Between us, Greater Visuals “Videographer” and you, the “Customer”.
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. We have no desire to trick you into signing something that you might later regret.
We do however want what’s best for the safety of both parties, now and in the future.
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FREQUENTLY ASKED QUESTIONS
Can I have RAW Footage and Images?
Unless a quote or prior agreement is provided to deliver RAW footage and images, we do not provide them. Please note that RAW footage, images and other files do not represent the true quality of our work.
What happens if I or any of my team request work in addition to or outside of the scope that was initially agreed in the quote?
Any additional work outside of the scope of the initial quote will require a separate quote and agreement prior to commencement of work.
What is the time frame of us getting the first draft?
Unless otherwise agreed, our standard terms for delivering the first draft for review are 2-4 weeks after the shoot date.
For work that is urgently required, we will charge an urgency fee to complete the work within 1 week of the shoot date.
What are the payment terms?
We require a 50% non-refundable deposit to commence planning and pre-production and the 50% balance due before all finalised videos are delivered.
How long do you keep finalised video files?
Once the final project files are delivered, these will be archived in external storage for up to 3 months. Requests to re-send archived files will incur a fee.
What happens if we need to change something like a graphic after the project has ended?
Even something as seemingly simple as changing a name graphic can take up to 60 minutes because once a project is completed we archive everything. Further edit changes will be charged at our current rates – billed at $150 per hour with a minimum of charge of $150.
What is the difference between Major and Minor Edit Revisions?
A major revision round includes a half day of work (4-5 hours) and a minor revision round includes 1 hour of work.
Major revisions are defined as any significant changes to the narrative of the story: including editing of entire scenes, voice overs and Soundtrack. Minor revisions are defined as any minor rearrangement, removal, edit, or addition of footage or non-animated text.
When can we expect delivery of an updated video after revisions?
Our standard terms for delivering the updated video including revisions draft are 1-2 weeks after receiving revision notes from you or your team.
If multiple stakeholders are involved in giving feedback, it is up to your organisation’s one key point of contact to collate the feedback and input it into our Vimeo review system.
We kindly request your team to collate feedback within 1-2 weeks of delivering the updated videos
Any delays in revisions or changes to the project deliverables will push the schedule back, placing the project on hold until we hear from you. This will cause you to lose your slot in that phase of the production time-line. Once we do hear back from you with the information we require, we’ll do our best to prioritise your project by scheduling it into the next available slot.
What happens if we don’t hear back from you after sending the draft videos?
If no feedback or communication has been given within 4 weeks of the project being sent for revisions, the Project by the Client shall be deemed to be approved by the Client.
What if we need re-shoots?
If a re-shoot is deemed necessary by the client for any reason, we will provide a new quote including additional labour and resources required.
What happens if I want to add something new to the video while you’re creating it?
Whilst we like to be flexible and responsive to your needs, we also like to deliver what we promise within the time frames and budgets we have allowed. If your new idea is something you would like to add to your video but is not directly tied to your original objectives then we will suggest an updated cost estimate based in the extra work. This will require a new proposal.
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TERMS OF SERVICE (Summarised)
You and/or your company are hiring us (Greater Visuals) located at level 1/377 New South Head Rd, Double Bay NSW 2028 to produce the deliverables for the estimated total price as outlined in our proposal.
Of course, there’s a bit more to it, but we’ll get to that.
What Do Both Parties Agree To Do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for.
You agree to review our work, provide feedback and approval in a timely manner. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out within your proposal.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.
You are granted a specified number of Pre-Production revisions and Post Production revisions – please check your proposal for these revision round numbers. Additional rounds of major and minor revisions are billed at $150 per hour, with a minimum of charge of $150. Revisions will only be received from your organisation’s one key point of contact.
If multiple stakeholders are involved in giving feedback, it is up to your organisation’s one key point of contact to collate the feedback and input it into our Vimeo review system.
The reason for this is we cannot guarantee project completion and eliminate budget overrun if this is not strictly adhered to. Our goal is to deliver your project on time and within budget. We guarantee we can do this if the brief is signed off and we stick to it throughout the agreed schedule.
