Terms & Conditions
Please find the Video Production Terms & Conditions for Creative Flare NQ below. We ask you read our T&C's before you start your production.
Agreeing via email to a quote, a digital signature activated from a production proposal or payment of deposit for the production, is deemed acceptance of these terms and conditions under Queensland Law and will be taken as intent to proceed with a video project.
1. Payment Policy
A 50% deposit is payable on acceptance of the quote. When the deposit payment has been cleared, work or concepts will be started and/or delivered Balance is payable on completion and before final delivery of work is made.
2. Variations, Approvals and Proofing
Once the client has approved or supplied the Brief/Script/Storyboard, and deposits have been paid, Creative Flare NQ will commence production. After editing, Creative Flare NQ will provide the customer with a draft edit of the video/s for approval. The Customer must then notify Creative Flare NQ within five (5) business days, that the video/s or part thereof is approved or list all proposed tweaks in once instance. A tweak is a slight adjustment to the video edit, which could comprise of: removing a picture or piece of video, changing an edit point, change of colour or a minor change in a title.
Once the tweak/s have been made, Creative Flare NQ will provide the Customer with a ‘final draft’ which is to be used solely for the purpose of verifying that the supplied tweaks have been correctly implemented. If they haven't been implemented correctly then Creative Flare NQ will tweak until the customer is satisfied.
The Customer acknowledges that some tweaks or changes may not be possible. Creative Flare NQ will notify the customer if tweaks or changes are not possible.
3. Quotations
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances, and are based on an hourly rate. Two rounds of Customer tweaks are included in each quotation.
If the Customer instructs Creative Flare NQ that significant changes and/or revisions to the scope of the Services described in a quotation are required then Creative Flare NQ shall be entitled to charge an additional Fee based on their standard post production/editing/or video length rate.
A Change is: new footage, new titles, new order of edit points, a new voice over and generally anything that is new to the supplied script/brief or story board.
4. Final Delivery
Upon payment in full for the final edit, Creative Flare NQ grants the Customer a non-exclusive and non-transferable perpetual licence to use the Intellectual Property for the Customer's own business purposes However, the Customer must not copy or use any of the Intellectual Property for any other purposes, or permit any act to be done, that infringes Creative Flare NQ’s (or its licensors’) intellectual property rights including music.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Creative Flare NQ, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Creative Flare NQ.
5. Recorded Material Ownership
The raw footage, video files, audio files and edited video files including all copyright and intellectual property remains the property of Creative Flare NQ. Creative Flare NQ has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Creative Flare NQ and the Customer. The copyright of such segments will belong exclusively to Creative Flare NQ.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Creative Flare NQ will remain the property of the author or legal entity owning the copyright.
6. Public Broadcast (YouTube etc)
Creative Flare NQ retains the right, unless instructed otherwise in writing by the Customer (within two (2) weeks of receiving the file edits) to display Customers videos on the Creative Flare NQ website, YouTube, Vimeo or similar public video broadcast sites. Draft videos will also be published on Vimeo or similar sites for the Customers approval but will be published as unlisted and deleted.
7. Right of Refusal or Termination
Creative Flare NQ reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Creative Flare NQ is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.
If Creative Flare NQ terminates the provision of Services then any Deposit paid by the Customer is non-refundable.
Creative Flare NQ may seek compensation from the Customer for any loss or damage suffered.
8. Privacy
All information received by Creative Flare NQ from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
9. 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 the Customer 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, Creative Flare NQ 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 statute, 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 Creative Flare NQ in writing,
and the liability of Creative Flare NQ for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of Creative Flare NQ for a breach of a Non-excludable Right can be limited, Creative Flare NQ’s liability is limited, at Creative Flare NQ’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, Creative Flare NQ 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 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.