Terms of Service

Last updated: 1 May 2026

Operated by The Video Experience Co Pty Ltd (ABN 99 678 550 635), trading as VideoRep, registered office at 1/299 Elizabeth Street, Sydney NSW 2000, Australia.

1. Agreement to these Terms

By engaging VideoRep through a signed Statement of Work, an accepted proposal, an Upwork contract, or by paying any invoice we issue, you agree to these Terms of Service. If you are agreeing on behalf of a company, you confirm you have authority to bind that company.

These Terms apply to every engagement unless we sign a separate written agreement that explicitly overrides them. Where a Statement of Work and these Terms conflict, the Statement of Work wins on the specific point of conflict.

2. Definitions

• "VideoRep", "we", "us", "our" means The Video Experience Co Pty Ltd, trading as VideoRep.
• "Client", "you", "your" means the person or company engaging us.
• "Services" means the video production, coaching, presenter, or related services we agree to provide.
• "Deliverables" means the finished video files and supporting assets we hand to you under a Statement of Work.
• "Raw Footage" means uncut camera files, project files, multitrack audio, and editing-pipeline source material.
• "Statement of Work" or "SOW" means the written scope, fees, and timeline we agree to for a specific engagement (in any format we both accept, including signed PDFs, accepted proposals, and platform-based contracts like Upwork).

3. The services we provide

VideoRep is a presenter-led video production studio. Our services include video ads, video sales letters, confirmation videos, YouTube and long-form content, product and onboarding videos, training and e-learning content, on-camera coaching, and ongoing fractional video partnership.

Specific deliverables, formats, quantities, and timelines are defined in each Statement of Work. Anything not in the SOW is not in scope unless we agree to it in writing.

4. Engagement and scope

Each engagement is governed by its Statement of Work. Scope changes (additional videos, formats, revisions outside the agreed scope, expanded usage rights) are written down and re-priced before we proceed.

We typically include unlimited revisions inside scope until the deliverable performs to the standard agreed in the SOW. Reshoots are not the same as revisions. A reshoot is required when the script changes, the offer changes, the brand changes, or new on-camera footage is needed. Reshoots are scoped and re-priced.

First-cut deadline. We deliver a first cut within ninety days of your deposit, unless the SOW expressly says otherwise. If we cannot meet the ninety-day window, we tell you in writing before the deposit's three-month anniversary and propose a revised timeline. Delays caused by late client input pause this clock per the client-silence pause rule below.

Bulk-buy and pre-purchase windows. Pre-purchased video credits, bulk packages, and retainer-banked hours must be claimed and produced within six months of your deposit. We send reminders at sixty days and thirty days before the six-month expiry. Unproduced credits past the six-month window may be extended by written request to hello@videorep.co received at least thirty days before the expiry date. Extensions are granted at our reasonable discretion and may be conditional on a refreshed SOW. Without an extension, unproduced credits forfeit at the six-month mark and no refund is owed.

Client-silence pause and project closure. If you become unresponsive on a production-blocking question (script approval, asset delivery, scheduling, sign-off on a cut) for thirty consecutive days, we may pause the project and notify you in writing. The first-cut and bulk-buy clocks pause for the duration of the silence. If you remain unresponsive for ninety consecutive days from the original production-blocking question, the project is closed. Reactivation after closure requires a fresh kickoff and a new Statement of Work, and may incur a reactivation fee. Fees paid for completed work to date are not refunded on closure.

Existing pre-paid engagements. Statements of Work signed before the publication of this clause are governed by their original terms. We may, at our discretion, propose a transition letter to bring legacy engagements into alignment with this section. Acceptance of any such transition is by mutual written agreement.

5. Payment, refunds, and late fees

Payment terms. Unless the SOW says otherwise, we invoice fifty percent of the engagement fee upfront before production starts and the remaining fifty percent on delivery of the first cut. Long-term retainers are billed monthly in advance. Upwork engagements follow Upwork's milestone and escrow process.

Refunds. Fees are non-refundable for completed work, except where a specific Statement of Work or published offer expressly provides otherwise. As a matter of goodwill we may, at our discretion, remake a deliverable that doesn't meet the agreed brief, but no refund is owed.

Late fees. Invoices unpaid past thirty days from the invoice date may accrue a 1.5% per month late fee. We reserve the right to pause production on overdue accounts.

Currency and tax. Fees are stated in the currency named on each invoice. Australian clients pay GST where applicable. International clients are responsible for local taxes, duties, and any withholding their jurisdiction requires.

6. Deliverables and intellectual property

What you get. On full payment for an engagement, you own the finished Deliverables defined in the Statement of Work for the usage rights agreed in the SOW. Default usage rights are: your own owned channels (your website, your social profiles, your sales enablement, your AI answer-engine surfaces, your paid-media campaigns).

What needs additional licensing. Resale, sublicensing to other brands, broadcast TV usage, theatrical distribution, and use in offerings you sell to third parties are not included by default and require a separate licence agreement and fee.