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission.
Authorising this project requires a signature at the end of your proposal.
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TERMS OF SERVICE (Detailed)
The parties have agreed that the videographer will provide to the customer those services set out in the schedule in accordance with the provisions of this agreement.
This agreement is governed by the laws of and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of this agreement:
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References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
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Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
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Grammatical forms of defined words or phrases have corresponding meanings;
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Parties must perform their obligations on the dates and times fixed by reference to the capital city of ;
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Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
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If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
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References to a party are intended to bind their executors, administrators and permitted transferees; and
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Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
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The parties agree to the supply the services specified in the schedule in accordance with the terms of this agreement.
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The videographer will commence the provision of the Services and book a shooting date once the Client executes and returns the Proposal and pays the initial deposit.
This agreement will commence on the execution hereof and will continue until terminated.
The videographer is an independent contractor not an employee, partner, joint venture partner or agent of the customer.
Neither the customer nor the videographer are required to deal with each other on an exclusive basis in relation to the services the subject of this agreement.
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The title to the video clips will pass to the customer on payment following delivery. The videographer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
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All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional charges, taxes, expenses, and fees or the costs of any changes.
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The final video file, edited photos and audio shall remain the property of videographer until full payment is made for the services. Where services remain unpaid or in the event that a final agreed payment is not made, the videographer reserves the right to withhold all recordings and finished works until such payment is made.
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The parties agree that no RAW/DNG files, footage or photographs shall be given under any circumstances.
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The videographer will endeavour to meet prearranged deadlines subject to 6 (e) below.
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The videographer shall not be liable for failure to perform any duty or obligation that the videographer may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, war, civil unrest and inevitable accident, inability to obtain labour or transportation, structural or environmental conditions, or any cause outside the reasonable control of the videographer.
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The client is solely responsible for securing permission from the site owner/operator for use of the production site as well as authority for videographer to set up all necessary production equipment and to conduct video graphic services and activities.
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The client will indemnify the videographer against any claims, made by the site owner/operator for any claims that may arise as a result of the client’s negligence and or lack of permission to conduct video graphic activities on the site.
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It is understood that the quality of the production is dependent upon adequate lighting, camera/microphone positions and other conditions not under the control of the videographer.
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It is understood that the quality of the production is dependent upon adequate lighting, camera/microphone positions and other conditions not under the control of the videographer.
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When the client requested by the videographer must remove any individuals, animals, pets, household goods or possessions during the treatment period.
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The videographer will not be held accountable for any damages to recorded footage, including any corruption of video files during the production. In the event of any corruption to the video, alternate re-shooting arrangements may be made.
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The client represents, warrants and covenants to the videographer that;
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Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the client content;
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to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties,
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The client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and
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The client shall comply with all laws and regulations as they relate to the Services and Deliverables.
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Client agrees to indemnify, save and hold harmless the Videographer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances the Videographer shall promptly notify Client in writing of any claim or suit;
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The videographer represents, warrants and covenants to the client that;
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will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.
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that except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of the videographer and/or its independent contractors,
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that the Final Deliverables are delivered to the client free title;
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the Final Deliverable provided by the videographer and subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties.
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In the event the Client or a third parties modifies or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of videographer shall be void.
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Except for the express representations and warranties stated in this agreement, the videographer makes no warranties whatsoever. The videographer explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.
The videographer will effect and maintain the following insurances, in an amount reasonably acceptable to the customer, to fully indemnify the customer against any and all sums that may become payable due to the actions of the videographer its employees and subcontractors during the currency of this agreement:
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A public liability insurance policy;
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A professional indemnity insurance policy;
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A workers compensation insurance for its employees;
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Comprehensive motor vehicle insurance in relation to any vehicle used by it in performing this agreement; and
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Any other insurance policies as reasonably required by the customer from time to time.
The videographer will provide to the customer a copy of a certificate of currency in relation to each insurance policy immediately on request by the customer.
