Standard Terms and Conditions
SERVICES
TAS will provide Services to the Client in accordance with the Proposal and Quote
RISK AND DELIVERY
Risk for the Goods passes to the Client upon delivery of the Goods. Any loss incurred by the Client included but not limited to the failure to back up images, failure of storage or any other loss is the sole responsibility of the Client.
Upon the delivery of the Goods, TAS will grant a non-exclusive licence for the use of the Goods in accordance with clause 14.
TAS will deliver the Services from the commencement date as agreed with the Client for the period of time specified in the Quote ("the Commencement Date").
Delivery time for the Goods will be approximately four to eight weeks from the completion of the Booking [or in accordance with the Quote and proposal].
The Goods will be delivered by TAS in digital form through an online gallery and links.
The Client shall within 4 working days of the delivery of the final Goods give written notice to TAS of any issues or corrections required in relation to the product. If no notice is received within the 4 working days the Client is deemed to accept the Goods in their current form.
DEPOSIT
A 50% non-refundable deposit is required within seven (7) days of confirming the Booking date. If the deposit is not received within five days of the Booking then the Booking will be cancelled.
PAYMENT TERMS
The Client shall be invoiced on the nomination of one of the following payment methods as agreed with TAS;
The outstanding balance after payment of the deposit (“Outstanding Balance”) will be invoiced to the Client and is required to be paid in full at least twenty (20) working days prior to the Booking unless agreed with TAS. If full payment is not received at least twenty (20) working days prior to the Booking TAS reserves the right to cancel the Booking; or
The outstanding balance after payment of the deposit (“Outstanding Balance”) will be invoiced upon completion of the Booking and prior to the delivery of the final version of the Goods; or
All payments will be due within seven days of the date of the invoice.
In the event that payment is not made in full in accordance with the payment terms contained within this clause 6 then interest will incur on all moneys owing at a rate of 22% per annum.
The Client shall be liable for any international fees associated with payment of the fees from international bank accounts or transfers.
VARIATION TO SERVICES
TAS will consider any variation to the Services as requested by the Client, including the addition of further Services on a case by case basis. These variations will be charged at TAS’s discretion.
In the event that there are substantial alterations to the script, concept, or original project specifications from your end at any stage of the project, we retain the right to issue a revised quotation.
TRAVEL AND EXPENSES
Any Quote provided by TAS does not cover additional travel costs and expenses unless expressly provided in the Quote. TAS will make reasonable endeavours to include all travel costs and expenses within the Quote however if further travel costs or expenses are incurred due to unforeseen circumstances, the Customer agrees that these are payable upon invoice.
PARTIES OBLIGATIONS
TAS agrees to perform the Services in a timely, careful, efficient and competent manner in accordance with the terms of this agreement.
TAS:
will promptly commence and expeditiously carry out the Services;
will exercise due care and skill in providing the Services;
will not disclose to any person any trade secret or Confidential Information which may be revealed to them by the Client for the purpose of carrying out the Services or which otherwise comes to their knowledge in the course of the engagement under this agreement;
will comply with such directions as the Client may give them in respect of the performance of the Services;
will work co-operatively with the Client's management staff and other employees;
will comply with the Health and Safety at Work Act 2015 and any health and safety procedures of the Client.
The parties agree that TAS may contract a third party to assist with the provision of the Services or in unforeseen circumstances may provide the Services and produce the Goods on behalf of TAS.
The Client;
will be responsible for the cost and supply of all equipment required for TAS to undertake the services;
provide TAS with a list of their expectations for the Booking upon enquiry. Any changes to these expectations must be outlined in writing and may constitute a variation of the Services in accordance with clause 7;
provide TAS with a shooting location that is fit for purpose and ready to shoot. This includes the obligation on the Client to make sure the location is clean.
ARTISTIC FREEDOM
The parties acknowledge while TAS will make all reasonable endeavours to meet the Client’s specific instructions in relation to the final product, the Client agrees that TAS is entitled to use their full artistic freedom for all Goods produced from the Services. The final post-production and editing styles, music, sound, effects and overall look of the images is at the sole discretion of TAS.
TAS will address any corrections to minor mistakes requested by the Client at no additional cost. Added changes to the Final version to accommodate aesthetic, personal tastes or a “change of mind” will result in additional fees and will be addressed with the client on a case-by-case basis.
RAW FOOTAGE
The raw footage used in the creation of the Goods will not be provided to the Client as part of the Service provided. In the event that the Client wishes to obtain the raw footage from TAS, notice of this must be provided to TAS. TAS may agree to sell the Client a licence for the raw footage but is under no obligation to do so.
In the event that TAS agrees to sell a licence for the raw footage to the Client, the terms of this will be in accordance with these terms.
In the event that the Client purchases an exclusive licence then all raw footage will be transferred to the Client who may reproduce the footage as they wish.
CANCELLATION
In the event that the Booking is cancelled by written notice by the Client;
within 7 days of the Booking, the Client is liable to pay 100% of the Outstanding Balance.
Within 14 days but more than 7 days of the Booking, the Client is liable to pay 50% of the Outstanding Balance
Within 1 month but more than 14 days of the Booking, the Client is liable to pay 20% of the Outstanding Balance.
