These Terms and Conditions ("Terms") apply to the supply of TeamCast podcasting equipment, podcast editing, hosting, support and related services by TeamCast ("TeamCast", "we", "us" or "our") to the school, organisation or other customer purchasing or using the Services ("Customer", "you" or "your").
By signing an agreement, accepting a quotation, placing an order, clicking "I agree", paying an invoice or otherwise using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms.
1. Definitions
In these Terms:
Customer Content means all audio, video, photographs, recordings, scripts, music, logos, artwork, school materials, student work and other content supplied by or on behalf of the Customer.
Equipment means the podcasting equipment supplied by TeamCast to the Customer, including the podcasting station, microphones, headsets, cables, accessories and carry case.
Edited Deliverables means podcast episodes and other media produced or edited by TeamCast from Customer Content.
Personal Information has the meaning given to that term under applicable privacy legislation.
Services means the podcasting, editing, hosting, technical support, training and other services supplied by TeamCast.
Term means the period during which the Customer receives the Services under these Terms.
2. Services
2.1 Services Provided
Subject to the applicable package, quotation or order, TeamCast may provide:
- an industry-leading all-in-one podcasting station;
- broadcast-quality headset/microphone units;
- cables and necessary accessories, including a carry case;
- training and support materials;
- podcast editing services;
- podcast hosting and/or distribution services; and
- other services agreed between TeamCast and the Customer.
2.2 Service Scope
The specific Services, pricing and inclusions applicable to the Customer will be those stated in the Customer's quotation, order, proposal or other written agreement with TeamCast.
If there is any inconsistency between these Terms and a specific written agreement signed by both parties, the specific written agreement will prevail to the extent of that inconsistency.
2.3 Standard Podcast Editing Allowance
Unless otherwise agreed in writing, the Customer's annual Service allowance includes up to twenty (20) podcast episodes per annum, with each standard episode being between five (5) and ten (10) minutes in duration.
The Customer is responsible for recording and uploading the podcast material to TeamCast in accordance with TeamCast's procedures.
TeamCast will professionally edit the included episodes and make the resulting Edited Deliverables available to the Customer's nominated community through the applicable TeamCast platform or service.
2.4 Standard Editing
Unless otherwise agreed, a standard podcast edit includes:
- cleaning and balancing audio levels;
- removing obvious mistakes or extended silences;
- sequencing segments in the order provided;
- adding a supplied introduction, outro or sponsorship tag;
- basic loudness and export processing; and
- export in TeamCast's standard platform-ready format.
Standard editing does not include extensive restructuring, rewriting, substantial content removal, music composition, transcription, translation, video production or other work outside the standard editing process.
2.5 Additional Services
TeamCast may charge additional fees for services outside the standard package, including:
- filming;
- video editing;
- animation;
- social media clips;
- transcription;
- translation or multiple-language versions;
- extensive audio restoration;
- additional editing;
- additional episodes;
- episodes substantially exceeding the standard duration;
- custom production;
- additional training; and
- other services requested by the Customer outside the agreed package.
TeamCast will seek the Customer's approval before undertaking chargeable additional work, unless otherwise agreed.
2.6 Unused Allowance
Unused podcast editing allowances expire at the end of the applicable annual period and do not roll over to a subsequent period unless TeamCast agrees otherwise in writing.
3. Equipment
3.1 Equipment Supplied
TeamCast will supply the Equipment specified in the Customer's applicable package or order.
3.2 Ownership
Ownership of the Equipment supplied to the Customer passes to the Customer upon delivery or payment, as applicable under the Customer's order or quotation.
Unless otherwise agreed in writing, the Customer retains ownership of the Equipment when the Services end.
3.3 Customer Responsibility
The Customer is responsible for:
- taking reasonable care of the Equipment;
- using the Equipment in accordance with TeamCast's training and instructions;
- ensuring that appropriate staff supervise its use;
- keeping the Equipment in a safe and secure location;
- taking reasonable precautions against theft, loss and accidental damage; and
- ensuring that the Equipment is only used for lawful and appropriate purposes.
3.4 Damage, Loss or Theft
The Customer is responsible for the cost of repairing or replacing Equipment where damage, loss or theft results from:
- misuse;
- negligence;
- intentional or reckless conduct;
- failure to take reasonable care;
- unauthorised modification;
- theft from an unsecured location; or
- use contrary to TeamCast's reasonable instructions.
This clause does not limit any rights the Customer may have under applicable consumer protection legislation.
3.5 Repairs and Warranty
TeamCast will provide reasonable assistance with troubleshooting Equipment supplied by TeamCast.
