Client Vault Data Storage Terms and Conditions

These terms and conditions (Terms) apply to the Tellisto Client Vault keepsake storage service. Please read them carefully before you buy a keepsake. By ticking the consent box and paying for a keepsake, you agree to these Terms.

Your keepsake is provided by, and your contract is with, Tellisto (Rohan Hinton trading as Tellisto, ABN 53 050 194 779) (Tellisto, we, us or our). The offer to keep your Gallery may have appeared under your photographer’s name and branding, but the storage service is ours. You are contracting with us, not with your photographer.

This summary is a guide to help you understand the deal before you pay. It is not part of these Terms and has no legal effect. If anything in this summary differs from the numbered clauses below, the numbered clauses apply.

Who you are contracting with

Tellisto (Rohan Hinton trading as Tellisto, ABN 53 050 194 779), even though the offer may have appeared under your photographer’s name and branding. Tellisto is the merchant of record.

What you are buying

Annual archival storage of the full-resolution photos and videos in your Gallery, kept available for you to download while your keepsake is active. The storage size is shown at checkout.

Price

The annual price shown at checkout (which depends on the size of your Gallery). It is in Australian dollars and includes GST where GST applies.

Term and renewal

A one-year Term that renews automatically each year unless you cancel before the Renewal Date.

Renewal reminders

We send a reminder to your email before each renewal, at least 14 days beforehand, telling you the date, the amount and how to cancel.

Cancelling

You can cancel any time before the next renewal. If you cancel, you keep access until the end of the Term you have paid for.

Refunds

If you request a refund within 30 days of a payment, we refund it in full and cancel the keepsake. Cancelling later in a paid year does not attract a refund of the rest of that year, but your rights under consumer law are unaffected.

If a renewal is not paid

There is a Grace Period of 30 days with reminder emails, during which you can pay to reinstate or download your photos and videos. After that, your Archived Photos and Videos are deleted and cannot be recovered.

Where your photos and videos are stored

On infrastructure operated by Cloudflare, a company incorporated in the United States with a global network. We do not claim Australian or New Zealand data residency, and overseas laws (including United States lawful-access laws) may apply.

What we do not promise

We do not promise your photos and videos will be kept permanently, for life or forever. This is an annual service that you renew each year, and we recommend you also keep your own copies.

1. 1.1

   Your keepsake is a contract between you and Tellisto. Tellisto is the merchant of record for the keepsake and the party you are contracting with. Your Photographer is not a party to these Terms and is not responsible for providing the storage service.

2. 1.2

   The Client Vault is offered on a white-label basis, which means the offer, the emails and the related pages may carry your Photographer’s branding rather than ours. This does not change who provides the service or who you are contracting with.

3. 1.3

   These Terms, our Privacy Policy, and the details shown to you at checkout, together make up the agreement between you and us for your keepsake. The plain-language summary above is a guide only.

4. 1.4

   The Client Vault is separate from any other Tellisto product or service, including the platform your photographer uses to run their business. Those other products have their own terms, which do not apply to your keepsake.

1. 2.1

   In these Terms:

   ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

   Archived Photos and Videos means the full-resolution photos and videos in your Gallery that we store for you under your keepsake.

   Client Vault means the Tellisto keepsake data storage service described in these Terms.

   Consumer Guarantees means the guarantees that apply to the supply of the Client Vault to you and that cannot lawfully be excluded, including under the ACL and, for New Zealand consumers, the Consumer Guarantees Act 1993 (NZ).

   Gallery means the online gallery of photographs and videos delivered to you by your Photographer through the Tellisto platform, which your keepsake stores.

   Grace Period means the period described in clause 11.

   Photographer means the photography or videography business that delivered your Gallery and through whose branding the Client Vault was offered to you.

   Privacy Policy means the Tellisto privacy policy available at: https://app.tellisto.co/privacy, as updated from time to time.

   Renewal Date means the date each year on which your keepsake renews.

   Stripe means Stripe Payments Australia Pty Ltd and its related bodies corporate, the third-party provider that processes payments for your keepsake.

   Term means the current one-year period of your keepsake.

   you or your means the person who purchases or holds a keepsake.

