Terms of Service (Terms and Conditions)
Overview
In order to use Little Corner Pictures, you must agree to the Privacy Policy and Terms and Conditions of Service.
1. These terms and conditions (Agreement) apply to all video production services provided by the Service Provider (Little Corner Pictures) to its clients (Client). By providing service to the Client, Little Corner Pictures is legally bound by this Agreement, and by using Little Corner Pictures’ video production services, the Client agrees to be bound by this Agreement.
Little Corner Pictures refers to the Australian registered business (ABN 98173035462). Website: www.littlecornerpictures.com.au
Services
2. Little Corner Pictures will provide video production services to the Client as described in the scope of work (SOW), attached hereto. Any changes to the SOW must be agreed upon in writing by both parties.
Payment
3. The Client will pay Little Corner Pictures the Agreed Quote in accordance with the Payment Terms set forth in the SOW. A minimum of 30% deposit is payable prior to commencement of the project, and an additional 30% of the Agreed Quote is payable on the recording day. The remaining 40% will be due upon completion of the video production services.
Consultations
4. Little Corner Pictures will provide unlimited changes to a video project including any concepts, scripts and shot lists during the pre-production stage. For recording sessions, unlimited reviews and retakes apply during the allocated recording session until the Client agrees the best possible outcome has been achieved during the production stage.
5. The Client will receive a free private viewing with the editor as part of a video package provided by Little Corner Pictures, and the Client shall approve or detail their required amendments to the Approval Material on the agreed date set forth in the SOW. Little Corner Pictures will provide one round of changes to a video project during the post-production stage including video reviews and music selection.
6. Revisions for each production are subject to the following conditions:
a) The Client shall attend the meetings at agreed times for consultation and approvals. If the Client, or their Authorised Representative is unable to attend the meetings, the decision of Little Corner Pictures in all such matters will be determinative and final.
b) Feedback must be provided in its entirety within 48 hours, or as agreed upon in the SOW.
c) Once a stage is approved by the Client, additional change requests may incur a fee (back-tracking stages will signify a change in scope.)
d) Changes/ amendments must not require more than 20% of the total time allocated to the stage.
Production
7. All production equipment needed for standard shoots (cameras, lighting, sound recording, camera support and grip equipment) are included in each of the production packages provided by Little Corner Pictures.
Delivery
8. Little Corner Pictures agrees that it will perform the responsibilities listed in the Agreement and produce the Materials in accordance with best practice industry standards and the Little Corner Pictures’ style showcased by videos on the Website.
Storage of Digital Assets
9. Little Corner Pictures keeps the Client’s digital assets for up to three (3) months after delivering them to the Client, and is not liable for any claims after this period. All files, including Master Files (Raw Footage), of the Client will be deleted and backups will be purged after this period. The client has the option to buy the raw footage before the end of those three (3) months.
Confidentiality
10. The Producer agrees to keep all information related to the Client and the Services confidential and not to disclose such information to any third party without the Client's prior written consent.
Intellectual Property, Copyright and Other Rights
11. Once Little Corner Pictures has received payment of the entire Agreed Quote, the Client will be granted the copyright of the digital assets (audio, video and/or photographs) produced by Little Corner Pictures. Little Corner Pictures reserves the right to use the recorded material or the finished product for marketing purposes, contests, exhibition, advertising and promotion.
12. Little Corner Pictures assumes that the Client will consent to the use of the digital assets for contests, exhibition, advertising and promotion by Little Corner Pictures. If they do not wish to consent to the use of the digital assets for those purposes, the Client shall inform Little Corner Pictures in writing.
13. Under this Agreement, the Client shall not sell any digital assets (videos, audio, and/or photographs) produced by Little Corner Pictures without the written permission of Little Corner Pictures.
14. The Client should be aware that there may be restrictions of use attached to any images, stock footage, talents and/ or voice over artists and it is the Client’s responsibility to obtain additional rights for usage if necessary. Little Corner Pictures can provide assistance in this occurrence if requested. The copyright for all and any music and lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Little Corner Pictures will remain the property of the author or legal entity owning the copyright.