Where Equipment develops a fault through normal use, TeamCast will assess the issue and, where appropriate, assist with repair or replacement in accordance with any applicable manufacturer's warranty and the Australian Consumer Law.
Damage caused by misuse, negligence, accidental damage, unauthorised modification or other circumstances outside normal use may incur a charge.
4. Customer Responsibilities
The Customer must:
- provide appropriate personnel to operate and supervise the Equipment;
- follow TeamCast's reasonable operating and safety instructions;
- ensure that content supplied to TeamCast is lawful and appropriate;
- obtain all necessary permissions and consents;
- ensure that Customer Content does not infringe the rights of another person;
- maintain appropriate security over Customer accounts and login credentials;
- promptly notify TeamCast of any known or suspected security incident;
- promptly notify TeamCast of any complaint relating to Customer Content;
- use the Services in accordance with applicable laws and school policies; and
- cooperate reasonably with TeamCast in providing the Services.
5. Child Safety, Recording and Consent
5.1 Responsibility for Consent
The Customer is responsible for obtaining all permissions, consents and authorisations required by law, regulation, school policy or the Customer's own policies before recording, editing, storing, publishing or distributing the voice, image, name or other personal information of any person.
Where a participant is under eighteen (18) years of age, the Customer is responsible for ensuring that all required parent, guardian or other lawful consent has been obtained before the participant is recorded or the resulting content is published or distributed.
5.2 Scope of Consent
The Customer is responsible for determining that its consent process appropriately covers the intended use of the content, including where applicable:
- recording;
- editing;
- storage;
- podcast publication;
- downloading and streaming;
- distribution through podcast platforms;
- publication on websites or social media;
- use of the participant's name;
- use of photographs or video; and
- any other intended publication or distribution.
5.3 Withdrawal or Dispute of Consent
If consent is withdrawn, disputed or alleged to have been improperly obtained, the Customer must notify TeamCast promptly.
TeamCast may temporarily remove or disable access to affected content while the matter is investigated or resolved.
5.4 Child Safety
The Customer remains responsible for the supervision and safeguarding of children participating in recording activities.
The Customer must ensure that its use of the Services complies with all child-safety laws, standards, regulations and policies applicable to the Customer.
TeamCast may suspend, remove or refuse to publish content where TeamCast reasonably believes that the content presents a child-safety, privacy, legal, reputational or other significant risk.
6. Customer Content and Intellectual Property
6.1 Customer Ownership
The Customer retains ownership of Customer Content supplied to TeamCast.
Nothing in these Terms transfers ownership of Customer Content to TeamCast.
6.2 Licence to TeamCast
The Customer grants TeamCast a non-exclusive, royalty-free licence to use, reproduce, store, process, edit, modify and transmit Customer Content to the extent reasonably necessary to provide the Services.
This licence continues for as long as reasonably necessary to provide the Services and to comply with legal, accounting, backup and dispute-resolution requirements.
6.3 TeamCast Intellectual Property
TeamCast retains ownership of:
- TeamCast software and technology;
- the TeamCast website and platform;
- TeamCast branding and logos;
- templates;
- editing processes;
- workflows;
- training materials;
- systems;
- technical documentation;
- pre-existing content;
- know-how; and
- other intellectual property owned or developed by TeamCast independently of Customer Content.
The Customer must not copy, reproduce, reverse engineer, modify or commercially exploit TeamCast intellectual property without TeamCast's prior written consent.
6.4 Edited Deliverables
Unless otherwise agreed, the Customer may use and publish the Edited Deliverables created for the Customer as part of the Services.
TeamCast retains ownership of its underlying editing processes, templates, systems and pre-existing materials incorporated into an Edited Deliverable.
7. Copyright and Third-Party Materials
The Customer warrants that it has all rights, licences and permissions necessary to provide Customer Content to TeamCast and to authorise TeamCast to use that content in providing the Services.
The Customer must not upload or provide:
- copyrighted music;
- photographs;
- video;
- recordings;
- artwork;
- trademarks;
- scripts;
- third-party content; or
- other material
unless the Customer has the necessary rights or permissions.
The Customer is responsible for any copyright, intellectual property or other claim arising from Customer Content supplied by the Customer.
8. Podcast Hosting and Third-Party Platforms
Where TeamCast distributes or publishes podcasts through third-party platforms or services, TeamCast cannot guarantee the availability, functionality, algorithms, policies, acceptance, rankings, search results or continued operation of those third-party services.
Third-party services may change their:
- terms;
- technical requirements;
- availability;
- distribution policies;
- content policies;
- functionality; or
- pricing.
