terms and conditions

Terms and Conditions 

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1. Definitions
 

• vivid visual co.: A freelance video production company operating from Brisbane, Australia, providing services to the Client.

• Client: The individual or entity engaging the services of vivid visual co.

• Project: The specific video production project agreed upon by the Client and vivid visual co.

• Deliverables: The final video product(s) as agreed upon in the project scope.

2. Scope of Work
 

         a. vivid visual co. agrees to provide video production services as outlined in the project scope.

         b. The project scope will include details such as:

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• ​Pre-Production requirements

• Shoot details, including time on site and equipment required

• Specifics of each deliverable, including estimated duration, contents, and format

• Total deliverables and relevant deadlines

• Revisions and approvals

• Intended usage of video materials

• Total project cost

3. Cost and Payment
 

         a. The total cost of the project will be as agreed upon in the initial estimate. 

         b. Projects are costed in full and terms agreed upon prior to project commencing.

         c. Invoices will be issued on the date of project completion, unless a settlement date has been agreed prior.         

         d. Invoices are to be paid in full in accordance with the due date listed on the invoice.

         d. Invoices which are not paid in full by the listed date may incur a late fee. 

4. Rights to Footage
 

a. All copyright and intellectual property relating to any footage shot, produced or edited which is provided to the client by vivid visual co. remains the property of vivid visual co.
 

b. Upon payment in full, vivid visual co. will grant the client a non-exclusive and non-transferrable perpetual licence to use the materials provided for the uses which have been agreed upon in the project scope.
 

c. The licence provided by vivid visual co. in regards to the project covers only the broadcast of the final edit(s).  It does not license or entitle the client to the use or provision of any raw footage or draft edit versions. 
 

d. Supply of raw footage must be explicitly agreed upon in writing prior to project commencing, and will be costed at an additional fee. The client may either supply their own hard drive for footage transfer, or a hard drive will be purchased on behalf of the client, with the fee added to the invoice. 
 

e. The client will pay vivid visual co. any licensing or other fees that may be required to obtain or maintain a licence for the client for any music or any other element of the creative work.  vivid visual co. reserves the right to charge a handling fee in respect to obtaining such licensing on behalf of the client which may or may not be included the original quotation.
 

f. The client agrees to only use licensed material (such as music) under the terms of the licence held.  vivid visual co. will not be liable for any penalties imposed or costs incurred arising from the actual or alleged use of any licensed material in a manner contrary to the terms of the licence and the client hereby undertakes to indemnify vivid visual co. from any such costs or actions so arising.
 

g. It is specifically agreed that vivid visual co. may use the final edit(s) in their online portfolio including, but not limited to, their website, social media platforms and video streaming channels. vivid visual co. may also publish the final edit(s), excerpts therefrom, or bespoke edits drawing on footage captured as part of the project for the purposes of promoting vivid visual co.’s brand and/or services. 
 

5. Deliverables and Deadlines
 

a. vivid visual co. agrees to deliver the final video deliverables by the agreed-upon deadlines.
 

b. The Client agrees to provide timely feedback and approvals for the project, as outlined in Section 6.
 

c. If the Client requests changes to the project scope after the project has commenced, additional fees may be incurred.
 

d. All deadlines are to be agreed upon in writing prior to project commencing. vivid visual co. is not liable for any changes to deadlines after project commencing or damages caused by inability to meet the new deadline. 

6. Revisions
 

a. vivid visual co. will provide one major and one minor round of revisions to the final video deliverables.
 

b. Additional revisions outside of the scope outlined in Section 6a may incur additional fees.
 

c. The Client must provide clear, consolidated, and specific feedback for revisions.

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d. Failure by the Client to provide feedback within a reasonable timeframe (3 weeks, unless agreed upon in writing prior to project commencing) which prolongs project timelines may incur additional fees. 

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e. vivid visual co. is not liable for any damages as a result of late project completion due to the Client not providing feedback in a timely manner. 

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f. A minimum of 48 hours turnaround time is required for urgent changes to an edit, unless specifically agreed in writing prior to project commencing (such as a rush turnaround).
 

g. Turnarounds required in less than 48 hours will incur an additional rush fee. 

7. Confidentiality
 

Both parties agree to keep confidential any proprietary information or trade secrets disclosed by the other party.

8. Insurance
 

To protect against potential liabilities and losses, vivid visual co. maintains comprehensive insurance coverage including Public Liability, Professional Indemnity, and Equipment Insurance. The Client acknowledges that vivid visual co. is not responsible for any damages or losses incurred by the Client unless directly caused by negligence on the part of vivid visual co.

9. Limitation of Liability

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a. vivid visual co.’s liability for any damages arising from the project is limited to the total project cost.
 

b. vivid visual co. is not liable for any indirect, incidental, or consequential damages.

10. Termination
 

a. Either party may terminate the agreement for cause with 7 days written notice.
 

b. In the event of termination, the Client shall pay for all work completed up to the termination date, as determined by vivid visual co. 

11. Governing Law
 

This agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.  

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12. Entire Agreement

This agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.