Terms and Conditions
In these Terms and Conditions the words ‘Razor Video Production’ ‘Razor’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Razor Video Brochures (AUST) PTY LTD ABN 96 160247772 a registered company. The words ‘client’, ‘clients’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video created by Razor, including all moving and still images and sound recordings of whatever form.
The interpretation and the purpose of these terms and conditions will be governed by the Laws of Victoria.
2. Pre-production requirements
Where copyright material is provided by the client all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production, must be obtained by the client.
The client undertakes to indemnify Razor against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
No liability will be accepted by Razor for and delays or failure to deliver the agreed product if caused by any element which is the clients responsibility.
A full production brief must be signed off by the client before production work begins.
3. Quotes & Production
All works undertaken by Razor will be as the written quotation states; this being based upon the agreed production brief. Once the client accepts the quotation and pays the specified 50% deposit, Razor will begin providing video production services upon the agreed date. Any amendments or additional days filming and editing will be charged at the current hourly rates.
Cancellation within 48 hours of the scheduled time will incur a $1,000 cancelation fee. Subsequent filming will revert to the agreed rate.
If filming venues are being organised by the client, it is the clients responsibility to ensure that our production crew have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
The quotation will include;
a) any licensing or other fees to obtain or maintain a licence for the client for any music or other creative artistic work and/or obtaining any relevant sub-licences.
b) location rates if applicable; locations beyond 40km of the Melbourne Metro area will incur travel time charged in 30-minute increments at the rate of $200 per hour.
c) talent hire if required
4. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
5. Client delays
In the event of filming being delayed or aborted due to the client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. A cancellation within 48 hours of the scheduled time will incur a $1,000 cancelation fee. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
6. Approval / amendments of draft footage
One ‘first cut’ edit will be available for the client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Amendments or additional days filming will be charged at the current hourly rates.
7. Project duration and delivery
Any indication given by Razor of the project’s duration is to be considered by the client to be an estimation. Razor will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. Razor will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Upon payment in full Razor grants the client a non-exclusive and non-transferable perpetual licence to use the Intellectual Property for the client’s own business purposes. However, the client must not copy or use any of the Intellectual Property for any other purposes, or permit any act to be done, that infringes Razor’s (or its licensors’) intellectual property rights including music.
9. Usage licence – rights to the use of project content
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the client subject always to the following express conditions:
(i) Razor retains all copyright over any content we produce. A usage licence grants the client permission to use the content in the state in which we provide it to the client. Permission is not granted to re-edit, copy or alter the content in any way, unless this is expressly agreed in writing.
(ii) We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
(iii) Provided that all monies due to us from the client have been received as cleared funds in our nominated bank account, and provided that the client is not in breach of anything contained in these Terms and Conditions the client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless;
(a) we have granted an exclusive licence to any client or
(b) the material contains trademarks or specific intellectual or imagery copyrighted by the client.
Our payment terms are strictly 7 days from the date of invoice and in the event of an order being confirmed the Client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue final invoices as to be calculated at the prescribed rate of 10% per annum.
We will exercise our statutory right to claim interest and compensation for debt recovery costs if we are not paid according to the agreed payment terms.
11. General Provisions
This agreement does not create any employment, partnership, agency or joint venture relationship between the client and Razor.
The client may not assign any of its rights or obligations under these Terms without Razor’s prior written consent.
These Terms may only be amended or varied by written agreement of the parties.
During the Term and for a twelve-month period thereafter, the client agrees not to solicit, employ, or attempt to employ, directly or indirectly any Razor employees or contractors unless prior written consent has been obtained.
The Buyer must pay GST on a Taxable Supply made to it under this agreement. It must do so at the same time and in the same manner as it is required to pay the consideration for the Taxable Supply to which the GST relates. The Company must issue a tax invoice in the format required by law to the Buyer for the Taxable Supply. The tax invoice must set out the amount of the GST payable by the Buyer. The tax invoice must be issued at the same time as the consideration for the Taxable Supply is due.