-hour booking gives a minimum proportional refund of one quarter of the affected playback component. If a separately priced greeting service also entirely fails, the affected greeting charge is additionally refunded. A greater loss of value or applicable legal remedy may require more.
15.7 If a separately priced greeting service, personalisation extra or other deliverable cannot be provided because of the Provider, it will be corrected in time where practical or the affected amount refunded, with additional remedies where applicable. Missing an essential personalised moment may cause a greater loss of value than its isolated price; the assessment must take that into account.
15.8 Extra playback time, a different date, a replacement stream or a credit may be offered but is not imposed instead of a refund or other entitlement. An alternative accepted during an incident does not automatically waive a claim for time or value already lost. A replacement must be practical for the actual Event.
15.9 A failure caused solely by a Client's unsuitable equipment, depleted battery, venue power failure, local internet failure or unauthorised interference may not create a Provider refund obligation for functioning service. The Provider will nevertheless assess the facts fairly, assist reasonably, and consider any contribution from its own fault, inadequate instructions or inaccurate representations. A hosting or streaming supplier failure is not automatically excluded merely because it is a third party engaged by the Provider.
15.10 Incident resolution follows the refund timing in clause 12.6 once the amount is established. The Provider will not deduct cancellation charges from a refund for its own service failure. A release of legal rights is not a condition of an ordinary refund.
16 Events outside reasonable control
16.1 Circumstances such as a natural disaster, government restriction, serious infrastructure failure or other event outside a party's reasonable control may prevent performance. Ordinary business workload, lack of preparation, failure to maintain a required subscription or an avoidable supplier problem does not automatically qualify.
16.2 The affected party must notify the other promptly, explain the impact and take reasonable steps to reduce it. The parties will assess a feasible alternative or date transfer. Neither party is compelled to accept an indefinite credit or unsuitable replacement.
16.3 If the Event cannot lawfully or practically proceed and no alternative is accepted, either party may end the affected booking. Refunds must be assessed under applicable law, including any relevant rules for frustrated contracts. The voluntary cancellation percentages do not automatically apply. Any proposed deduction must identify genuinely completed work of retained value or unavoidable lawful costs, be reasonable and evidenced, and avoid double recovery. Where law requires a full refund, that refund is paid.
16.4 If the Provider simply cannot supply a booked service, clause 13 or 15 applies as appropriate. This clause is not a general exemption from consumer guarantees or liability for negligent conduct. If a Client chooses to cancel an otherwise deliverable event for personal convenience, clause 12 applies instead.
17 Privacy and recording consent
17.1 The Provider collects the information reasonably needed to manage bookings, prepare the soundtrack, receive greetings, deliver requests, provide support and maintain required business records. This may include contact details, event preferences, contributors' names and relationships, voice recordings, consent records, technical logs and request activity. Voice recordings may identify a person and will be handled as personal information.
17.2 Client greetings are stored in the Provider's designated Google Drive account, with event-specific folders and limited authorised access. Technical delivery may also involve Google Apps Script, website hosting and streaming providers, and email notifications to the Provider. Files and event pages are not to be made publicly searchable or broadly shared. An invitation link may be forwarded by its holder, so it is not equivalent to identity-verified authentication.
17.3 The Provider may disclose the minimum necessary information to service providers and authorised contractors who support delivery, or as legally required. Cloud processing may occur outside Australia. Before collection, the Provider will make its applicable privacy notice available, identify relevant overseas handling to the extent reasonably ascertainable, and confirm suitable access and security arrangements. It does not promise that every copy stays in Australia.
17.4 A contributor's affirmative consent allows the Provider to receive, edit and play the submitted greeting for the identified Event and agreed repeat frequency. It does not permit reuse for another client, advertising, public social posts, a testimonial, voice cloning or AI training. Any marketing use requires a separate, optional, informed permission from the relevant people. Declining that permission does not affect the purchased service.
17.5 The organiser must share the event purpose, deadline and privacy notice with contributors and obtain appropriate permissions for material submitted on someone else's behalf. Each contributor should be able to ask a question or withdraw their greeting through [email protected]. The organiser cannot consent to unrelated marketing on behalf of all guests.
17.6 Before the final content cutoff, a withdrawal request will be actioned by removing the greeting from preparation and playback. After that cutoff, the Provider will take reasonable steps to prevent further use, explain any timing limitation, and not promise recovery of audio already heard. A withdrawal is not permission to continue replaying when stopping is reasonably practical. Separate cost implications, if any, are assessed fairly and not used to obstruct a privacy request.
17.7 Unless the Client requests an earlier deletion, or a legitimate dispute or legal requirement necessitates retention, raw greeting recordings and produced personal greeting files will be deleted from active event storage within 90 calendar days after the Event. The event listening and recording links will ordinarily be disabled within seven days after the Event. The Client may ask for deletion sooner; the Provider will explain any record it must retain and why.
17.8 Accounting, booking and consent records may be retained for applicable legal, tax, insurance and dispute requirements. The Provider will avoid keeping audio merely because it retains an invoice. Residual copies in provider backups may expire on the provider's normal cycle and must not be restored for unrelated use. Material retained for a genuine dispute will be restricted and deleted when no longer required.
