Video Terms & Conditions

1. DEFINITIONS

In these terms and conditions, unless the context otherwise requires:

1.1 Consumer
means any individual who acquires Ivory Media’s services wholly or predominately for personal, domestic or commercial use.

1.2 Client
means any person or entity requesting Ivory Media to provide Services.

1.3 Ivory Media
means Ivory Media Pty Ltd (ABN 53 611 524 451) of 30/66 Chandos St, St Leonards NSW 2065.

1.4 Agreed Fee
means the fees estimated by Ivory Media in any quotation once accepted by the Client.

1.5 Materials
means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Client to Ivory Media for the purposes of Ivory Media supplying the Services.

1.6 Raw Footage
means master footage recorded by Ivory Media as part of provision of the Services.

1.7 Services
means video pre-production, production and/or post production services.

2. APPLICATION

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Ivory Media with any Client in relation to the provision of Services by Ivory Media. All work carried out by Ivory Media is on the basis that the Client has agreed to these Terms and Conditions.

3. OWNERSHIP

The raw footage is not provided to The Client unless agreed otherwise in writing. The Premiere Pro timelines, After Effects, Photoshop, Final Cut, Audition are Ivory Media’s intellectual property and are not supplied.

The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Ivory Media until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, Ivory Media reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes. Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Ivory Media will remain the property of the author or legal entity owning the copyright.

4. SPECIAL PROVISIONS FOR OWNERSHIP

Ivory Media reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Ivory Media. Ivory Media has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Ivory Media and the Client. The copyright of such segments will belong exclusively to Ivory Media.

5. BACKUPS

Ivory Media will keep backups of your project after completion for a period of up to twelve months.

6. DISPOSAL

Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, Ivory Media reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

7. STAGNATING PROJECTS

Any estimate of the date by which Ivory Media will complete any part of the Services is contingent upon the Client providing complete instructions to Ivory Media and fully cooperating with Ivory Media until Ivory Media has ceased providing Services to the Client. The Client must appoint a person who has complete authority to provide instructions to Ivory Media and respond to requests for feedback until Ivory Media has ceased providing Services to the Client. The person/s appointed must be available to respond to communications from Ivory Media within a reasonable turnaround time, or else project milestones cannot be met.

After 1 month of inactivity from The Client, Ivory Media will invoice for file storage, at a cost of $150 + gst per 500Gb (or part thereof), per business week of inactivity (or part thereof).

Projects that do not progress due to a lack of activity from The Client will be disposed of, deleted or erased after (3) months of inactivity or non-payment of file storage fees on the first invoice due date.

8. RAW FOOTAGE

If the Client requires any Raw Footage to be provided, then the Client must pay Ivory Media an additional fee.

9. FILMING ON LOCATION

A day of filming includes up to 2 hours of travel (from St Leonards NSW to the location and back) and up to 8 hours on location. Our production time starts from the moment our vehicle arrives at your location (e.g. if access to parking in your area takes 30 minutes, that time is considered production time).

Overtime starts after 8 hours and is calculated at 150% of our current hourly rate.

10. FAILURE OF EQUIPMENT OR ILLNESS OF IVORY MEDIA EMPLOYEES AND CONTRACTORS

In the event that Ivory Media experiences a failure of equipment, technological systems, or an unforeseen illness affecting its employees or contractors, Ivory Media will make all reasonable efforts to mitigate the impact on project timelines and deliverables. However, Ivory Media shall not be held liable for any direct or indirect damages, losses, or delays arising from such events.

Ivory Media will promptly notify the Client of any such occurrence and will work with the Client to develop a revised timeline or alternative solutions to minimise disruption to the project. In the case of an illness affecting key personnel, Ivory Media reserves the right to substitute appropriately qualified individuals to ensure the continuation of project work.

The Client acknowledges that unforeseen events, including equipment failures and illnesses, can occur despite best efforts, and agrees to hold Ivory Media harmless from any claims, liabilities, or expenses arising from such events.

11. OUT OF BUSINESS HOURS, WEEKENDS AND PUBLIC HOLIDAYS

The following applies for pre-production, production and post production work. Unless otherwise agreed in writing.

11.1 Working hours prior to 7am (where our presence on location is required before 7am) and after 7pm (where our presence on location is required after 7pm) incur a surcharge which is calculated at 150% of the applicable hourly rate.

11.2 Filming hours on weekends incur a surcharge which is calculated at 150% of the applicable hourly rate.

11.3 Filming hours on public holidays incur a surcharge which is calculated at 200% of the applicable hourly rate.

12. YOUR RESPONSIBILITIES

You must do all things reasonably necessary, and supply Ivory Media in a timely fashion with all materials reasonably required by Ivory Media, in order for Ivory Media to perform the services. This may include without limitation supplying copy, photographs and other visual or audio-visual material, and if required, performing sub-editing and copywriting.

