GENERAL TERMS & CONDITIONS

You = The Client

We/Us = Venaii Creative & Co

Quotations

Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate and costs involved to carry out the services. If you instruct us that significant changes and/or revisions to the scope of the Services described in a quotation are required then we shall be entitled to charge an additional fee based on a further quotation.

 

Creative Brief

Briefs will document what you must provide before the job begins and what Venaii Creative & Co is responsible for. Please complete our brief prior to commencement; this will be the outline for the project. After the work has commenced, additional fees may be incurred for significant client changes to the original brief. These changes must be approved in writing by Venaii Creative & Co. In cases of smaller jobs where a brief has not been completed, that which has been confirmed in writing e.g. through email constitutes the basis of the work.

Supply of materials

You must supply all materials and information required by us for us to be able to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed or digital material. Where there is any delay in supplying these materials to us, before or during the project, leading to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed and costs incurred.

Sub-Contracting

Venaii Creative & Co reserves the right to sub-contract any services that we have agreed to perform for the you as we see fit.

Project Delays and Liability

Any estimate of the date by which Venaii Creative & Co will complete any part of the services is contingent upon you providing complete instructions and required materials to Venaii Creative & Co and fully cooperating with us until we have ceased providing services to you and/or the project is completed.

 

You must appoint a person who has complete authority to provide instructions to Venaii Creative & Co and respond to requests for feedback until we have ceased providing services to you. The person appointed must be available to respond to communications from Venaii Creative & Co in a timely manner. Venaii Creative & Co cannot be held liable for project delays which are caused by lack of communication on behalf of you as the Client, or an Act of God or equipment failure, or any other reason not directly the fault of Venaii Creative & Co.

Client’s Materials

All materials are used and stored by Venaii Creative & Co solely at your risk and Venaii Creative & Co is under no obligation to insure any materials. Neither Venaii Creative & Co nor any of its officers, employees, agents or sub-contractors 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; Venaii Creative & Co 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 Venaii Creative & Co even though such person is present during and involved with the performance of the Services; and you must retain a master copy of all materials delivered to Venaii Creative & Co for the purpose of the Project.

Disposal

Raw Footage, photo or video files, designs, fonts, info, audio files and edited 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, Venaii Creative & Co reserves the right to dispose of all Raw Footage, photo or video files, audio files, edited video files, recorded materials and finished works.

Privacy

All information received by Venaii Creative & Co from you, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without your consent.

Variations, Approvals and Proofing

Once you have approved or supplied the Brief/Script/Storyboard, and deposits have been paid, Venaii Creative & Co will commence the project. 

After design creation or video editing we will provide you with a draft edit of the work for approval. You must then within notify us within seven (7) days, that the work(s) or part thereof is approved or list all proposed tweaks/changes. Once these have been made, we will provide you with a ‘final draft’ which is to be used solely for the purpose of verifying that the supplied tweaks have been correctly implemented. If they haven’t been implemented correctly then we will tweak until you are satisfied. See section on Tweaks for more information.

You must notify us of any errors in the draft copy within seven (7) days. Once the seven (7) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed without notice from the client, we may refuse to make any further tweaks and will issue the final Invoice due immediately.

Once you have approved any tweaks or changes of any part or all of the project or video, additional tweaks/changes will not occur unless you purchase another revision.

You acknowledge that some tweaks or changes may not be possible.

Tweaks

Are minor adjustments to the approved script or design brief. A tweak is a slight adjustment to the design or video edit, it could comprise of: removing or replacing a picture or piece of video, changing an edit point, change of colour, a minor change in a title. These are usually given at no cost as long as the original approved script/ brief or storyboard is adhered to.

Depending on the project, you have up to two rounds of tweaks included. Please refer to the quote or invoice for the number of tweaks included in your project(s).

Changes

Changes are variances from the supplied or agreed script or brief. Changes requested by you are liable to an hourly charge from Venaii Creative & Co and a quote/price estimate will be issued for additional changes.

A Change is: new order of edit points, new footage, new text, a new voice over and generally anything that is new to the supplied script/brief or story board.

