1) TV Training Pty Ltd trading as “Vidivizion” reserves the right to change these Terms and Conditions at any time by posting changes online, an announcement of changes will be posted on our main page.
2) These Terms and Conditions shall be governed by and construed in accordance with Australian State Law and the Australian courts shall have exclusive jurisdiction for hearing any dispute arising under this agreement.
3) If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
4) These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered by Vidivizion with any Customer in relation to the provision of Services by Vidivizion. All work carried out by Vidivizion is on the basis that the Customer has agreed to these Terms and Conditions
5) Project Terms & Conditions
The word "Project" includes video creation and any procurement of services for sales, marketing or education. This includes but is not limited to; Video Creation, Website development, eLearning solution. Any activity undertaken to create the procured service falls under the jurisdiction of a “Project’ and includes but is not limited to; script writing, storyboarding, coordination, filming, editing, coaching, and project management.
6) Vidivizion will be under no obligation to accept any project.
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of customer changes and/or revisions is included in each quotation. If the Client instructs Vidivizion that significant changes and/or revisions to the scope of the Services described in a quotation are required, then Vidivizion shall be entitled to charge an additional Agreed Fee based on a further quotation. Quotations are valid for 20 business days from the date signed by Vidivizion (although the project can be delivered up to six months from that date).
The Client will pay Vidivizion the Agreed Fee in the following manner;
50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and the balance will be payable within 7 days of the date of any interim or final Invoices submitted in respect of the Services; and Vidivizion will not commence any pre-production activities until the customer has paid the Deposit.
If any Vidivizion Invoice or part thereof is not paid within 30 days of the date of the Invoice, then the Client agrees that Interest will accrue on the outstanding amount at the rate specified pursuant to Section 2 of the Penalty Interest Rates Act 1983
9) Variations (additional quotation applies)
Vidivizion will provide the Client with one (1) “draft copy” of an initial edited video file. The Client must notify Vidivizion of all proposed changes within fourteen (14) days of receipt of the draft copy by the client. Once the proposed changes have been made, Vidivizion will provide the customer with a “final draft copy” Projects will have a sign off schedule and sign off must be received by Vidivizion in order for work to commence or progress forward
10) Project Delays and Client Liability
Any estimate of the date by which Vidivizion will complete any part of the Services is contingent upon the Client providing complete instructions to Vidivizion and fully cooperating with Vidivizion until they have ceased providing Services to the Client.
The Person appointed must be available to respond to communications from Vidivizion on working days.
Sub-Contracting; Vidivizion reserves the right to sub-contract any Services that Vidivizion has agreed to perform for the Customer as it sees fit.
11) Recorded Material
Ownership; The Raw footage, video files, audio files and edited video files including all copyright remain the property of Vidivizion until full payment is made for the Services.
Where Services remain unpaid or in the event that a final agreed payment is not made, Vidivizion reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Vidivizion will remain the property of the author or legal entity owning the copyright.
Special Provisions for Ownership; Vidivizion reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Vidivizion.
Vidivizion has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless and alternative arrangement is made between Vidivizion and the Client. The copyright of such segments will belong exclusively to Vidivizion.
Vidivizion reserves the right to use photos and footage taken of all participants for our social media, website and marketing material unless provided with written instruction not to do so. By participating in another participants show reel or video, you are giving them permission to upload their footage to public websites.
Raw Footage, video files, audio files and edited video 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, Vidivizion reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
13) Raw Footage; No raw footage will be available for purchase or distribution.
If the Client has engaged Vidivizion to provide Services on a specified date, the Client may notify Vidivizion in writing (during normal business hours) that the Client does not require the Services to be provided on the date (“the cancellation”)
If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
If the cancellation is made more than 48 hours prior to the day on which Vidivizion has been engaged to provide the Services, the Client must reimburse Vidivizion for any expenses incurred by Vidivizion in preparation for provision of the Services.
If the cancellation is made between 48 and 24 hours prior the day of which Vidivizion has been engaged to provide the Services, the Client must pay 50% of the agreed fee.
If the cancellation is made less than 24 hours prior to services provided by Vidivizion, the client must pay the agreed fee in full.
Any amount payable must be paid by the Client within 30 days of the cancellation.
16) Vidivizion accepts no responsibility for any accidental injury to a client or loss or damage to personal property while on the Vidivizion Premise or through project delivery
17) You agree to fully indemnify Vidivizion and its affiliates, officers, and employees against any loss, liability, claim, demand, damage, and expense (including reasonable legal fees) arising from or in connection with any delivery of a project.
18) Vidivizion reserves the right to expire any credits held but not used within 24 months of being invoiced, including any remaining credit from a partially used credit. Credits include any invoiced amounts that have been paid but not assigned to any production services or amounts that form the basis of or contribute towards any discounting, or for any amounts that are otherwise held in credit and despite reasonable effort by Vidivizion are unable to make contact with the authoriser of any such credit.
19) Venue Location Fees & Permission;
The Client must obtain any necessary consent or permission and pay any fees which may apply for Vidivizion to film at a particular venue, location or event.
On-site filming days need to be paid in advance and Vidivizion will not be on site unless payment was made by the client prior to the booked date as agreed upon in the contract as part of a deposit/milestone payment.
Artistic Licence; The Client acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Vidivizion reserves the right to use “Artistic License” in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as optional extra by prior arrangement. A quotation for re-editing will be provide by Vidivizion on request.
A full filming day is classed at 8 hours and generally runs from 9am-5pm with a 45-minute lunch break to be scheduled at the convenience of the Client (negotiable). Vidivizion will require access to the location 1 hour either side of the filming start time to set up and pack down the mobile studio.
Where a private studio needs to be hired to conduct filming, the client agrees to pay these costs upfront and in accordance with the contract studios hire terms and conditions.
Clients Undertakings & Warranties; The Client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the client’s video.
20) The Client will need to provide a suitable and safe space for filming that includes;
• At least 5x5 metres in width of clear space for a mobile studio set up
• Access to at least 2 power points/outlets
• Air Conditioning
• A quiet area with minimal noise
21) 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 & Conditions and there are rights and remedies conferred to the Customer in relation the provision of goods or of services which cannot be excluded, restricted or modified by agreement.
Except to the extent of Non-excludable rights, Vidivizion 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 statue, 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 Vidivizion in writing,
And the liability of Vidivizion for any such matters is herby exclude.
Where (and to the extent) permitted by law the liability of Vidivizion for a breach of a Non-excludable right can be limited, Vidivizion’s liability is limited, at Vidivizion’s 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, Vidivizion is in 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.
22) Legal Cost; The Client will be liable for any legal costs incurred by Vidivizion in the recovery of unpaid Invoices on an indemnity basis.
Vidivizion accepts no responsibility for any accidental injury to the client or its employees or affiliates, contractors or loss or damage to personal property whilst filming on location.
The Client agrees to fully indemnify Vidivizion and its affiliates, officers, and employees against any loss, liability, claim, demand, damage, and expense (including reasonable legal fees) arising from or in connection with the project delivery or on-site location filming
Vidivizion reserves the right to amend these Terms & Conditions at any time. Amendments will be effective after the Client has been given 7 days of written notice.
VidiVizion© Terms & Conditions