TeamCast will use reasonable efforts to maintain the Services but is not responsible for outages, delays, restrictions or changes caused by third-party providers outside TeamCast's reasonable control.
9. Login Credentials and Account Security
The Customer is responsible for maintaining the confidentiality and security of login credentials and accounts connected with the Services.
The Customer must:
- use reasonable security measures;
- not share passwords unnecessarily;
- promptly notify TeamCast if credentials are compromised; and
- ensure that former staff or unauthorised persons no longer have access to Customer accounts.
TeamCast is not responsible for unauthorised access resulting from the Customer's failure to maintain appropriate account or device security, except to the extent caused by TeamCast's own breach of its obligations.
10. Support and Maintenance
TeamCast will provide reasonable technical support for troubleshooting issues associated with the Services during the Term.
Support may include:
- technical troubleshooting;
- assistance with podcast uploads;
- assistance with standard editing issues;
- platform support; and
- reasonable guidance regarding use of the Equipment.
Unless expressly included in the Customer's package, support does not include on-site technical attendance, hardware installation, network administration, third-party IT support or extensive training.
11. Privacy and Personal Information
11.1 Privacy
TeamCast may collect, store, use, process, host, disclose and transmit Customer Content and Personal Information where reasonably necessary to:
- provide the Services;
- support and maintain the Services;
- secure the Services;
- administer Customer accounts;
- improve the Services;
- prevent misuse;
- respond to requests;
- comply with legal obligations; and
- protect the rights, safety and security of TeamCast, the Customer and other persons.
TeamCast will not use Customer Content or Personal Information for unrelated commercial purposes without the Customer's consent, except where permitted or required by law.
11.2 Third-Party Providers
TeamCast may use reputable third-party providers, including:
- cloud storage providers;
- hosting providers;
- software providers;
- podcast platforms;
- IT providers;
- audio production services;
- subcontractors; and
- other service providers
where reasonably required to provide the Services.
Customer Content and Personal Information may therefore be stored or processed by those providers.
TeamCast will take reasonable steps to ensure that providers handling Customer Content or Personal Information are subject to appropriate confidentiality, privacy and security obligations.
11.3 Overseas Processing
Where Personal Information is disclosed to or processed by an overseas provider, TeamCast will take reasonable steps to comply with applicable privacy obligations concerning overseas disclosures.
11.4 Customer Privacy Responsibilities
The Customer is responsible for ensuring that its collection and disclosure of Personal Information to TeamCast is lawful and that it provides any notices or obtains any consents required by applicable privacy legislation.
11.5 Data Retention
TeamCast may retain Customer Content and Personal Information for as long as reasonably necessary to provide the Services, maintain backups, resolve disputes, meet legal obligations and protect its legitimate business interests.
Following termination, TeamCast may retain Customer Content for a reasonable transition and archive period before deletion, subject to legal requirements and any specific retention arrangements agreed with the Customer.
11.6 Data Breaches
TeamCast will take reasonable steps to protect Personal Information against misuse, interference, loss and unauthorised access, modification or disclosure.
If TeamCast becomes aware of a suspected security incident involving Customer Personal Information, TeamCast will take reasonable steps to contain and investigate the incident.
Where required by applicable law, TeamCast will notify the Customer and/or affected individuals and regulators.
The Customer must promptly notify TeamCast if it becomes aware of unauthorised access to Customer accounts, Customer Content or Personal Information connected with the Services.
12. Content Removal and Takedown Requests
The Customer must immediately notify TeamCast if:
- content is disputed;
- consent is withdrawn;
- a complaint is received;
- a participant or parent/guardian raises a concern;
- the Customer becomes aware of a privacy issue;
- the Customer becomes aware of a copyright or intellectual property issue;
- content may be defamatory or unlawful;
- a child-safety concern arises; or
- any other significant legal, safety, privacy or reputational issue arises.
TeamCast may temporarily remove or disable access to affected content while the matter is investigated or resolved.
Where reasonably practicable, TeamCast will consult with the Customer regarding the issue and proposed resolution.
13. Acceptable Use
The Customer must not use the Services to create, upload, store, publish or distribute content that:
- is unlawful;
- is defamatory;
- infringes intellectual property rights;
- breaches privacy rights;
- is discriminatory or hateful;
- contains unlawful harassment or bullying;
- is sexually explicit or otherwise inappropriate for a school environment;
- places children or vulnerable persons at risk;
- contains malicious code;
- is intended to interfere with the operation of the Services; or
- otherwise materially breaches these Terms.
TeamCast may suspend access to content where reasonably necessary to protect people, property, the Services or TeamCast's legitimate interests.
