Our Terms of Service
Attachment A - Application of Terms and Conditions
These Terms and Conditions apply to and are incorporated into all quotes, scope of works, agreements, arrangements, transactions, and dealings entered into by draftpic with any Client in relation to the provision of Services by draftpic.
All work carried out by draftpic is on the basis that the Client has agreed to these Terms and Conditions.
If in any case, the quote or scope of work varies from the terms and conditions, then the terms of this Agreement will prevail.
Quotations
Quote estimates are calculated based on the brief supplied by Client, the agreed scope of the Services and how long it will take to deliver the services. Three rounds of Client changes and/or revisions are included in each quotation.
If Client instructs draftpic that significant changes and/or revisions to the scope of the Services described in a quotation are required, then draftpic shall be entitled to charge an additional Agree Fee based on an additional quotation.
The pre-production process includes developing the creative concept for the video and may include storyboarding and script development. draftpic will collaborate with the Client throughout this process, and any creative concepts agreed upon between draftpic and Client during the pre-production process, after this agreement has been executed, will be recorded in writing (email) and will form part of the scope of this Agreement.
In some instances, the quotation may require additional resources and/or additional time due to unforeseen circumstances. In the event additional costs are required, we will advise you accordingly.
draftpic takes no responsibility for extra costs due to reasons outside of our control. It will be assumed and accepted by the Client that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable and agreed in writing.
Approval and modifications
The parties agree that the Client shall have full approval rights on production, which approval will not be unreasonably withheld.
Client shall review, modify as desired and approve script revisions, storyboards, shooting locations, production design, and all other elements of production. Client shall provide approval for all elements of production and any changes.
After final approval of such elements as script, storyboards, shooting locations, production design, any Client changes that result in additional work will be at additional cost to the Client as provided herein.
The scope of work includes two revisions per video: draftpic’s first edited version of the video (1 video), followed by two revisions (if necessary) based on Clients’ feedback and input. Any additional revisions beyond the ones included shall be charged an additional Agree Fee based on an additional quotation. If more than two revisions are requested by the Client, the Client shall be required to deliver payment prior to delivery of the final edited master.
Each revision allows for 5-6 changes or up to one hour of editing time (per video). A change consists of deleting, replacing, or adding generated footage or audio to the video to fit the vision of the Client. A revision may also consist of changes in graphics, titles, or special effects.
Any changes to the video(s) requested by the Client will be confirmed with the Client before the changes are commenced by draftpic. Once these changes have been confirmed, this constitutes one round of feedback. It is the responsibility of the Client to provide clear instructions on changes. draftpic takes no responsibility for failure on the part of the Client to provide clear instructions which results in a new round of changes.
This Agreement sets out the agreed delivery dates and review period. It is the responsibility of the Client to adhere to the agreed review period and provide feedback/suggested changes to draftpic in a timely manner.
Client Obligations
draftpic shall endeavor to comply with Client's desired scheduling of production.
Client will approve initial video and revisions, including accurate instructions concerning the project, in a timely manner, as defined by the review period set out in the Agreement.
Client acknowledges that failure, by Client to provide notes and feedback, or any other required information, to Contractor, will affect delivery date.
If a project cannot be completed due to a delay in feedback from Client, draftpic reserves the right to invoice for hours completed on the Project. For the purpose of the clause, a delay means in excess of 8 weeks.
Payment
The following payment terms apply to all projects undertaken by draftpic:
Upfront 50% part-payments are required for all projects upon commencement, except if the project total is less than $3000, where 100% payment is required.
Final 50% payments are required upon completion and delivery of the final video, before any client revisions.
Payments are expected within either 7, 14 or 28 days from the date of the invoice as determined by draftpic.
Prices listed are ex.GST and subject to change.
The production costs exclude any costs and expenses associated with securing the appearance of a celebrity host if Client should elect to use such a host, including without limitation, fees, royalties, special items requested by host and travel-related expenses for the host, which shall be the sole responsibility of Client.
Talent costs for models and/or actors, other than celebrity talent, are also the responsibility of Client, unless otherwise agreed upon. Client shall be responsible for any and all associated costs not in Production Budget and approved of by Client in advance, including but not limited to residuals payable to talent. Client shall provide actors (family, friends, other) and they shall agree to sign a waiver to use their image in the video.
Venue Location Fees & Permissions
Client must obtain any necessary consent or permission and pay any fees which may apply for draftpic to film at a particular venue, location or event organised by Client.
Talent Release Forms
It is the full responsibility of the Client to provide all on-screen talent organised by the Client in any capacity with a ‘talent release’ form.
This release form should be prepared and signed if the Client plans to display video or image in public, online or offline, even if the recording/image is not used commercially.
The Client is to ensure any required release form is signed before production. The release form is unnecessary if the people in the recording can not be identified, such as in a distant crowd scene.
draftpic are not liable for unauthorised use of a recording – voice or image by the Client and its successors.
Pre-Production Conditions
draftpic is not obligated to begin performance under this contract until Client complies fully with each of the following conditions:
a. Contract Form. This form must be signed by an authorized Representative of the Client before pre-production begins.
b. Artwork, Music, etc. Any artwork, music, or the like to be provided by Client, for project, must conform to the reasonable format specifications of draftpic or Client will bear the costs of any dubbing or additional expenses required to accommodate such material.
In the event of delays incurred at the request of Client, any out-of-pocket expenses or fees incurred by draftpic will be due and payable with the final payment, regardless of status of project.
