Terms of Service.

1. Who these terms apply to

1.1 These terms govern all photography, video, drone, floor plan, virtual staging, 3D tour and related media services ("Services") supplied by Matthew Benjamin Peteranec, trading as Borderland Real Estate Media, ABN 86 547 221 815 ("Borderland", "we", "us").

1.2 "Client" means the person or business that books the Services — usually a real estate agency, agent, property manager, developer or owner.

1.3 "Media" means all photographs, video, aerial footage, floor plans, site plans, virtual tours, virtually staged images, and any other files or deliverables we produce.

1.4 "Campaign" means the marketing of a specific property by the Client for a single sale, lease or auction process, including the period the property remains listed and any period afterwards during which the Client displays the outcome (for example, "sold" and "leased" posts).

2. How a booking is made

2.1 A booking is made when the Client requests Services by any means — our booking portal, email, SMS, phone, direct message or in-person — and we confirm it.

2.2 Our confirmation of a booking forms a contract between the Client and Borderland on these terms. These terms apply to every booking, whether or not the booking portal was used.

2.3 Where the Client's own purchase order, engagement form or standard terms conflict with these terms, these terms apply unless we've agreed otherwise in writing.

2.4 The Client is responsible for booking accurately — correct address, access details, property type, approximate floor area, and the services required. If the property differs materially from what was booked (for example, it's substantially larger, or a floor plan is required that wasn't ordered), additional charges may apply under clause 4.4.

3. What we'll do

3.1 We'll supply the Services with due care and skill, and to the professional standard shown in our published work.

3.2 Creative control. Composition, framing, lighting, styling decisions, edit selection and colour treatment are ours. We'll take reasonable account of any specific requests made before the shoot.

3.3 Number of images. Where a package includes a set number of images, we may deliver more at no extra charge. We won't reduce a package below its stated minimum unless you advise they are not required.

3.4 Turnaround. Our standard turnaround times are:

Turnaround is measured from the completion of the shoot, or from the Client supplying everything we need (whichever is later). These are estimates, not guarantees. If we're going to be late, we'll tell you before the deadline rather than after it.

3.5 Priority processing is available on some deliverables for an additional fee, subject to capacity.

3.6 Subcontractors and editing. We use third-party editors and production assistants, including offshore providers, and may use AI-assisted editing tools for standard enhancement work (exposure blending, colour correction, sky replacement, lens correction and similar). We remain responsible to the Client for the finished work. Files supplied to us or produced by us may be transferred to and stored on servers outside Australia for this purpose. See our Privacy Policy for detail.

3.7 Delivery. Media is delivered electronically via our delivery platform or a download link. It's the Client's responsibility to download and store files.

4. Fees, GST and payment

4.1 Prices. The fees are those in our published price list or quote current at the time of booking. All prices are quoted in Australian dollars and are GST inclusive unless expressly stated otherwise.

4.2 Price changes. We may change our prices at any time. Price changes apply to bookings made after the change is published. A confirmed booking is charged at the price that applied when it was confirmed.

4.3 Travel. Properties outside our standard service area may attract a travel surcharge. This will be quoted before the shoot, not added afterwards.

4.4 Additional work. If services are added on site, or the property materially differs from what was booked (clause 2.4), we'll tell the Client the additional cost at the time and proceed only if they agree. We won't add unquoted charges to an invoice.

4.5 Payment terms. Invoices are payable within 14 days of the invoice date unless we've agreed otherwise in writing.

4.6 Prepayment. We may require payment in advance for:

(a) new clients, for their first booking or first few bookings;

(b) clients who have previously paid more than 14 days past the due date;

(c) bookings above $1,500 in value; or

(d) private sellers and one-off clients who are not established agency clients.

Where prepayment applies, we'll tell the Client before the booking is confirmed.

4.7 Late payment. If an invoice is not paid by the due date:

(a) interest accrues on the outstanding amount at 10% per annum, calculated daily from the due date until paid;

(b) we may recover reasonable costs we actually incur in recovering the debt, including debt collection and legal costs;

(c) we may decline to accept new bookings from the Client until the account is brought up to date; and

(d) the licence in clause 6 is suspended until payment is made in full (clause 6.7).