2. 2.2

   In these Terms, unless the context requires otherwise:

   1. the singular includes the plural and the reverse;
   2. a reference to a document (including these Terms) is to that document as amended or replaced;
   3. a reference to legislation includes any amendment to or replacement of it;
   4. including and similar words are not words of limitation;
   5. headings are for convenience only and do not affect interpretation;
   6. A$ and dollars mean Australian dollars; and a reference to a clause is a reference to a clause of these Terms; and
   7. a reference to photography includes videography, a reference to a photographer includes a videographer, and a reference to a photograph includes a video.

1. 3.1

   The Client Vault is an annual service. While your keepsake is active, we store the full-resolution photos and videos in your Gallery and keep them available for you to view and download.

2. 3.2

   What we store is the set of full-resolution photos and videos in your Gallery as delivered to you by your Photographer. The amount of storage included is based on the size of your Gallery, which is shown to you at checkout.

3. 3.3

   You can download your Archived Photos and Videos at any time while your keepsake is active, and during any download window described in these Terms.

4. 3.4

   The Client Vault is an annual, renewable service. It is not a permanent, lifetime or perpetual service, and we do not promise to keep your photos and videos forever. Because no storage service can be guaranteed against every possible cause of loss, we recommend that you also keep your own copies of any photos and videos that matter to you.

1. 4.1

   To buy a keepsake, you must be at least 18 years old and able to enter into a binding contract, and you must be the person your Photographer has recorded as the recipient of the Gallery (or someone that person has authorised).

2. 4.2

   Before you buy, we ask you to confirm the email address your Photographer has on file for you. We send a one-time code to that address, and you enter the code to confirm it is you. This helps make sure the right person controls the keepsake.

3. 4.3

   You may give us a fallback contact email so we can still reach you about your keepsake if your main email address stops working. It is your responsibility to keep your contact details up to date, because we send renewal reminders, receipts and other important notices to the email address on file.

1. 5.1

   Before checkout, you are asked to tick a box confirming that you have read and accept these Terms and the Privacy Policy. You must accept both to buy a keepsake.

2. 5.2

   You agree to these Terms when you tick that box and complete payment. If you do not agree, please do not buy a keepsake.

1. 6.1

   The price of your keepsake is the annual amount shown at checkout, which depends on the size of your Gallery. Prices are in Australian dollars and include GST where GST applies.

2. 6.2

   Payment is processed by Stripe. When you pay, your card details are entered directly with Stripe and are not stored by us; we keep only a payment reference and your subscription status. Your use of Stripe to make payment is also subject to Stripe’s own terms.

3. 6.3

   You authorise us (through Stripe) to charge your chosen payment method for the initial payment and for each renewal, until your keepsake is cancelled in accordance with these Terms.

1. 7.1

   Your keepsake starts when your first payment is received and runs for one year.

2. 7.2

   At the end of each Term, your keepsake renews automatically for a further one-year Term, unless you cancel before the Renewal Date. We do this so that your photos and videos do not lapse by accident.

3. 7.3

   On each Renewal Date, we charge the payment method on file the price for the renewing Term. Unless we have told you otherwise, that price is our current price for a keepsake of your Gallery’s size. We tell you about any change to your price before it takes effect (see clause 8).

1. 8.1

   Before each Renewal Date, we send a reminder to your email address at least 14 days beforehand. The reminder tells you the Renewal Date, the amount we will charge, and how to cancel if you do not want to renew.

2. 8.2

   If we are going to change your renewal price, we tell you in that reminder (or otherwise give you at least 14 days’ notice) so that you can decide whether to continue or cancel before the change takes effect.

1. 9.1

   You can cancel your keepsake at any time before the next Renewal Date, using the manage or cancel link in your emails, or by emailing us at [email protected].

2. 9.2

   If you cancel, your keepsake will not renew and you will not be charged again. You keep access to your Archived Photos and Videos until the end of the Term you have already paid for.

3. 9.3

   At the end of a Term that you have cancelled, your Archived Photos and Videos are deleted following the same download window and process that applies when a renewal is not paid (see clause 11). We recommend you download your photos and videos before the end of your Term.

1. 10.1

   If you request a refund within 30 days after a payment (whether your first payment or a renewal), we will refund that payment in full and cancel your keepsake. Refunds are usually returned to your card within 3 to 5 business days, depending on your bank.