Filming and Editing
draftpic strongly recommends that the Client be present during all shoot days.
If Client is present during production and approves the work at hand, the product shall be deemed to meet all standards including but not limited to quality, format, accuracy and aesthetics so long as the production conforms to industry standards. In such cases, draftpic shall not be obligated to perform any reshooting unless Client agrees to pay such additional charges for reshooting as the parties may agree upon. If Client is not present at production, then shooting shall only be redone subject to dratpic’s availability and upon Client's agreement to pay such additional charges for reshooting as the parties may agree upon. draftpic will be responsible for, and meet, all technical standards.
Upon approval of the final edited master video, any changes requested by Client, shall be subject to additional charges. draftpic shall not be obligated to perform any additional editing after video approval unless Client agrees to pay such additional charges for re-editing as the parties may agree upon.
Cancellation
If Client has engaged draftpic to provide Services on a specified date, and the Client cancels the Services 48 hours prior to Production (business days), a 50% payment of the agreed fee will be charged. If Client reschedules the service within 48 hours (business days) a 25% payment of the agreed fee will be charged.
Either party may terminate the agreement at its option by giving written notice of termination to other if such other party should:
Client not paying for contract schedule.
draftpic not delivering agreed content.
At the time of termination, all payments received by draftpic shall remain with draftpic and all content produced thus far shall be delivered to Client.
Media Release
Client may obtain Raw Footage, Project Files and Assets from draftpic. The fees associated with this service are as follows and are all excluding GST:
Footage Only Release = $150
Footage, Project Files & Asset Release = $250
Digital Delivery = $300
Hard Drive & Postage Delivery = $500
Storage, Back Up & Archives
We understand the importance of preserving our Client’s video production projects for future reference and retrieval. To ensure the safety and accessibility of our Client’s video production projects, we employ secure procedures to ensure safe data storage and multiple backup methods to protect against data loss. Our systems are regularly monitored and updated to ensure that our Client’s projects are secure and protected.
Once a video production project is completed, we archive all project files, footage, and assets for five years. Our Clients can access their archived projects at any time during this period, ensuring that their projects remain accessible and retrievable for as long as they need them.
Ownership of Copyright in Recordings
Subject to payment by Client of the agreed fees, draftpic assigns ownership of all present and future copyright in the recordings (including in all video and sound) to the Client.
Client shall be the sole owner of the rights to the video, excluding stock footage contained therein and music rights to original or library music included therein. Client shall be the sole owner of any and all trademarks and trade names used in connection with the product marketed hereunder and has the right to use it as they wish.
draftpic warrants that it has the right to do so and that (other than any specific digital assets provided by Client for inclusion in the recordings) nothing in the recordings will infringe the rights of any third person.
Releases and Substation
draftpic shall be responsible for obtaining releases, licenses, and/or other approvals for any and all music, recordings, voices, likenesses, persons, and copyrighted materials of other persons appearing within the video, with the exception of persons with whom Client has a pre-existing relationship pursuant to which persons or materials are included in the production at the request of Client.
Client shall indemnify and hold harmless draftpic from any and all claims, damages, costs and attorney's fees incurred by them arising from or related to the product and its design, manufacture and performance, from or related to intellectual property and/or contractual claims relating to the use of Client's trademarks in the production or sale of the product through such production, and from or related to materials provided by or at the direction of Client for inclusion in said production.
Use of Materials
Client agrees draftpic may use material produced in connection with this project solely for its demo reels for purposes not connected with this project ONLY with Client approval.
Client further agrees to hold harmless draftpic from any damage, loss or liability, including attorney's fees, resulting from, but not limited to, unauthorized use of music and/or artwork supplied or requested by Client and used in production.
Independent Contractor Relationship
The parties are contractors independent of one another, and neither has the authority to bind the other to any third party or otherwise to act in any way as the representative of the other except as specified in the Agreement. This Agreement shall not be construed as a joint venture or partnership. At all times each party shall represent itself to third parties as an independent contractor. Neither party shall make any representations, which may lead any third parties to believe that such party is acting in any capacity other than as an independent contractor.
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 and Conditions and there are rights and remedies conferred on Client in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, draftpic will not be liable for:
Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by draftpic in writing, and the liability of draftpic for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of draftpic for a breach of a Non-excludable Right can be limited, draftpic liability is limited, at draftpic’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, draftpic is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Client 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.
Otherwise the liability of draftpic under or in connection with this Contract is limited in the aggregate to the fees paid or payable by the Client to draftpic except in relation to personal injury or property damage caused by any negligent acts or omissions of draftpic where such liability will be as determined by law.
Miscellaneous
The representative of each party acknowledges that he/she has read this contract, understands it and agrees to be bound by its terms. This contract is the exclusive statement between the parties and supersedes all proposals, representations and other communications (oral or written) relating to the subject of the contract. Each provision of this contract is distinct and severable from all other provisions and if any provision is held to be illegal, void or unenforceable, the provision shall not affect the enforceability of any other provision. This contract may not be modified, except in writing by duly authorized representatives of both parties.
In any legal action arising under or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover its costs, reasonable attorney's fees, and expenses of litigation.
Force Majeure
If draftpic cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, pandemic, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then draftpic’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
Effective Date
This Agreement shall be effective when executed by all parties hereto and may be executed in counterparts and/or by e-signature.