We'll give the Client written notice before acting under (c) or (d).

4.8 Disputed invoices. If the Client disputes an invoice, they must tell us in writing within 7 days of the invoice date, setting out what's disputed and why. Clause 4.7 doesn't apply to a genuinely disputed amount while we're working through it in good faith. The undisputed balance remains payable on time.

5. Access to the property, safety and readiness

5.1 Access is the Client's responsibility. The Client must ensure we have safe, lawful and timely access to the property at the booked time — including keys, codes, lockbox details, gate access and parking. Nobody needs to be on site: a lockbox, key safe, key drop-off or key collection arrangement is fine, provided it's communicated to us before the shoot and it works on the day.

5.2 Authority and consent. The Client warrants that it has the authority of the property owner and any occupant to have the property photographed, filmed and marketed, including from the air, and that it has obtained any consent required from tenants or other occupants.

5.3 Property presentation. The property should be shoot-ready when we arrive: tidy, lights working, bins and vehicles moved, blinds and curtains open, pets secured, personal effects and valuables put away. This matters most where video or a 3D tour is booked, because items generally can't be removed from those afterwards (clause 5.9). We'll do reasonable on-the-day tidying — moving a chair, straightening a rug, closing a toilet lid — but we're not a styling or cleaning service and we are unable to move heavy furniture, handle valuables, or remove rubbish.

5.4 Hazards. The Client must disclose known hazards before the shoot (unrestrained animals, unsafe structures, unstable roofs or decking, hazardous materials, aggressive occupants, unsecured pools). We may refuse or stop work at a property where we reasonably consider conditions unsafe. Where we do, clause 7.4 applies.

5.5 Damage. We take reasonable care on site. The Client is responsible for pre-existing property damage and for damage caused by anyone other than us. We're not liable for damage arising from hazards that weren't disclosed to us.

5.6 People and personal information. We endeavour to identify and remove anything sensitive before delivery — identifiable people, vehicle number plates, family photographs, documents, medical items, religious items and other obvious personal effects — by reframing the shot on the day or editing it out afterwards. This is a genuine effort, not a warranty. A shoot moves quickly, and what's obvious to us won't always match what the Client, the owner or an occupant considers sensitive. We don't promise that any particular item will be identified or removed.

5.7 Reviewing before publication is the Client's responsibility. The Client must review delivered Media before publishing it and satisfy itself that nothing in it should be removed. This applies to the Client, and to the owner, vendor or occupant through the Client.

5.8 Removal requests. If the Client wants something removed, tell us and where we can, we'll remove or obscure it. Small removals are quick and we'll generally absorb them — blurring a framed photograph, taking out a number plate, removing a document from a benchtop. Removing a large object is a different job: a piece of furniture, an appliance or a vehicle means rebuilding the wall, floor and shadows behind it, and that's charged as object removal at the rate in our published price list. We'll quote before we start and won't proceed without approval.

5.9 Video and 3D tours. Object removal often isn't possible at all in video or a 3D tour. The camera moves, the object is seen from multiple angles, and what sits behind it changes shot to shot — there's frequently nothing to rebuild from. Where removal is possible it's quoted as a separate task.

5.10 Easiest fixed before the shoot. Where something shouldn't appear in the marketing, moving it, covering it or putting it away beforehand is the simplest option, and it'll look better than any edit. That's particularly true where video or a 3D tour is booked, since those can't reliably be fixed afterwards.

5.11 The Client is responsible for obtaining any consent required for identifiable people or personal information that remains in Media it publishes.

6. Copyright and licence — the important part

6.1 We own the copyright. Under the Copyright Act 1968 (Cth), Borderland owns copyright in all Media. Paying for a shoot buys a licence to use the Media, not ownership of it. Nothing in these terms transfers copyright unless we've agreed to that in writing and it's been separately paid for.

6.2 What the licence covers. On payment in full, we grant the Client a perpetual, non-exclusive, royalty-free licence to use the Media for:

(a) marketing the property for the Campaign the Media was created for, across any medium — portals (realestate.com.au, Domain and similar), the Client's website, print, signage, brochures, email and social media;

(b) the Client's own ongoing marketing of its agency or agents — portfolio, website, social media, "just listed" and "just sold" posts, awards submissions, and pitch or appraisal materials — including after the Campaign ends; and

(c) supplying copies to the property owner or vendor for their personal, non-commercial use.