If the sup videographer plier does not comply with the sup videographer plier’s obligations under this clause, the customer may effect the relevant insurance and recover the cost of doing so from the videographer.
The videographer will carry out its obligations hereunder in a proper and workmanlike manner and will follow any special instructions set out in the schedule.
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The videographer may from time to time subcontract any work hereunder to any third party.
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The videographer reserves the right to utilise its team of videographers, photographers, editors, and all other contractors both inside and outside of Australia to perform the work require to deliver the final products.
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The videographer will submit to the customer a valid tax invoices at intervals agreed in the schedule with all relevant records to enable the customer to verify the amount payable including any other information or documents reasonably required by the customer.
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The customer will pay the videographer’s tax invoices on their due date as set out in the schedule.
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Any additional expenses incurred by the videographer not pertaining directly to the production of the video, such as out-of-town accommodations, taxi rental, parking, shipping, will be added to the client’s invoice and is due and payable.
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The client must pay a 50% non-refundable deposit to secure the date and commence pre-production work,
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50% remaining balance work is completed but prior to final delivery of the Deliverables.
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All non-refundable deposits and/or total balances paid are non-refundable. No refunds will be given for any completed assignments, packages and products booked.
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All invoices are payable within 7 days of receipt. A monthly service charge of 10% is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance.
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Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment.
All productions and their related video footage will be kept on file by videographer for a maximum period of 3 months from the commencement date of production, unless otherwise agreed upon and expressed in writing prior to the commencement of production.
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The videographer will supply the services to the customer at the place and at the time set out in the schedule.
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Unless otherwise stated, we will provide the final video on an online drive (or USB if applicable) within the specified date of delivery.
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Throughout the draft and revision process, the video files will be watermarked and removed upon final delivery once full payment is made.
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The videographer will obtain signed confirmation of each delivery by the customer’s personnel.
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The client express permission to the videographer to alteration of items, persons, and animals within a location such as unnecessary clutter, unruly individuals and/or animals, pets.
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The videographer will not be liable for any damage or loss to equipment reallocated.
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If necessary, the videographer may move to a different and more ideal location, to ensure that the videographer produces a high-quality product within a controllable environment.
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If the client refuses or hinders the directions of the videographer then the videographer will not be responsible for the quality of the product and in certain instances the videographer may terminate the services.
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The videographer reserves the right to discontinue videotaping and photographing in any situation such as rain, extreme temperatures, and humidity, hazardous locations that could pose a risk to the safety of the crew or equipment.
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Unless otherwise provided in the Proposal, and except as otherwise provided for in this service agreement, the parties agree that the client shall pay additional charges for changes requested by client which are outside the scope of the Services on a time and materials basis, at the videographer’s standard hourly rate of $150 per hour.
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Such charges shall be in addition to all other amounts payable under the Proposal, and under this service agreement.
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The parties agree that such charges are payable despite any maximum budget, contract price or final price contained in this agreement.
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The videographer may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such changes requested by the client.
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The videographer will confirm the changes requested by the client in writing and the client will sign the requested changes and reply by electronic email approving the changes.
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In the event that the client requests or instructs changes that, is in the reasonable opinion of videographer, amounts to a revision of at least 15% per centum of the time required to produce the Deliverables, and or the value or scope of the Services, the videographer shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not commence on the revised services until a fully signed revised Proposal as well as any additional retainer fees are received by the videographer.
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The videographer will prioritise the performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time frame identified in the Proposal.
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The client acknowledges and agrees that the videographer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables.
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Any such delay caused by Client shall not constitute a breach of any term, condition or the videographer’s obligations under this Agreement.
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The Client must provide any feedback within four (4) weeks of receiving the draft Deliverable for review and feedback, including notifying the videographer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice must be sufficient to identify with clarity any objection, correction, change or amendment.
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Film shoots can be cancelled or postponed by the client, by providing a minimum of 7 days’ notice. If less than 7 days’ notice is provided, a cancellation fee to the value of 25% per centum of the total amount quoted for the production phase.