2. 10.2

   After a refund, your keepsake ends. We will tell you at the time either that your Archived Photos and Videos remain accessible, or that you have at least 30 days to download your photos and videos before they go offline.

3. 10.3

   If you cancel later than 30 days into a Term, you are not entitled to a refund of the remainder of that Term, but you keep access until the end of the Term you have paid for.

4. 10.4

   Nothing in this clause limits any right you have to a refund or other remedy under the Consumer Guarantees or other laws that cannot be excluded (see clause 14).

1. 11.1

   If we are unable to take a renewal payment, we will try again and send you reminder emails over the Grace Period, which runs for 30 days from the Renewal Date.

2. 11.2

   During the Grace Period, your Archived Photos and Videos stay in place. You can update your payment details to reinstate your keepsake, or download your Archived Photos and Videos.

3. 11.3

   If the renewal has not been paid by the end of the Grace Period, your keepsake ends and your Archived Photos and Videos are deleted. We will have warned you before this happens.

4. 11.4

   Deletion is permanent. Once your Archived Photos and Videos have been deleted, we cannot recover them, so please make sure you have downloaded anything you want to keep before the end of the Grace Period.

5. 11.5

   This is the lifecycle we operate for non-payment. We build our systems to match it, so that you always receive reminders and a Grace Period before any deletion.

1. 12.1

   You can download your Archived Photos and Videos at any time while your keepsake is active, and during any Grace Period or download window described in these Terms.

2. 12.2

   Because your keepsake is an annual service and photos and videos are deleted if it is not renewed, we recommend you keep your own copies of your photos and videos as well.

1. 13.1

   We take reasonable care and use reasonable skill to keep your Archived Photos and Videos backed up and available to you while your keepsake is active.

2. 13.2

   We do not promise that your photos and videos can never be lost, damaged or become unavailable. No storage service can guarantee that, and events outside our reasonable control can occur. This is one of the reasons we recommend you also keep your own copies.

3. 13.3

   Your Archived Photos and Videos are stored on infrastructure operated by Cloudflare, a company incorporated in the United States with a global network. We do not claim that your photos and videos are stored only in Australia or New Zealand, and we do not claim Australian or New Zealand data residency. Laws of other countries, including United States lawful-access laws, may apply to that infrastructure. Our handling of your information, including this overseas storage, is explained in our Privacy Policy (see clause 18).

4. 13.4

   We take reasonable steps to protect your Archived Photos and Videos from misuse, loss and unauthorised access. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.

1. 14.1

   Our services to you come with guarantees that cannot be excluded under the ACL. 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.

2. 14.2

   If you are a consumer in New Zealand, the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) apply to our supply of the Client Vault to you, and nothing in these Terms limits or affects any right or remedy you have under those Acts that cannot be excluded.

3. 14.3

   Nothing in these Terms excludes, restricts or modifies the Consumer Guarantees or any other right or remedy you have under a law that cannot be excluded. If a term of these Terms is inconsistent with such a law, that law prevails to the extent of the inconsistency, and the term is read down (or, if it cannot be read down, severed) accordingly.

1. 15.1

   Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including our liability under the Consumer Guarantees, under the ACL, under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ), or for fraud or for death or personal injury caused by our negligence.

2. 15.2

   Subject to clause 15.1, and to the extent permitted by law, we are not liable for any loss or damage that: was not reasonably foreseeable; results from events outside our reasonable control; or you could reasonably have avoided, including by keeping your own copies of your photos and videos as we recommend.

3. 15.3

   Subject to clause 15.1, and to the maximum extent permitted by law, our total liability to you in connection with your keepsake (whether in contract, tort including negligence, under statute or otherwise) is limited to the amount you paid us for your keepsake in the 12 months before the event giving rise to the liability.

1. 16.1

   There are two separate relationships. Your relationship with your Photographer (for the shoot and the photos and videos) is a matter between you and them. Your keepsake (for storage of your Archived Photos and Videos) is a matter between you and us. We are not a party to your contract with your Photographer, and your Photographer is not a party to these Terms.

2. 16.2

   Your keepsake is independent of your Photographer’s account with us. If your Photographer stops using Tellisto or closes their account, your keepsake continues for as long as you keep it, and your Archived Photos and Videos remain available at the same access point. Your Photographer leaving does not cause your photos and videos to be deleted.