6.3 What the licence doesn't cover. Without our written permission, the Media must not be:

(a) used to market the property in a later, separate campaign — for example a resale, relisting or re-lease more than 12 months after the original Campaign;

(b) transferred, sold, sublicensed or given to another agency, agent or media provider, including when an agent moves agencies or a listing changes hands;

(c) used by a builder, developer, architect, stylist, trade or supplier for their own advertising;

(d) sold, licensed or supplied as stock imagery;

(e) used to train, fine-tune or develop AI or machine learning models; or

(f) altered in a way that misrepresents the property (see clause 8).

6.4 Extending the licence. If the Client wants to use the Media outside clause 6.2 — a relist years later, a developer wanting the aerials, an incoming agent wanting to buy in, a billboard or a brand campaign — just ask. We'll quote a licence extension based on what the use actually is: how long, how widely it'll be published, and who's getting the commercial benefit. Re-marketing the same property is at the modest end. Broad or high-value commercial use by a third party is priced accordingly. Either way it's a conversation, not a trap — we'd rather licence it than find out afterwards.

6.5 Third parties. The Client is responsible for making sure the vendor, owner, and anyone the Client supplies the Media to understands these restrictions. If a third party the Client supplied Media to uses it outside the licence, we'll raise it with them directly in the first instance.

6.6 Credit and watermarks. We don't require credit on published Media. We assert our moral rights under Part IX of the Copyright Act 1968 (Cth) and consent to the Media being used without attribution and to being edited or cropped for format, provided the changes don't materially misrepresent the property or damage our reputation.

6.7 Licence is conditional on payment. The licence in clause 6.2 doesn't take effect until the invoice for that booking is paid in full. If an invoice becomes more than 21 days past its due date, the licence is suspended (not cancelled) until payment is made, and reinstates automatically on payment. We'll give written notice before suspending a licence.

6.8 Our own use. We may use the Media in our own portfolio, website, social media, showreels and marketing. If a vendor or Client has a genuine reason for us not to — privacy, a sensitive sale, a confidential listing — tell us and we'll exclude that property. We won't disclose sale prices or vendor details.

6.9 Client-supplied material. Where the Client supplies us with plans, logos, images, music or other material, the Client warrants it has the right to do so and that our use of it won't infringe anyone's rights.

7. Cancellations, rescheduling and weather

7.1 Cancelling or rescheduling. No charge if the Client cancels or reschedules more than 3 hours before the booked start time.

7.2 Short-notice cancellation. Cancelled or rescheduled within 3 hours of the booked start time: a $100 late cancellation fee applies. By that point the slot generally can't be refilled, and for twilight bookings it can't be refilled at all. Where there's a genuine reason — a vendor emergency, illness, something outside the Client's control — we'll usually waive it.

7.3 Failed attendance. If we attend and can't complete the shoot because access isn't available as arranged, the key or code doesn't work, or nobody can be reached: a $150 fee applies, plus any travel surcharge. We'll deliver any work we were able to complete, and we'll try to reach the Client before leaving.

7.4 Property not ready or unsafe. If the property isn't reasonably shoot-ready (clause 5.3) or is unsafe (clause 5.4), we'll contact the Client and either shoot what we can, or reschedule. A rescheduled visit is charged at our published return-visit fee.

7.5 Weather. We don't charge for weather. If we or the Client cancel or postpone because of weather, or because conditions won't produce an acceptable result, the booking is rescheduled to the next mutually available slot at no charge.

7.6 If we cancel. If we cancel for any other reason, we'll reschedule as a priority and no cancellation fee is payable. If we can't reschedule within a timeframe that works for the Campaign, any amount already paid for that booking is refunded.

7.7 Repeated short-notice cancellations. Where a Client repeatedly cancels at short notice, we may move that Client to prepayment on booking under clause 4.6, or decline future twilight slots. We'll tell the Client before we do.