Pre-existing IP. We own the methodology, frameworks, scripts templates, brief templates, and production systems we bring to the engagement. The Deliverables you receive embody our methodology but you do not acquire rights to it.

Brand assets you provide. Anything you provide to us (logos, brand kits, scripts, b-roll, music you have rights to, customer footage with releases) remains your property. You grant us a limited licence to use those assets solely to produce the Deliverables.

Eric's likeness. When Eric Presnall or another VideoRep presenter appears on camera in your videos, the licence to your usage of that likeness is bounded by the SOW. Use outside the agreed channels requires written approval. We do not license our presenters' likenesses for AI training, deepfake generation, or synthetic-presenter production.

7. Raw footage and project files

This section is the one most clients want clarity on. Read carefully.

The rule by who's on camera. When a VideoRep presenter (Eric or another vetted presenter from our network) is the on-camera face, raw camera files, multitrack audio, project files, and editing-pipeline source material are not delivered to the client. When the client or a member of the client's team is the on-camera face, raw camera files of those sessions are delivered to the client on request, because that footage is the client's own face and voice.

Why the split. Risk management around AI-generated likeness misuse. Where a VideoRep presenter is the face, those raw files stay internal. Where the client is the face, the client owns their own likeness and the IP from their expertise.

Internal retention period. VideoRep retains raw camera files internally for ninety days from final delivery, then deletes them, except where a written request from the client extends the period. Ninety days is enough to re-deliver if the client loses files; longer windows expose the footage to unnecessary risk in the current AI environment.

Universal no-AI-replication rule. Under no circumstances are raw camera files, deliverables, or any project content provided to AI model training datasets, voice cloning systems, deepfake or synthetic-presenter pipelines, or any third-party use that would replicate the on-camera face or voice. This applies to every engagement, on every offer, regardless of who is on camera. We will pursue takedown of any synthetic content derived from VideoRep deliverables without written permission.

Custom raw arrangements. Legacy clients who negotiated raw-footage delivery under a prior presenter-only engagement model are honored under the terms of their original Statement of Work. New engagements default to the rules above. If you need raw footage delivered on a presenter-led engagement for a specific use case (internal training, archival, regulated industry), tell us before we sign the SOW and we will scope and price accordingly.

8. AI usage

VideoRep's position on AI is straightforward. AI is a production tool. Real humans stay on camera.

Where we use AI. Editing acceleration, captioning, transcription, format conversion, b-roll generation for non-presenter footage, voice cleanup and audio repair, basic motion graphics, batch resizing, and similar production-pipeline tasks. AI usage in production helps us ship faster without changing what your audience sees on screen.

Where we do not use AI. Synthetic presenters, AI-generated likenesses, deepfake video, voice cloning, AI-avatar replacements for human presenters. We do not deliver synthetic on-camera content under the VideoRep brand.

Your AI policy preferences. If your organisation has restrictions on AI involvement in production (regulated industries, public-sector contracts, NDA-bound work), tell us before the SOW is signed and we will accommodate where feasible. Some workflows can be run AI-free; some cannot meet the timeline without AI assist. We will be honest about which is which.

Training data. We do not provide your project content, raw footage, or Deliverables to AI model training datasets. We do not consent to third-party AI training on our presenters' likenesses.

9. Client responsibilities

To deliver on time and on quality, we need a few things from you:

• Timely script approvals and review feedback (typically within five business days, unless the SOW says otherwise)
• Accurate brand assets (logos, fonts, brand colours, brand voice notes)
• Subject-matter input where the script depends on your expertise
• Releases or permissions for any third-party footage, music, or imagery you ask us to incorporate
• A single point of contact authorised to approve script and final cuts

Delays caused by your team push the timeline; we do our best to accommodate, but late client input is the most common cause of delivery slips.

10. Confidentiality

Mutual confidentiality. Each party will keep confidential any information the other party marks confidential, or that a reasonable person would treat as confidential. For the client, that includes unreleased product details, strategy, financials, customer information, and brand assets shared during the engagement. For VideoRep, that includes our pricing, internal methodology, presenter network details, scripts and brief templates, production systems, and any non-public commercial terms. Confidential information is used only to perform the Services and is not disclosed to third parties without written permission, except where disclosure is required by law.

Tail period. The confidentiality obligation in this section continues for three years after the engagement ends, except for trade-secret material which remains confidential for as long as it qualifies as a trade secret under applicable law.

Public mention. We do not publicise client work without permission. Public mention of you as a client (logo on our trustedby strip, named case study, social-proof testimonial) requires your written consent. Public-facing case studies on videorep.co are published only after the named buyer has approved the specific copy and metrics shown.

11. Warranties and limits

We warrant that the Services will be performed with the care and skill expected of an established video production team, and that the Deliverables will conform to the SOW.