3. 16.3

   Your Photographer may receive a share of the amount you pay for your keepsake. This does not change the fact that your contract for storage is with Tellisto, or affect your rights under these Terms.

1. 17.1

   Your keepsake is personal to you. Apart from what this clause allows, it cannot be transferred to anyone else without our consent, and we will not withhold that consent unreasonably.

2. 17.2

   You can give us the name and contact details of someone you would like us to deal with about your keepsake if you die or you become unable to manage it yourself. You can give us those details, or change them, at any time by emailing us at [email protected].

3. 17.3

   If you die, and the person you have nominated, or your executor or administrator, contacts us and gives us reasonable evidence of their authority, we will deal with them about your keepsake. At their request, and so far as we reasonably can, we will give them a reasonable period to download your Archived Photos and Videos, transfer the keepsake into their name so that it can continue, or cancel the keepsake.

4. 17.4

   If nobody contacts us, your keepsake simply continues to renew for as long as the payment method on file keeps working, and if a renewal is not paid, the Grace Period and deletion process in clause 11 applies. We have no way of knowing that a keepsake holder has died unless someone tells us, so if you want your photos and videos to be available to someone after your death, the practical steps are to nominate a contact under this clause and to make sure that person knows your keepsake exists.

1. 18.1

   We handle personal information in accordance with our Privacy Policy, which forms part of your agreement with us. Your photos and videos are personal information, and may include images or videos of other people.

2. 18.2

   Our Privacy Policy explains what we collect, how we use it, and how we handle overseas storage and disclosure, including the storage described in clause 13.3. Please read it before you buy a keepsake.

1. 19.1

   We may change these Terms where it is reasonably necessary to do so to reflect a change in the Client Vault or its features, in our third-party providers, or in the law, or to protect the security or proper operation of the Client Vault. We will give you reasonable prior notice, by email, of any change to these Terms that is more than minor or administrative, before it takes effect.

2. 19.2

   Changes take effect from your next Renewal Date, or from the date stated in our notice, whichever is later. If you do not accept a material change, you can cancel your keepsake before the change takes effect, and clauses 10 and 11 will apply.

1. 20.1

   We may decide to stop offering the Client Vault, or to close it down. If we do, we will give you reasonable notice by email (at least 90 days), a reasonable period during which you can download your Archived Photos and Videos, and a refund of the unused portion of any prepaid Term, calculated on a pro-rata basis.

2. 20.2

   This clause is about us discontinuing the service. It is separate from your Photographer leaving, which is dealt with in clause 16.2.

1. 21.1

   We may suspend or end your keepsake if you seriously or repeatedly breach these Terms, use the Client Vault unlawfully, or where we are required to do so by law or by a court, regulator or law enforcement agency.

2. 21.2

   Where it is reasonable and lawful to do so, we will give you notice and an opportunity to download your Archived Photos and Videos before your keepsake ends under this clause.

1. 22.1

   These Terms are governed by the laws of New South Wales, Australia. If you are a consumer in Australia, you and we submit to the non-exclusive jurisdiction of the courts of New South Wales. If you are a consumer in New Zealand, nothing in these Terms prevents you from bringing proceedings in New Zealand or affects your rights under New Zealand law that cannot be excluded, and those laws apply to you to the extent they must.

2. 22.2

   We may transfer our rights and obligations under these Terms to another entity, including on a sale or restructure of our business (such as the transfer of the business to Tellisto Pty Ltd). If we do, your keepsake continues on the same terms and your rights are not reduced. You may not transfer your keepsake to anyone else without our consent, which we will not withhold unreasonably, and clause 17 explains what happens if you die.

3. 22.3

   We give you notices by email to the address on file for your keepsake. You can contact us at [email protected].

4. 22.4

   If any part of these Terms is found to be invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the rest of these Terms continues to apply.

5. 22.5

   A failure or delay by us in exercising a right under these Terms is not a waiver of that right.

6. 22.6

   These Terms, together with the Privacy Policy and the details shown to you at checkout, are the entire agreement between you and us about your keepsake, and replace any earlier statements or representations about it.

1. 23.1

   If you have any questions about your keepsake or these Terms, contact us at [email protected].