Below is our standard Terms and Conditions. Some details may change depending on the scope of the project and usage rights.
- ‘Supplier’ means Video Scribing trading as Alexkess Photography, its representatives, sub-contractors and employees.
- ‘Client’ means (Client), its representatives, agents and assigns and successors.
- ‘Service’ means Video Scribing and all services supplied by the Supplier to the Client and includes any advice or recommendations.
- ‘Project’ means (name of project)
- ‘Work’ means the photographic images produced by digital capture or film including video or any other type of physical or electronic means; illustrations; visuals; storyboards or voiceover relating to the project created by Video Scribing (the Supplier).
- ‘Price’ or ‘Fee’ means the cost of the Services as agreed between the Supplier and the Client.
- ‘Quotation’ or ‘Proposal’ means the document issued by the Supplier that specifies the scope of the services, the associated fees and payment terms.
- In commissioning the Supplier’s Services the Client agrees to the Supplier’s Terms and Conditions as outlined here.
- These Agreement does not apply if a separate written agreement has been entered to govern the commission for Work or other Services.
- Payment of deposit by the Client means the Client agrees with the Supplier’s Terms and Conditions.
- The Services are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Supplier to the Client.
Grant of Rights
- Unless otherwise stated in agreement form, upon receipt of full payment, the Supplier grants to the Client an exclusive license for first publication of the Work for a period of 24 months from the delivery date of that Work. All other rights to be negotiated separately.
- The Supplier retains display rights of the Work and is entitled to use all Work for self-promotion purposes such as online portfolios, online galleries, online case studies, exhibitions and to enter contests.
Reservation of Rights/ Ownership of Work
- Copyright and intellectual rights of the Work shall at all times remain with the Supplier, unless the Supplier agrees to, and signs, an Assignment of Copyright. All rights not expressly granted or detailed separately in writing and signed by the Supplier, are reserved to the Supplier; including, but not limited to, all intellectual property rights in the Work, sketches, or other preliminary workings. Full Copyright is available for purchase.
- If the Client wishes to make any additional uses of the Work, other than those stipulated in the Quotation or Agreement, the Client agrees to seek written permission from the Supplier and make such additional payments as negotiated at that time.
- The general framework for reuse by commissioning client is as follows:
- Per use: 25% of original quoted price
- Buyout: 100% of original quoted price (subject to conditions).
- O.A for reuse by non – commissioning clients.
- The Supplier shall not be liable for any legal action, claims or damages resulting from or arising out of the Work and the use of, publication or distribution of the Work. The Client agrees to indemnify the Supplier against any claims and/or damages against us including any legal fees arising from the Work.
- We will not be liable for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
- A time line or schedule will be established at the outset of the project which is compatible with the Client’s timing requirements. The Supplier will use reasonable endeavours to adhere to all timelines specified in a Quotation/ Proposal, however, the Supplier’s ability to meet such timelines is conditional upon the Client’s timely supply of reference materials, review of drafts and other items reasonably requested by the Supplier.
- The Supplier shall be given the first opportunity to make any revisions required by the Client to the Work or Service commissioned.
- No modifications, changes or alterations may be made to Work or Service or any part thereof, directly or indirectly, without the Supplier’s prior written consent.
- If these revisions are other than those stipulated at the Rough Stage and therefore not issued as a Client Brief, or, if they are deemed by the Supplier to be significant; an additional fee may be negotiated prior to commencement of those revisions.
- If the Supplier objects to any revisions made to the Work or Service by parties other than the Supplier, the Supplier shall have the right to have their name omitted from the published work.
- Corrections or changes made by the Client during or after the creative process that were not part of the original brief and not agreed upon in the Supplier Agreement are charged additionally. The Client will be advised of these additional costs as they arise whenever possible.
Delivery of Work
- Scripts, drafts and revisions are sent via email.
- Work is delivered in electronic medium via email.
- Final Work is available to be downloaded online via Dropbox and Vimeo.
- Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
- The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver the Work or Service promptly or at all.
A deposit nominated in the Quotation/ Proposal from the Supplier will be paid by the Client in order for the Supplier to begin the Service.
- Unless otherwise determined, the Client agrees to terms of 7 days (from invoice date). The Client’s right to use the Work is conditioned upon the Client’s compliance with the terms of this agreement. Direct bank deposit is the preferred payment method, Credit Card Payments are also available at an additional fee.
- Payments not received within this timeframe will be subject to interest at a rate 10% p/a.
- GST and other taxes and duties which may be applicable will be included in the invoice given by the Supplier.
- All additional expenses incurred by us will be additional to those amount specified in the Quotation.
- The Client may cancel these terms and conditions or cancel delivery of Services at any time before the Services are delivered by giving written notice. The Supplier shall not be liable for any loss or damage whatever arising from such cancellation.
- At the Supplier’s sole discretion the Supplier may cancel delivery of the Services.
- In the event of cancellation by the Client, after the Quotation is accepted up to the first script draft, the Supplier retains the right to use up to 100% of the deposit paid for any costs and expenses incurred by the Supplier.
- In the event that the Client cancels delivery of the Services the Client shall be liable for any costs incurred by the Supplier up to the time of cancellation. The following cancellation rates apply:
- 75% of the scheduled fee specified in the Quotation if cancellation occurs following delivery of the first draft but prior to the final Service delivery; and
- 100% of the fee specified in the Quotation if cancellation occurs any time after delivery of the final Service.
- Any rejection of Work shall be treated as if the Client has terminated the relevant commissioned Service.
- All Services supplied by the Supplier are subject to the laws of New South Wales and the Supplier takes no responsibility for changes in the law which affect the Services supplied.
- The Supplier reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Supplier notifies the Client of such change.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
Supplier’s Copies and Credit
- Where applicable, the Client shall supply the Supplier with either hard copies or an electronic version of the final Work upon publication (the printed flyer or newsletter). To be used for self-promotion. The Client agrees, where applicable, to include a credit to the Supplier in connection with the Work.