Without limiting Ivory Media’s rights under this agreement, if Ivory Media is unable to complete any services because of the Clients actions or omissions, or if the Client instruct Ivory Media to cease or postpone any work, Ivory Media may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.

Ivory Media accepts no responsibility for errors that the Client do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which the Client or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by the Client after sign-off.

13. VENUE LOCATION FEES & PERMISSIONS
Unless otherwise agreed in writing, The Client must obtain any necessary consent or permission and pay any fees which may apply for Ivory Media to film at a particular venue, location or event.

14. POST PRODUCTION AMENDMENTS

A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of 2 rounds of amendments applies.

Ivory Media will provide the Client with ‘version one (1)’ of an initial edited video file. The Client must notify Ivory Media of all proposed changes within seven (7) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments.

Once the proposed changes have been made, Ivory Media will provide the Client with the ‘version two (2)’. The Client must notify Ivory Media of all proposed changes within seven (7) days of receipt of the draft copy, constituting ‘round two (2)’ of amendments.

Once the proposed changes have been made, Ivory Media will provide the Client with the final version in the agreed format, or the ‘version three (3)’, which follows the same procedure as previous rounds.

Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable post production hourly rate and added to the final invoice. Please be aware each round of amendments (even for a short sequence) takes a considerable amount of time to check, render & upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required.

15. ARTISTIC LICENCE

The Client acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Ivory Media reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Ivory Media on request (see ‘post production amendments’ above)

16. SUB-CONTRACTING

Ivory Media reserves the right to sub-contract any Services that Ivory Media has agreed to perform for the Client as it sees fit.

17. TERMS OF USE OF VIDEO BY THE IVORY MEDIA

Unless otherwise specified in writing, Ivory Media reserve the right to use the raw footage and final edit(s) for their own marketing purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.

18. RIGHT OF REFUSAL OR TERMINATION

Ivory Media reserves the right to terminate the provision of Services, if:
18.1 the videographer, or any person(s) employed or contracted by Ivory Media is placed in a position where there is an actual or apparent risk of injury or danger; or

18.2 there is a risk that any of the equipment used may be damaged.

If Ivory Media terminates the provision of Services, then any Deposit paid by the Client may be non-refundable. Ivory Media may seek compensation from the Client for any loss or damage suffered.

19. LIMITATION OF LIABILITY

The parties acknowledge that, under NSW State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).

Except to the extent of Non-excludable Rights, Ivory Media will not be liable for:

19.1 Any claim by the Client or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom, usage or otherwise; and

19.2 Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Ivory Media in writing, and

19.3 the liability of Ivory Media for any such matters is hereby excluded.

Where (and to the extent) permitted by law the liability of Ivory Media for a breach of a Non-excludable Right can be limited, Ivory Media’s liability is limited, at Ivory Media’s option, to one of the following:

19.4 The supply of the service again; or

19.5 Payment for the cost of having the services supplied again.

Notwithstanding any other provision, Ivory Media is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Client for:

19.6 Any increased costs or expenses;

19.7 Any loss of profit, revenue, business, contracts or anticipated savings;
19.8 Any loss or expense resulting from a claim by a third party;

19.9 or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

20. FORCE MAJEURE

If Ivory Media cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Ivory Media’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

21. CANCELLATION

If the Client has engaged and confirmed Ivory Media to provide Services on a specified date, the Client may notify Ivory Media in writing (during normal business hours) that the Client does not require the Services to be provided on that date (“the cancellation”). If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.

A booking is ‘tentative’ until it is ‘confirmed’ in writing by Ivory Media or the Client. If required, Ivory Media will seek confirmation in writing for a booking to be ‘confirmed’ after which the date will be released if no confirmation is received within 24 hours from the Client.

21.1 If the cancellation is made more than 20 days prior to the day on which Ivory Media has been engaged to provide the Services, the Client must reimburse Ivory Media for any expenses incurred by Ivory Media in preparation for provision of the Services.

21.2 If the cancellation is made between 20 days and 9 days prior to the day on which Ivory Media has been engaged to provide the Services, the Client must pay 50% of the Agreed Fee.

21.3 If the cancellation is made between 8 days and 48 hours prior to the day on which Ivory Media has been engaged to provide the Services, the Client must pay 75% of the Agreed Fee.