17.9 Reasonable safeguards include controlled account access, restricted folder permissions, protection of event tokens, limited contractor access and appropriate deletion processes. The Provider will assess and respond to security incidents promptly, notify affected people where legally required or appropriate, and explain practical protective steps. It does not guarantee that any internet system is risk-free.
17.10 Clients and contributors may request access to, correction of, or deletion of their information, or make a privacy complaint, using [email protected]. Identity verification will be proportionate. The Provider will acknowledge within five Business Days and ordinarily provide a substantive response within 30 calendar days, explaining any necessary extension. Applicable statutory time limits and complaint rights take priority.
18 Ownership and permitted use
18.1 Contributors retain rights in their original personal recordings to the extent they own them. They grant the Provider a limited permission to process and play those recordings for the booked Event, including storage and technical processing necessary for delivery. The Provider retains its website code, designs, production methods, generic templates and other pre-existing materials. Music and licensed announcer technology retain their respective owners' rights.
18.2 The Client may use supplied event links and QR designs for the booked Event and share them with intended guests. This does not grant resale rights, a continuing hosted service after the agreed period, or rights to commercial music files. Any delivery of edited personal greeting files to the Client must be expressly agreed and must respect contributors' consent and third-party rights.
18.3 The Client must not submit material they know they have no right to use. If a credible rights complaint arises, the Provider may remove the affected material while investigating and offer a lawful replacement where practical. The parties will cooperate reasonably. There is no blanket Client indemnity for every third-party claim regardless of fault.
19 Responsibility and limits
19.1 Each party is responsible for its own breach, negligence and unlawful conduct to the extent provided by law. The Provider is responsible for the service it contracts to supply, including work it delegates. The Client remains responsible for venue safety and onsite operation allocated to them, subject to the Provider's own responsibilities.
19.2 Neither party is liable for loss caused solely by the other's breach or failure to take reasonable mitigation steps. A reasonable request to mitigate does not require the Client to purchase expensive replacement equipment without agreement, miss the Event or accept a materially inferior service.
19.3 For claims that can legally be limited, the Provider's aggregate contractual liability is limited to the greater of the total booking price and the reasonable direct cost of obtaining an equivalent replacement service. This limit does not apply to non-excludable consumer rights or remedies, fraud, deliberate misconduct, personal injury caused by negligence, or a breach of confidentiality or privacy. Any exclusion of remote or indirect loss applies only to the extent permitted by law and does not exclude legally recoverable, reasonably foreseeable loss.
19.4 The Provider does not guarantee attendance, commercial results, uninterrupted venue internet or that every guest will enjoy every song. These limits do not excuse failure to supply the approved brief with due care and skill. The parties will distinguish a preference change from a material departure from what was agreed.
20 Complaints and resolving disputes
20.1 Please report a concern to [email protected] with the booking name, a description of the issue and the outcome sought. The Provider will acknowledge within two Business Days, consider available evidence and ordinarily provide a reasoned response within ten Business Days. Urgent event problems should use the event support channel in the Booking Schedule.
20.2 Reporting within seven days after the Event is encouraged while evidence is fresh, but is not a contractual deadline that extinguishes legal rights. Where further investigation is needed, the Provider will explain the reason and expected response date, and pay any undisputed refund without waiting for the entire dispute to finish.
20.3 If unresolved, the parties may agree to mediation or seek help from the relevant consumer agency. Mediation is not compulsory before a person uses a tribunal, court, regulator, chargeback process or other legal right. Each party will act reasonably and avoid retaliatory public statements or interference with the other's systems.
21 Notices and general terms
21.1 Preparation instructions, approvals, cancellations and date changes should be sent through the recorded written contact method. The Provider will acknowledge cancellations and important variations. A message is treated as received when it is delivered to the nominated address or system, subject to evidence of delivery failure, not merely when it is later opened. Both parties should keep contact details current.
21.2 Only an authorised contact can approve paid changes. Either party may ask for a written summary after a telephone discussion. No binding variation arises from an informal guest request or a change to the public website. Agreed changes should identify price, scope, timeline and the clauses affected.
21.3 A party's decision not to enforce a provision once is not a general waiver. If a provision is invalid, it is severed only to the extent necessary and the remainder continues where workable. Neither party may transfer the whole contract to another entity without the other's consent, which will not be unreasonably withheld where the service and protections remain equivalent.
21.4 Australian law and the law of the Australian State or Territory identified in the Booking Schedule apply, subject to mandatory laws that apply to the Client or Event. The agreement does not force a consumer to give up a forum or remedy available to them by law. An overseas Event must be assessed for applicable law, licensing, tax, privacy and technical feasibility before acceptance.
Final approval record
Before final production, record confirmation of the event date, time zone and service window; playlist brief and exclusions; names and pronunciations; approved message wording; greeting permissions and timing; request settings; equipment and connection check; onsite contact; support and backup arrangements; payment status; and any unresolved essential requirement.
Client final approval name and date: [insert]. Provider readiness confirmation name and date: [insert]. Outstanding agreed actions and responsible person: [insert or none].
Final content approval confirms the supplied creative choices. It does not waive rights concerning mistakes, unsafe service, technical failure, privacy or other applicable legal remedies.