14. Fees and Payment
14.1 Fees
The Customer must pay the fees specified in the applicable quotation, order, package or agreement.
Unless otherwise stated, all amounts are in Australian dollars and are exclusive of GST.
Where GST is applicable, the Customer must pay the applicable GST in addition to the stated amount.
14.2 Payment Terms
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
Payment of an invoice does not prevent the Customer from raising a genuine dispute regarding an amount incorrectly invoiced.
14.3 Disputed Invoices
The Customer must notify TeamCast in writing within 7 days of receiving an invoice if it disputes an amount, providing reasonable details of the dispute.
The parties must act reasonably and in good faith to resolve the disputed amount promptly.
The Customer must pay any undisputed portion of an invoice by the due date.
14.4 Overdue Accounts
If an account remains overdue, TeamCast may provide written notice requiring payment.
If the overdue amount remains unpaid after reasonable notice, TeamCast may, to the extent permitted by law:
- suspend non-essential Services;
- suspend access to TeamCast platform features;
- delay additional editing or production work; or
- recover reasonable costs incurred in recovering overdue amounts.
TeamCast will not suspend Services where doing so would be unlawful or would prevent the Customer from exercising a non-excludable statutory right.
14.5 Pricing Changes
TeamCast may review its pricing from time to time.
Any price change applying to an existing Customer will be communicated in reasonable advance and will generally take effect at the commencement of a new pricing period or renewal period.
A price change will not affect fees already paid or agreed for a fixed period.
15. Term and Cancellation
15.1 Commencement
The Services commence on the date stated in the applicable quotation, order or agreement, or when TeamCast commences providing the Services if no commencement date is specified.
15.2 Ongoing Term
Unless otherwise agreed in writing, the Services continue on an ongoing basis.
15.3 Cancellation by Either Party
Either TeamCast or the Customer may terminate the Services by giving the other party 90 days' written notice.
Unless otherwise agreed, the Customer remains responsible for fees properly payable during the 90-day notice period.
15.4 No Early Termination Fee
No separate early termination fee applies merely because either party exercises its right to terminate under clause 15.3.
This does not affect amounts already due and payable or reasonable charges for additional services already authorised and performed.
16. Suspension and Termination for Cause
Either party may terminate the agreement immediately by written notice if the other party:
- commits a serious breach that cannot reasonably be remedied;
- commits a breach that can be remedied but fails to remedy it within a reasonable period after receiving written notice;
- becomes insolvent;
- ceases to operate;
- engages in unlawful conduct relating to the Services; or
- creates a serious and reasonably foreseeable risk to the safety of children, individuals, TeamCast personnel or the integrity of the Services.
TeamCast may temporarily suspend particular Services where reasonably necessary to address:
- serious security concerns;
- unlawful content;
- child-safety concerns;
- privacy issues;
- copyright disputes;
- serious misuse of the platform; or
- overdue accounts, subject to applicable law.
17. Consequences of Termination
On termination:
- the Customer must pay all outstanding amounts properly due;
- TeamCast will cease providing Services after the termination date, subject to any agreed transition arrangements;
- the Customer retains ownership of its Equipment;
- the Customer retains its Customer Content;
- TeamCast may retain copies of Customer Content where reasonably required for legal, backup, dispute-resolution or legitimate business purposes;
- the Customer should download or otherwise preserve any content it wishes to retain before the Services end; and
- clauses intended by their nature to survive termination will continue to apply.
18. Warranties
TeamCast will provide the Services with reasonable care and skill and in accordance with applicable law.
TeamCast does not warrant that:
- the Services will be uninterrupted;
- third-party podcast platforms will remain available;
- podcasts will achieve any particular audience, ranking or number of downloads;
- every recording will be technically suitable for professional editing;
- internet or cloud services will always be available; or
- third-party systems will operate without interruption.
Nothing in these Terms excludes or limits any guarantee, warranty or right that cannot lawfully be excluded or limited.
19. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation.
Consumer Guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Our goods also come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
20. Liability
To the maximum extent permitted by law, TeamCast will not be liable for loss caused by:
- the Customer's misuse of the Equipment;
- unauthorised use of Customer accounts;
- Customer Content;
- the Customer's failure to obtain required consent;
- third-party content supplied by the Customer;
- third-party platform outages;
- internet or telecommunications failures;
- loss of content caused by the Customer's failure to maintain appropriate backups;
- delays caused by information or material not supplied by the Customer; or
- events outside TeamCast's reasonable control.
Subject to applicable law, TeamCast's aggregate liability arising out of or in connection with the Services will not exceed the total fees paid or payable by the Customer to TeamCast during the 12 months preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot lawfully be limited or excluded.