21.4 If the cancellation is made within 48 hours of the time at which Ivory Media has been engaged to provide the Services, the Client must pay the Agreed Fee in full.

21.5 If the cancellation is made while Ivory Media is providing Services to the Client, the Client must pay the Agreed Fee in full. Any amount payable must be paid by the Client within 14 days of the cancellation.

22. CLIENT MATERIALS

All Materials are used and stored by Ivory Media solely at the Client’s risk and Ivory Media is under no obligation to insure any Materials. Neither Ivory Media nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; Ivory Media will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Ivory Media even though such person is present during and involved with the performance of the Services; and The Client must retain a master copy of each and every recording delivered to Ivory Media for the purposes of the Contract.

23. CLIENT ACKNOWLEDGEMENTS

The Client acknowledges and agrees that: Ivory Media will have a lien on Materials provided by the Client; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Ivory Media will be transferred to the Client until the Client pays all amounts due to Ivory Media in full. The Client acknowledges and agrees that upon payment of all outstanding invoices due to Ivory Media, the Client is entitled to receive the finished works, but has no entitlement to the working files of Ivory Media. The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by Ivory Media are solely those of the Client. The finished works are intended to represent the opinion of the Client and in no way reflect the views and opinions of Ivory Media, its employees and subcontractors.

24. CLIENT UNDERTAKINGS AND WARRANTIES

The Client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Client video. The Client indemnifies and holds Ivory Media harmless from any claims or legal actions related to the content of the Client’s video. The Client hereby indemnifies and holds harmless Ivory Media against all loss, damage, costs or expenses suffered or incurred by Ivory Media.

25. QUOTATIONS

All efforts are put into providing accurate quotes for video productions. Some video productions, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) weather, venue availability etc. In the event additional costs are required, we will advise you as soon as possible. Ivory Media take no responsibility for extra costs due to reasons outside of their control. It will be assumed and accepted by The Client that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.

26. CLIENT PAYMENT

All reasonable disbursements and out-of-pocket expenses (such as parking) incurred by Ivory Media in connection with the relevant work are added to the fees payable by Ivory Media and must be paid by you – i.e. we add these to the final invoice and are NOT included in the quotation.

Without limiting the foregoing, any estimates provided by Ivory Media for any stage of work will, unless expressly stated to the contrary, include an estimate of any reasonably foreseeable disbursements and expenses.

The disbursements and expenses incurred by Ivory Media may include, without limitation, those pertaining to copywriting, illustration, photographic and other services, models, film, processing, printing, materials, equipment, couriers, catering, on-line time, postage and sundries. Ivory Media may charge a reasonable agency fee on the cost of any “bought-ins”, in addition to that cost. “Bought-ins” may include without limitation disbursements for copywriting, illustration, photography, models, printing and other materials.
You acknowledge that third party suppliers may change their own fees or costing structure, in which case Ivory Media will endeavour where possible to revise any estimates accordingly, however you must pay the full amount of any disbursements incurred by Ivory Media.
Payment of video productions or products must be completed according to the terms, by EFT or Credit Card.

27. DEPOSITS

All work requires a 50% upfront payment, payable by EFT or Credit Card. Balance is due on delivery of the final product. We do not accept cheques.

28. LATE PAYMENT FEES AND LEGAL COSTS

All prices quoted are final unless otherwise stated, strictly payable as per the terms on the front of the invoice. In the event of payment not being received by us in full by the due date for payment, our late payment policy applies. This policy is clearly stated on all our formal quotations and invoices.

The charging of late payment penalties does not imply the granting of any extension of the credit terms above. The Client will be liable for any legal costs incurred by Ivory Media in the recovery of unpaid invoices on an indemnity basis.

29. POSTAGE & HANDLING

All postage & handling is charged on final invoice. Ivory Media takes no responsibility for items lost in the mail. It is the responsibility of The Client to request additional postage services, such as insurance and/or registered post.

30. TRANSACTING WITH IVORY MEDIA

All prices shown on this site are in Australian Dollars (AUD) and all transactions are conducted in Australian dollars.

we do not accept cheques

Payment by EFT:

Bank: Commonwealth Bank of Australia

Name: Ivory Media

BSB: 062 111

Account: 1107 4272

31. PRIVACY

All information received by Ivory Media from the Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.

32. OTHER MATTERS WHICH AFFECT THE CONTRACT

The laws of New South Wales apply to the Contract and the Client must bring any proceedings against Ivory Media in a New South Wales Court. If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable. Ivory Media is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for Ivory Media.

33. AMENDMENT

Ivory Media reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice. The most up to date copy of these Terms & Conditions are always available at: www.ivorymedia.com.au/video-terms

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