We do not warrant that any specific business outcome will result from using the Deliverables. Performance of video advertising, content marketing, and pipeline depends on many factors outside our control: your offer, your audience, your media spend, market conditions, and your sales process. Where we publish performance claims (e.g. "outperformed best static ad"), those claims are tied to specific historical engagements and are not promises about your future results.

12. Liability cap

To the maximum extent permitted by law, VideoRep's total liability arising from or related to an engagement is capped at the fees you paid us under the relevant Statement of Work in the twelve months preceding the claim. We are not liable for indirect, consequential, incidental, special, or punitive damages, or for lost profits, lost revenue, or lost business opportunity, even if advised of the possibility.

Nothing in these Terms excludes or limits liability that cannot be excluded under the Australian Consumer Law or other non-excludable consumer protection laws of your jurisdiction.

13. Indemnification

You will indemnify VideoRep against third-party claims arising from content, footage, music, or brand assets you provide that infringe third-party IP, defamation, or rights of publicity. We will indemnify you against third-party claims arising from VideoRep-original creative material we author and deliver to you, except where the claim is caused by your modifications, your usage outside the agreed scope, or the assets you supplied.

14. Term and termination

Project-based engagements end on delivery of the final Deliverables and final payment. Retainers run on the cadence stated in the SOW (commonly month-to-month after a three-month minimum) and may be terminated by either party with thirty days written notice unless the SOW says otherwise.

We may suspend or terminate immediately for: non-payment past sixty days, material breach not cured within fifteen days of notice, illegal use of the Deliverables, or behaviour that creates a hostile or unsafe working environment for our team. On termination, you owe fees for work performed up to the termination date. Deliverables already accepted remain licensed to you under the agreed terms.

15. Disputes and governing law

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction over disputes that cannot be resolved by good-faith negotiation, except that VideoRep may seek injunctive relief in any jurisdiction to protect its IP, raw footage, or presenter likenesses.

For clients in the European Economic Area, the United Kingdom, or California, mandatory consumer-protection rights of your jurisdiction continue to apply alongside these Terms.

Before filing suit, both parties will attempt to resolve disputes by good-faith discussion within thirty days of written notice of the dispute.

16. General provisions

16.1 Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond reasonable control, including acts of God, natural disasters, fire, pandemic, government action, civil unrest, war, terrorism, labour disputes, internet or telecommunications outages, third-party service failures, or any similar event. The affected party will notify the other promptly, mitigate the impact where possible, and resume performance as soon as the circumstance ends. If the force majeure event continues beyond sixty days, either party may terminate the affected engagement without penalty, with fees owed only for work actually performed.

16.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision is severed to the minimum extent required and the remaining provisions remain in full force and effect.

16.3 Entire agreement

These Terms, together with the applicable Statement of Work, the published terms of any specific offer purchased, and any written amendments signed by both parties, constitute the entire agreement between VideoRep and the Client regarding the subject matter and supersede all prior or contemporaneous communications, proposals, representations, and understandings, whether oral or written.

16.4 Survival

Sections 6 (Deliverables and intellectual property), 7 (Raw footage and project files), 8 (AI usage), 10 (Confidentiality), 11 (Warranties and limits), 12 (Liability cap), 13 (Indemnification), 15 (Disputes and governing law), and this Section 16 survive termination or expiration of any engagement.

16.5 Independent contractor

VideoRep is engaged as an independent contractor, not as an employee, agent, partner, or joint venturer of the Client. Neither party has authority to bind the other or create any obligation on the other's behalf. VideoRep is responsible for its own taxes, superannuation, insurance, and statutory contributions in its home jurisdiction. Clients located in the United States understand that VideoRep is an independent contractor for IRS classification purposes and is not entitled to employee benefits.

16.6 Assignment and subcontracting

The Client may not assign these Terms or any rights or obligations under them without VideoRep's prior written consent, except to a successor by merger, acquisition, or sale of substantially all assets. VideoRep may use vetted subcontractors (editors, scriptwriters, project managers, additional presenters from our network) to perform the Services and remains responsible for their performance under these Terms. VideoRep may assign these Terms to a successor entity in connection with a corporate restructuring, sale, or change of control, on the same terms.

16.7 Notices

Formal legal notices must be sent in writing to hello@videorep.co with confirmed delivery receipt, or by registered post to The Video Experience Co Pty Ltd, attention Eric Presnall, 1/299 Elizabeth Street, Sydney NSW 2000, Australia. Routine project communications (briefs, approvals, scheduling) are not legal notices and may be sent through normal channels.

17. Changes to these Terms

We may update these Terms from time to time. Material changes (changes to liability, IP, payment, or termination) will be notified to active clients by email at least thirty days before they take effect. The "Last updated" date at the top of this page reflects the latest revision. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms? Email hello@videorep.co.

Legal notices to: The Video Experience Co Pty Ltd, attention Eric Presnall, 1/299 Elizabeth Street, Sydney NSW 2000, Australia. We also accept legal notice by email at the address above with confirmed delivery receipt.

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