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The cancellation fee(s) will be added to the total project cost and will be payable prior to the delivery of the Final Deliverable.
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Notification of changes to any production must be supplied to the videographer in writing.
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The videographer reserves the right to postpone any shoot without penalty for reasons such as but not limited to crewmember illness, equipment failure or unfavourable weather conditions.
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If cancellation is due to a technical fault that results in the accidental loss or non- recording of unique, one-off footage, the videographer will return the client’s paid deposit. The Client agrees that no other claims will be made against the videographer, its staff, partners, associates or subcontractors.
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In providing the services set out in the schedule, the videographer must ensure that their personnel are trained, hold the appropriate licenses, comply with all laws regulations and the customer’s policies and observe health and safety standards and follow site rules for entry and conduct on site and follow the directions of the customer’s personnel whilst on site.
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The videographer must ensure that their personnel comply with all rules, regulations and good operating practices relating to loading, unloading and securing goods and the safe operation of vehicles, plant and equipment.
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The videographer will select music from its extensive pre-paid library. The client will need to pay any licensing or other fee that is required to obtain or maintain a licence for any music or other creative artistic work together with our own charge for handling and/or obtaining any relevant sub-licences.
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The videographer accepts no liability for any damages or penalties brought by unauthorised use of unlicensed music
The videographer will ensure that their personnel have the appropriate qualifications training and experience to perform their tasks competently and in a businesslike manner and that they will conduct themselves diligently with due skill and care.
The videographer will ensure that equipment used by it in the performance of its obligations hereunder is safe, fit for the work it is to undertake and is properly maintained during its operation under this agreement. The customer may on reasonable grounds reject the use equipment that does not meet these requirements.
As soon as becoming aware of an accident or serious incident each party shall inform the other and take such action as is necessary to deal with the situation. The party responsible will provide a detailed written report setting out the cause of the event and all other relevant information as soon as practicable after remedial, action has been taken.
This agreement expires and comes to an end on completion of the supply of services under this agreement.
In the event that the agreement is ongoing then without cause either party may terminate this agreement on 30 days written notice provided that work in progress is completed before the termination date.
If the videographer is in breach of this agreement, the customer must provide a written notice to the videographer specifying the breach and requiring the videographer to remedy the breach within seven days failing which the customer may immediately terminate this agreement by notice in writing
The customer may immediately terminate this agreement by written notice if the videographer commits a serious breach of any of its obligations, seriously damages the reputation of the customer, commits an act of dishonesty, fraud, or is charged with a criminal offence or wilfully neglects its obligations for the provision of the services the subject of this agreement.
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On expiry or termination of this agreement, the videographer will return all hard copies of any confidential information, and all other items of the customer’s property. Final accounts shall be prepared and settled.
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The expiry or termination of this agreement for any reason will be without prejudice to any rights or liabilities of the parties which have accrued prior to the date of expiry or termination.
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The customer may assign any rights or benefits under this agreement at any time.
The videographer may not assign any rights or benefits under this agreement without the customer’s prior written consent.
The existence and terms of this agreement and information provided in connection with its performance are confidential and the parties must treat this information confidentially. They must not, and must ensure that any person who with approval receives the information does not, disclose any of the information in any form to anyone else or use any of the information except to perform its obligations under this agreement.
This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
An amendment or variation to this agreement is not effective unless it is in writing and signed by all the parties.
If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
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Notification
The complainant must inform the respondent in writing of the following:
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The nature of the dispute;
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The outcome the complainant desires, and
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The action the complainant believes will settle the dispute.
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Endeavour to resolve dispute
On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.
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Mediation
Any unresolved dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation under the Mediation Rules of the Resolution Institute.
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Survival of this clause
This clause survives termination of this agreement.
Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.
A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
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Delivered personally; or
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Posted to their address when it will be treated as having been received on the second business day after posting; or
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Faxed to their facsimile number when it will be treated as received when it is transmitted; or
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Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
This agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.
Each party will pay their own costs in relation to this agreement.