Terms and Conditions
Effective 1 June 2021
Application of Terms and Conditions
These Terms and Conditions apply to and are incorporated into all quotes, scope of works, agreements, arrangements, transactions, and dealings entered into by We Make Online Videos with any Customer in relation to the provision of Services by We Make Online Videos.
All work carried out by We Make Online Videos is on the basis that the Customer has agreed to these Terms and Conditions.
If in any case, the quote or scope of work varies from the terms and conditions, then the terms of this Agreement will prevail.
Quote estimates are calculated based on the brief supplied by the Customer and how long it will take to deliver the services. Three rounds of customer changes and/or revisions are included in each quotation.
In some instances, the quotation may require additional resources and/or additional time due to unforeseen circumstances. In the event additional costs are required, we will advise you accordingly.
We Make Online Videos take no responsibility for extra costs due to reasons outside of our control. It will be assumed and accepted by the Customer that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.
If the Customer instructs, We Make Online Videos that significant changes and/or revisions to the scope of the Services described in a quotation are required, then We Make Online Videos shall be entitled to charge an additional Agree Fee based on an additional quotation.
We Make Online Videos may require the customers to supply digital assets to complete the Project and provide timely feedback on revisions with accurate instructions concerning the Project.
If a project cannot be completed due to a delay in feedback from the Customer, We Make Online Video reserves the right to invoice for hours completed on the Project. For the purpose of the clause, a delay means in excess of 8 weeks.
The Customer will pay We Make Online Videos the Agreed Fee in the following manner:
A new customer or a project in excess of $10,000 will pay 50% of the Agreed Fee and payable within seven days of the invoice date.
The final balance of the Agreed Fee and additional charges, if any, will be invoiced once the project is completed and will payable within 15 days of the invoice date. Alternative terms must be confirmed in writing by both parties.
All amounts charged under the Agreement in connection with any Project shall be in the first instance, calculated exclusive of any GST.
Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for We Make Online Videos to film at a particular venue, location or event.
Talent Release Forms
It is the full responsibility of the client to provide all on-screen talent in any capacity with a ‘talent release’ form. This release form should be prepared and signed if the client plans to display video or image in public, online or offline, even if the recording/image is not used commercially.
The client is to ensure the release form is signed before production. The release form is unnecessary if the people in the recording can not be identified, such as in a distant crowd scene. We Make Online Videos are not liable for unauthorised use of a recording – voice or image by the client and its successors.
If the Customer has engaged, We Make Online Videos to provide Services on a specified date, and the Customer cancels the Services 48 hours prior to Production, a 50% payment of the agreed fee will be charged. Rescheduling the service within 48 hours, a 25% payment of the agreed fee will be charged.
The Customer may obtain Raw Footage from We Make Online Videos. There will be a small administration fee of $95 per hour to manage this process.
Limitation of Liability
The parties acknowledge that, under applicable 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 Customer 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, We Make Online Videos will not be liable for:
Any claim by the Customer 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 Customer, 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 We Make Online Videos in writing, and the liability of We Make Online Videos for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of We Make Online Videos for a breach of a Non-excludable Right can be limited, We Make Online Videos liability is limited, at We Make Online Videos 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, We Make Online Videos 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 Customer 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.
If We Make Online Videos 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 We Make Online Videos obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.