Nothing in these Terms excludes liability for fraud or other liability that cannot lawfully be excluded.
21. Indemnity
To the extent permitted by law, the Customer indemnifies TeamCast against reasonable losses, claims, damages, liabilities and costs arising directly from:
- Customer Content infringing a third party's rights;
- the Customer failing to obtain required permissions or consents;
- unlawful publication or distribution of Customer Content by or on behalf of the Customer;
- the Customer's breach of applicable law;
- misuse of the Equipment by the Customer; or
- the Customer's material breach of these Terms.
The Customer is not required to indemnify TeamCast to the extent the relevant loss was caused by TeamCast's own negligence, wilful misconduct or breach of these Terms.
22. Force Majeure
Neither party is liable for delay or failure to perform obligations caused by events beyond its reasonable control, including:
- internet failure;
- cloud or platform outages;
- supplier failure;
- cyber incidents;
- illness;
- premises closure;
- government action;
- industrial action;
- extreme weather;
- natural disaster;
- power failure;
- pandemic;
- public health restrictions; or
- other events reasonably beyond the affected party's control.
The affected party will take reasonable steps to minimise the impact of the event and resume performance as soon as reasonably practicable.
23. Dispute Resolution
If a dispute arises, the parties will first attempt to resolve the matter through good-faith discussions.
A party raising a dispute should provide written details of the issue and the outcome it is seeking.
If the dispute cannot be resolved within a reasonable period, the parties may agree to participate in mediation before commencing court proceedings, except where urgent injunctive or other immediate relief is reasonably required.
Nothing in this clause prevents either party from exercising statutory rights or seeking urgent legal relief.
24. Changes to these Terms
TeamCast may update these Terms from time to time where reasonably necessary to reflect changes in law, technology, security requirements or the Services.
Where a change materially affects an existing Customer's rights or obligations, TeamCast will provide reasonable notice.
A material change will not apply retrospectively to rights or obligations that have already accrued.
Nothing in this clause permits TeamCast to unilaterally change an agreed fixed price or other material contractual term in a manner prohibited by applicable law.
25. Third-Party Providers and Subcontractors
TeamCast may engage third-party providers and subcontractors to assist with providing the Services.
TeamCast remains responsible for its contractual obligations to the Customer while using such providers, subject to the limitations and exclusions contained in these Terms.
26. Notices
Notices under these Terms must be provided in writing and may be sent by email to the Customer's nominated contact or TeamCast's nominated contact.
The Customer must ensure that TeamCast has current contact details for the Customer's authorised representative.
27. Assignment
The Customer must not assign or transfer its rights or obligations under these Terms without TeamCast's prior written consent, which will not be unreasonably withheld where the proposed transfer does not materially affect TeamCast's legitimate interests.
TeamCast may assign or transfer its rights and obligations as part of a genuine sale, restructure or transfer of its business, provided the Customer's substantive contractual rights are not materially reduced.
28. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, if it cannot be read down, severed.
The remaining provisions will continue to operate to the extent permitted by law.
29. Waiver
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
A waiver must be given in writing.
30. Entire Agreement
These Terms, together with any applicable quotation, order, proposal or written agreement between TeamCast and the Customer, constitute the agreement between the parties concerning the Services.
They replace any previous discussions or representations concerning the same subject matter to the extent permitted by law.
31. No Partnership or Agency
Nothing in these Terms creates a partnership, joint venture, employment relationship or agency relationship between TeamCast and the Customer.
Neither party has authority to bind the other unless expressly authorised in writing.
32. Governing Law
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the courts of Victoria and courts entitled to hear appeals from them, subject to any applicable rights under Australian law.
33. Acceptance
By signing an agreement, accepting a quotation, placing an order, clicking an acceptance button, paying an invoice or using the Services, the Customer confirms that it has had the opportunity to read these Terms and agrees to be bound by them.
TeamCast Contact Details
TeamCast
Website: www.teamcast.com.au
Phone: 1300 978 938
Email: team@teamcast.com.au
Privacy enquiries: team@teamcast.com.au
Postal address: C/O Free Agency, 12/1253 Nepean Highway, Cheltenham, Victoria 3192
Important Documents
The following documents may apply in addition to these Terms:
- TeamCast Privacy Policy
- TeamCast Child Safety Statement
- Applicable quotation, proposal or order
- Any other written agreement expressly incorporated into the Customer's agreement with TeamCast.
Where these documents impose additional obligations, the Customer agrees to comply with them to the extent applicable.
Questions about this document? Email team@teamcast.com.au or call 1300 978 938.