7.8 These fees are our genuine pre-estimate of the loss we suffer, not a penalty.

8. Virtual staging, digital enhancement and disclosure

8.1 Where the Client orders virtual staging, virtual twilight, virtual renovation, object removal, sky replacement, pool water enhancement, grass greening or similar digital work, the resulting images are digitally altered representations of the property.

8.2 Disclosure is the Client's responsibility. Under the Australian Consumer Law and Queensland property marketing rules, digitally altered images must not mislead prospective buyers or tenants. The Client is responsible for clearly disclosing digital alteration wherever the images are published — for example: "Images are virtually staged for illustrative purposes. Furniture is digitally rendered and not included."

8.3 We're happy to help with the disclaimer. If the Client would like us to burn a disclosure line onto any staged image or into a video, just ask and we'll do it at no charge. We don't do this by default, because placement and wording depend on where the Client is publishing and what their agency requires. Asking for it is the Client's call, and clause 8.2 still applies whether or not we've added one.

8.4 What we won't do. We won't digitally remove, conceal or disguise a defect or a material feature of a property — cracks, damp, mould, rubbish, damage, structural issues, powerlines, adjoining structures, or similar. We won't alter room proportions, add features that don't exist, or make a space appear materially larger than it is. We'll decline a request of this kind and explain why. This isn't negotiable and it protects the Client as much as it protects us.

8.5 The Client indemnifies us against claims arising from the Client's publication of digitally altered Media without adequate disclosure, or from the Client's own alteration of Media we supplied.

9. Drone and aerial work

9.1 All drone operations are conducted in accordance with the Civil Aviation Safety Regulations 1998 (Cth) and CASA requirements, including registration, operator accreditation, and applicable operating conditions.

9.2 Aerial work is conditional on conditions on the day — airspace restrictions, proximity to aerodromes and helipads, wind, rain, light, visibility, and the presence of people, traffic or obstacles we can't lawfully or safely fly near.

9.3 If we can't fly for regulatory, safety or weather reasons, the drone component isn't charged, or we'll reschedule that component at no additional charge. We won't charge for aerials we couldn't safely or lawfully capture.

9.4 We won't fly where doing so would breach CASA rules, regardless of what's been requested or booked.

9.5 The Client warrants it has the property owner's consent for aerial capture of the property.

10. Reshoots, corrections and things going wrong

10.1 Free corrections. If a deliverable contains an error on our part — a missed room from the brief, a processing fault, an obvious editing mistake, an incorrect floor plan measurement or label — tell us within 7 days of delivery and we'll correct it at no charge, as a priority.

10.2 Free reshoots. If Media is unusable because of a fault on our part, we'll reshoot at no charge at the earliest available slot.

10.3 Revisions. Separately from corrections, every photo, video, floor plan, virtually staged image and 3D tour includes one round of revisions at no charge. A round is one consolidated set of changes sent together, including any vendor feedback. Changes that arrive in pieces over several days may be treated as more than one round.

10.4 Typical included revisions: swapping an image in the selection, re-cropping, room name or dimension label changes on a floor plan, changing a furniture style in a staged image, trimming or reordering video clips, changing music, updating agent branding or contact details.

10.5 Further rounds, or changes that amount to a new brief — a different edit structure, a re-grade, restaging a room from scratch, re-recording voiceover — are charged at $110 per hour, billed in 30-minute increments. We'll tell the Client the estimated cost before starting, and won't proceed without approval.

10.6 What's chargeable on site. A return visit is chargeable where the reason for it isn't our fault — for example the property has since been styled, cleaned, renovated or tidied, the weather has improved, a vendor has changed their mind, the property wasn't ready on the day, or the Client wants different angles or a different creative direction.

10.7 Floor plans. Floor plans are produced from a scan of the property and are indicative only. Dimensions and total areas are approximate and are not a survey, a certified measurement, or a substitute for one. The Client is responsible for verifying areas before relying on them in advertising or contract documents. Where a floor plan is used in marketing, the Client should include a standard disclaimer to that effect.

10.8 Feedback. If something isn't right, tell us. We'd rather fix it than have you quietly go elsewhere.

11. File storage and re-supply

11.1 We retain delivered Media for 12 months after delivery. We retain original RAW and source files at our discretion and are under no obligation to keep them.

