Our quote constitutes an offer by The Hive Post Production Pty Ltd (“We” or “Us”) to the buying party named above (“You”) to deliver the final video masters, not including any working files or other work created by Us (“Product”). The offer made in Our quote is subject to the terms and conditions below and is governed by the laws of New South Wales.
Disclaimer
Graphic design, photography, videography, motion graphics, animation, editing, marketing and related services are all highly creative and subjective art forms. As such, We take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however We cannot be held responsible for variations between expectation and outcome.
Acceptance
You may accept Our offer by providing Us with an official purchase order or other written confirmation, including by email, asking Us to proceed. We will confirm in writing to You that production has commenced. On acceptance, a legally binding contract is formed between You and Us.
Validity
Our quote is valid for 30 days from the Quote Date.
Quote Amount
All prices quoted are exclusive of GST and expressed in Australian Dollars.
Payment
The final balance owing, including any amendments, is payable on delivery of the Product and must be paid within 30 days from the date of the invoice after delivery of the final Product as specified in statement of work and budget requirements. We will supply you with a tax invoice. We reserve the right to specify further payments before the final balance owing in the quote.
Amendments
Our quote may be amended, in consultation with the client, if the project changes once work has begun.
Cancellation and Postponement
All cancellation requests must be in writing. You accept that you are liable to pay for all work that has been conducted, along with all applicable cancellation fees after acceptance of the quote. Cancellation in circumstances where We have committed no material breach of the agreement, You must, in all cases, reimburse Us for direct costs incurred prior to cancellation.
Once a project is confirmed some services may still be cancelled however Cancellation Fees will apply at the rate of 50% within 48 hours and 100% within 24 hours of the start time per applicable line item.
Title
Title to the Product only passes from Us to You on payment of all amounts owing to Us in cleared funds in respect of this quote or any amendments thereof. Notwithstanding any copyright interest you may take in the Product, you and your client are only entitled to use the Product for the purpose, in the media and in the territory agreed before production commenced. Without limiting Our rights, if you or your client use the Product otherwise than for the agreed purpose, in the agreed media or in the agreed territory, you must pay such further fees as may be reasonably charge in the circumstances.
Usage fees and payments are the responsibility of You. You license Us to do all of the acts comprising the copyright in the Product, throughout the world, for the purposes of: (a) entering the commercial in competitions and industry awards; and (b) promoting Editor, Visual Artist or our contractors and employees.
Third Party Footage
You also agree that We may incorporate Third Party Footage in the Product. (Third Party Footage means, any moving images, animations, films, videos or other audio/visual representations, still images, recorded in any format that are controlled by or obtained, directly or indirectly, by Us from third parties). You may not use the Third Party Footage in any way other than in the Product and title to the Product does not confer on You any license or right in the Third Party Footage or restrict or inhibit the rights of any owner or licensee of the Third Party Footage to use, license, deal or do any other action with the Third Party Footage. The copyright permissions of any Third Party Footage used in the Product continue despite their use in the Product. All trademarks and service marks visible in the Footage are and shall remain the exclusive property of the trademark or service mark owner.
Limitation of Liability
Notwithstanding anything else in Our quote or any arrangements between You and Us, you agree and acknowledge that We are not liable to you for any consequential, special, indirect or loss of profit for any reason arising out of this agreement (including any delay in delivering the Product) and that we are only liable to you for gross negligence and wilful misconduct. In any event for whatever reason, our maximum liability to you under this agreement is the greater of (a) $100 or (b) the amount of money that we have actually received from you in cleared funds in respect of this agreement.
Your responsibility
There will be no responsibility taken by Us for errors in content supplied by You and you agree that We are not liable in any way for such errors. Any changes we therefore have to implement or rectify may be charged by Us at standard rates. You must obtain all necessary licenses and clearances in respect of the services of all actors and other talent, the production and broadcast of the Product, including without limitation, all music licenses and master use licenses.
Indemnity
You agree to indemnify Us from any loss or expense of whatsoever nature and all claims arising from Your negligence or inability to obtain proper copyright permissions for all content supplied.
Subcontracting
You agree that We may use subcontractors to perform the work required to deliver the Product
Customer Acceptance
To accept Our quote please reply with written confirmation. Acceptance of the quote will constitute acceptance of the Terms and Conditions.