15. The Client acknowledges that the use of the photographs, videos, or other recordings in which the Client appears and/or of the materials such as photographs, videos, music, melodies, or similar digital assets that the Client provides to Little Corner Pictures does not violate any laws or rights of any third party.
16. The Client agrees to indemnify, defend and hold Little Corner Pictures harmless from any and all claims, damages, liabilities, costs, and expenses (including attorneys' fees) due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release, or arising out of or in connection with any breach by the Client of this Agreement or any third-party claim alleging infringement of intellectual property rights.
17. Under this Agreement, the Client shall not alter any digital assets (video, audio and/or photographs). This includes cropping, changing colours, or any other forms of editing.
18. The Client agrees to provide photo credit if they publish photographs taken by Little Corner Pictures online.
Production Amendments
19. If the Client asks for the production schedule, budget or scope of work to be altered, the parties will use their best endeavours to agree on new dates and relevant deliverables, and the Client will be responsible for any reasonable and unavoidable increases in the Agreed Quote or costs arising as a result.
Cancellation and Postponement
20. If the Client gives Little Corner Pictures more than 14 calendar days’ notice of cancelation or postponement of a production, prior to the pre-production stage, any deposit paid to Little Corner Pictures shall be refunded in full.
21. In the event of the Client wishing to change the recording date, a minimum of one weeks’ notice must be given to avoid any additional costs.
22. In circumstances where Little Corner Pictures has committed no material breach of the Agreement, if at any stage the Client decides not to proceed further with the production, or the production is delayed by the Client for more than 4 weeks; the Client must forfeit the deposit paid to Little Corner Pictures at booking.
External Factors and Limitation of Liability
23. If the production is suspended, delayed or cancelled by external factors, including illness, injury, IT failure, non-appearance of key talent, severe weather or other circumstances beyond the control of either party, then Little Corner Pictures shall reschedule the shoot if agreed by the Client, or return the deposit in full to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that digital assets are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Little Corner Pictures, and Little Corner Pictures shall not be liable for any amount in excess of the amount paid by the Client for the video production services.
24. Little Corner Pictures will not be liable for any damages arising out of or in connection with the video production services, whether direct, indirect, incidental, consequential or otherwise. In no event will Little Corner Pictures’ liability exceed the amount paid by the Client for the video production services.
25. Little Corner Pictures treats the Client with the utmost respect and expects the same to be reciprocated. In the event the Client displays racial or aggressive language or behaviour, and no resolution can be achieved, then there will be a termination of the Agreement and 50% of the deposit will be forfeited.
Warranties
26. Little Corner Pictures warrants that it has the necessary skills, expertise, and equipment to provide the video production services. The Client warrants that it owns or has obtained all necessary rights and licenses for any third-party content used in connection with the video production services.
27. The Client may terminate this agreement by fourteen days written notice to Little Corner Pictures if Little Corner Pictures commits any material breach of this Agreement, and fails to remedy that breach within fourteen days of receiving written notice identifying the breach.
Termination
28. Either party may terminate this Agreement at any time upon written notice to the other party. In the event that the Client terminates this Agreement, the Client will pay the Producer for all Services performed up to the date of termination.
Late Payments
29. The Client acknowledges that any payment of the Agreed Quote later than the times required under the payment terms shall attract interest at an annual rate of 10%. The rate of interest has been calculated in accordance with the current rate under the Penalty Interest Rates Act 1983 (VIC). This rate is subject to change.
Governing Law and Jurisdiction
30. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria in Australia without regard to its conflicts of law provisions. Any dispute arising out of or in connection with this Agreement will be resolved exclusively in the courts located in the State of Victoria in Australia.
Entire Agreement
31. This Agreement constitutes the entire agreement between the parties with respect to the video production services and supersedes all prior negotiations, understandings, and agreements, whether oral or written. This Agreement may not be amended except in writing signed by both parties. By accepting the video production services provided by Service Provider, the Client acknowledges that it has read, understood, and agrees to be bound by this Agreement.