All cancellation fees are payable immediately upon receipt of the invoice from the TAS.
For the avoidance of doubt the deposit payable in accordance with clause 5 is completely non-refundable and any refund in accordance with clause 12.1 only relates to the Outstanding Balance of the Quote.
For the avoidance of doubt the cancellation policy applies to all cancellations including but not limited to cancellations due to the COVID-19 pandemic.
HEALTH AND SAFETY AT WORK ACT 2015
TAS will take all reasonable endeavours to meet all obligations in relation to the Health and Safety at Work Act 2015.
The Client agrees to comply with any requests made by the TAS to enable them to meet their obligations in relation to the Health and Safety at Work Act 2015, including providing a safe and appropriate workspace for the TAS to conduct the Services.
The Client agrees to take all steps necessary to;
Ensure their own safety; and
Ensure that no action or inaction by themselves causes harm or risk to the health and safety of any other person.
COPYRIGHT
The copyright in all Goods and Services resulting from the Booking remains the property of the TAS.
The parties agree that these terms supersede section 21(3) of the Copyright Act 1994.
TAS grants the Client a non-exclusive licence to use those parts of the Goods selected by TAS and provided to the Client in order to receive the full benefit of the Goods for the purposes outlined in the Proposal annexed to this Agreement as Schedule 1.
The licence referred to within 14.3 will be granted upon full payment of the Booking Fee and the delivery of the Goods to the Client.
The Client acknowledges that as owner of the copyright of the Goods TAS has the rights to deal with the Goods in any way, they see fit without payment of any fee to the Client.
The Client grants TAS and their agent on behalf of all persons present at the Booking the right to use and publish the photographs and or video products of the Client and their guests and releases TAS from all claims and liability relating to the Goods.
We maintain ownership of the copyright for all pre-production elements we generate, encompassing, but not restricted to, proposals, ideas, concepts, scripts, storyboards, and production plans. In cases where an idea or concept does not culminate in the delivery of Produced Content, our copyright over these ideas and concepts persists indefinitely
MUSIC LICENCING
The Client acknowledges that TAS shall have full discretion when choosing the music for any videography work. TAS shall not be bound to use a specific song requested by the Client.
TAS shall be responsible for obtaining the licence for all music used in any videography work and the Client will be liable for any costs associated with the licence.
If the final Goods contain unlicenced music TAS will give the Client written notice of this and that video must not be used in a public domain. The Client will indemnify TAS in relation to any action arising from the Clients use of the unlicenced music.
INSURANCE
TAS shall maintain Public Liability Insurance indemnifying TAS against claims in respect of loss or damage against any property or injury or death or illness to any person arising out of the Services of TAS or any of its employees, contractors or agents.
LIMITATION OF LIABILITY
Except as expressly provided by these Terms or otherwise agreed in writing, TAS excludes all warranties, conditions or obligations to the extent permitted by law including any warranty, condition or obligation imposed or implied under common law, equity or otherwise whether direct, indirect, special or consequential, arising in any way out of the Services or products including but not limited to;
Negligence
Any personal injury
Any loss or damage (including loss of opportunity)
The Client shall indemnify TAS against all claims of any kind whatsoever however caused or arising including but not limited to whether caused or arising as a result of the negligence of TAS or otherwise, brought by any person in connection with any matter, act, omission, or error by TAS, their agent or employees in relation to the Services.
The Client acknowledges that TAS will not liable for any compromised coverage due to causes outside the control of TAS including but not limited to loss incurred by the equipment failure, weather conditions, adverse noise, restriction of locations, poor lighting or background or unsafe work sites.
COSTS
The Client must pay TAS’s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement of attempted enforcement of TAS’s rights, remedies and powers under these Terms.
MEDICAL CONDITIONS AND ALLERGIES
The Customer must notify the Photographer of any medical conditions or allergies that they or any member of the Booking may have which could affect the performance of the Services.
FORCE MAJEURE
TAS will not be in breach of this agreement for any interruption, delay or cancellation of the Booking for the Services caused by any act of God, earthquake, fire, instruction of the Government, epidemic, pandemic or any other matter outside TAS’s reasonable control.
DISPUTE RESOLUTION
If a dispute arises between the parties, the parties agree to meeting in good faith to try and resolve the dispute.
If the dispute is not resolved within five (5) working days, the parties agree to go to mediation.
The mediator is to be wither chosen by both parties and where a mediator cannot be agreed, a mediator will be appointed by the President of the Otago branch of the New Zealand Law Society.
If the dispute is not resolved within a month of the initiation of the mediation proceedings, then the dispute will be adjudicated in accordance with the process set out in the Act at any time.
The costs of the mediator and/or arbitrator will be shares between the parties.
GENERAL
If any provisions of these Terms of Trade shall be invalid, void, illegal or unenforceable the remaining provisions shall remain in full effect.
These Terms of Trade shall be governed by the laws and courts of New Zealand.
TAS reserves the right to review these Terms of Trade at any time. If, following any such review, there is to be any change to these Terms of Trade, that that change shall take effect from the date that the TAS notifies the Client of such change