Any changes that are required after the job has been finalised and delivered will incur an additional fee.

Payment Policy

A 50% deposit is payable on acceptance of the quote. Payment is due within 7 days of receiving our invoice and work will not commence until payment has been received.

 

The deposit is non-refundable unless the project is terminated before Venaii Creative & Co has commenced work and is  terminated a minimum of 7 days prior to scheduled commencement. The deposit is refundable if Venaii Creative & Co have not fulfilled the obligations to deliver the work required under the agreement. Under either of these circumstances Venaii Creative & Co reserves the right to retain an administration fee of $115 to administer the refund.

The balance is payable on completion before delivery. If you have not responded within 7 days with changes or supplied media required for Venaii Creative & Co to complete the project, the balance of the invoice will be due immediately. 

Payments can be completed by bank transfer or by Stripe. Stripe payments incur an additional charge from Stripe that is added to the invoice amount and displayed at the time of transaction.

Schedule

We schedule each job with an allotted time frame as we work towards a due date. All communications must be handled in a timely manner to avoid additional fees and cost overruns. We value our clients time and seek to avoid other job and production times being affected or delayed.

Delivery Of Final Product

We require payment in full before final delivery of product to you unless other arrangements have been entered into.

Intellectual Property

The raw footage, designs, videos, photos and materials remains the property of Venaii Creative & Co and is not released to you. You will receive final edits in your preferred file format for your use.

The final edit of the project may be included on the Venaii Creative & Co website and/or featured on the “our work” page or other Portfolio collections. Photos and video taken during your shoot, and video edits, may also be used by Venaii Creative & Co for promotion. Please let us know if you wish to opt out.

Client Acknowledgements

You acknowledge and agree that: Venaii Creative & Co will have a lien on Materials provided by you; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Venaii Creative & Co will be transferred to you until you pay all amounts due to us in full. You acknowledge and agree that upon payment of all outstanding invoices due to us, You are entitled to receive the finished works, but have no entitlement to the working files of Venaii Creative & Co. You acknowledge and agree that the content, views and opinions expressed in the finished works produced for you by Venaii Creative & Co are solely those of you (The Client). The finished works are intended to represent the opinion of you (the Client) and in no way reflect the views and opinions of Venaii Creative & Co, its employees and subcontractors. You indemnify and hold Venaii Creative & Co harmless from any claims or legal actions related to the content of the work provided to you by Venaii Creative & Co or any employees or subcontractors engaged for the project.

Limitation of Liability

The parties acknowledge that, under applicable Australian 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, Venaii Creative & Co will not be liable for: Any claim by the Client or any other person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom, usage or otherwise; and Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Venaii Creative & Co in writing, and the liability of Venaii Creative & Co for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of Venaii Creative & Co for a breach of a Non-excludable Right can be limited, Venaii Creative & Co’ liability is limited, at Venaii Creative & Co’ option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again. Notwithstanding any other provision, Venaii Creative & Co 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: Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

Failure of equipment or illness of Venaii Creative & Co employees and contractors

Whilst all reasonable care and preparation is taken for all work provided, we will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Venaii Creative & Co or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

Force Majeure

If Venaii Creative & Co cannot carry out an obligation under the initial agreement 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 Venaii Creative & Co’ obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.

Right of Refusal or Termination

Venaii Creative & Co reserves the right to terminate the provision of Services if: any person(s) employed or contracted by Venaii Creative & Co is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged. If Venaii Creative & Co terminates the provision of Services then any Deposit paid by the Client is non-refundable. Venaii Creative & Co may seek compensation from the Client for any loss or damage suffered. 

Cancellation

If you wish to cancel at any time after accepting a quote, any deposits paid to us are not refundable. If no deposit has been paid and work has commenced, then you will be liable for at least 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed the deposit paid, further payments from you may be liable.

Legal Costs

You will be liable for any legal costs incurred by us in the recovery of unpaid invoices on an indemnity basis.

Amendment

Venaii Creative & Co reserves the right to amend these Terms and Conditions at any time.

© 2019 VENAII CREATIVE & CO