11.2 We're not an archive or backup service. Delivered files are the Client's to download and keep.

11.3 We may charge a reasonable re-supply fee for retrieving and re-delivering files after the retention period, subject to availability.

12. Consumer guarantees and liability

12.1 Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy the Client has under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded, including that they will be provided with due care and skill and within a reasonable time.

12.2 Limitation. To the extent permitted by law, and where the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited to (at our option) resupplying the Services or paying the cost of having them resupplied.

12.3 Cap. To the extent permitted by law, our total liability arising out of or in connection with a booking is capped at the fees paid or payable by the Client for that booking.

12.4 Excluded loss. To the extent permitted by law, we're not liable for indirect or consequential loss, loss of profit, loss of a sale, loss of commission, reduced sale price, lost opportunity, or loss arising from a listing being delayed — however caused.

12.5 What we're not responsible for. We're not responsible for:

(a) how the Client uses, publishes, edits or captions the Media;

(b) the accuracy of information the Client supplies to us or publishes alongside the Media;

(c) the outcome of any sale, lease or campaign;

(d) the acts of portals, hosting platforms or delivery services; or

(e) loss caused by the Client's breach of these terms.

13. Client warranties and indemnity

13.1 The Client warrants that:

(a) it has authority to book the Services and to bind the party responsible for payment;

(b) it has the owner's and occupant's consent required under clause 5.2;

(c) it has the right to supply us any material it provides (clause 6.9); and

(d) it will use the Media only within the licence in clause 6 and will comply with clause 8.

13.2 The Client indemnifies us against loss, claims and reasonable costs we actually incur arising from a breach of clause 13.1, or from the Client's own use or publication of the Media. This indemnity doesn't apply to the extent the loss is caused by our own breach, negligence or wrongful act.

14. Confidentiality

14.1 We treat listing information, vendor details, addresses of unlisted properties, pricing and campaign timing as confidential and won't disclose them, except as required by law or with the Client's consent.

14.2 Clause 6.8 (portfolio use) is subject to this clause.

15. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at borderlandrealestatemedia.com/privacy. That policy covers what we collect, how we use it, our use of offshore editing providers, and how to make a privacy complaint.

16. Ending the relationship

16.1 Bookings are generally made one at a time and there is no minimum spend, lock-in period or exclusivity. Either party can stop working with the other at any time, for any reason, with no penalty.

16.2 Clause 16.1 doesn't apply where the parties have signed a separate written agreement — a volume or retainer arrangement, a preferred-supplier agreement, a project or development contract, or an exclusivity arrangement. Where such an agreement exists, its notice and termination provisions apply, and these terms apply to anything that agreement doesn't cover.

16.3 Ending the relationship doesn't affect:

(a) bookings already confirmed (which are completed and paid for, or cancelled under clause 7);

(b) invoices already issued or work already performed; or

(c) licences already granted and paid for under clause 6.

16.4 We may suspend Services where an account is significantly overdue (clause 4.7) or where a Client's conduct toward us or our team is abusive, unsafe, or persistently unreasonable.

16.5 Clauses 6, 8.5, 12, 13, 14 and 17 survive the end of the relationship.

17. General

17.1 Changes to these terms. We may update these terms. The updated terms apply to bookings made after they're published on our website. Bookings already confirmed are governed by the terms in force when they were confirmed. Material changes will be notified to active clients by email.

17.2 Disputes. If something's wrong, raise it with us in writing first. We'll respond within 7 days and try to resolve it directly. Neither party will start legal proceedings without first attempting to resolve the matter in good faith, except where urgent relief is needed.

17.3 Governing law. These terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

17.4 Severability. If a term is found to be unenforceable, it's severed and the rest of these terms continue to apply.

17.5 No waiver. If we don't enforce a term on one occasion, that doesn't waive our right to enforce it later.

17.6 Entire agreement. These terms, together with the booking confirmation and any written quote, form the whole agreement between the parties for the Services.

17.7 Notices. Notices may be given by email to the address the parties usually use to communicate.

Contact

Borderland Real Estate Media Matt Peteranec 0490 704 502 matt@borderlandrealestatemedia.com borderlandrealestatemedia.com

Good Media. No Drama.