Contents
- Preliminary Remarks
- Production Brief and Quotation
- Production Brief
- Quotation
- Changes
- Third Party
- Cancelation Policy
- Conducting Production Services
- Permissions
- Collaboration
- Post-Production
- Delivery & Distribution
- External Factors
- Data Management
- Payment
- Ownership & Accreditation
- Definition of Key Terms
1.0 Preliminary Remarks
1.1 The client must agree to the Terms of Service before any commencement of the project. Any work completed by Savage Vision during the project is based on the client’s consent to Terms of Service.
1.2 The Terms of Service do not cease once work on a project is complete and will further encompass any relevant instances that arise after the completion of a project.
1.3 Agreement to a Production Brief and/or Quotation provided by Savage Vision deems acceptance of terms and conditions under South Australian Law and is taken as intent to proceed with a project. The Terms of Service are effective once the Production Brief (or equivalent) has been agreed upon in writing between both the Client and Savage Vision.
1.3 The Terms of Service relate to all interactions between the client and Savage Vision; to include discussions of the project, agreement to Production Brief, activities conducted during work on the project, financial transactions and any secondary dealings extending from the project.
1.4 These Terms of Service are open to re-negotiation; however, this requires a formal agreement to be reached between client and Savage Vision in writing before they take effect.
1.6 This current version of Terms of Service supersedes those stated in all previous versions and any altered versions of the document.
1.7 The Client’s privacy will be upheld by Savage Vision during all stages of production and after the completion of a project. Any information that is deemed confidential by the Client when provided to Savage Vision will be used solely in the completion of the project and will not be made public. If the distribution of confidential material to a Third Party is required, it will be done with permission from the Client.
1.8 The only exception to Savage Vision retaining the Client’s confidential information would be if it were obliged by law to disclose this information for legal purposes.
1.9 These Terms of Service are governed by the laws of South Australia, and both the Client and Savage Vision submit to the jurisdiction of South Australian courts.
1.10 The Terms of Service may be amended at any time during a project, provided it is agreed upon by both the Client and Savage Vision in writing.
2.0 Production Brief and Quotation
Production Brief
2.1 Work on the project will only commence when the proposed Production Brief (or equivalent) has been agreed upon in writing by both the client and Savage Vision. Furthermore, if the accompanying quotation requires a deposit to be paid by the client, work will commence after it has been received.
2.2 Key dates and deadlines will be agreed upon in the Production Brief; any changes to dates will need to be negotiated between the Client and Savage Vision and confirmed in writing to take effect.
Quotation
2.3 A standard quotation provided to the client by Savage Vision for services is calculated based on the time and complexity of the work specified in the accompanying production brief. If the client is requesting quick delivery, this will be reflected in the estimated cost given in the quotation.
2.4 Any quotation is provided to the client using information provided to Savage Vision through initial consultation. If this information is inaccurate or the scope of production is changed, Savage Vision reserves the right to charge an additional amount to include any additional work.
2.5 Each quotation includes two rounds of negotiated changes to the submitted final product.
2.6 If the quote for the project is less than $1,000, then payment will be required in full prior to the commencement of work.
2.7 If the estimated cost on a quotation is $1,000 or more, then a deposit amounting to 50% of the quotation’s estimated cost will be required.
Changes:
2.8 Further amendments or alterations to initial Production Brief requested by the client must be submitted in writing. In addition, approval of any such suggested changes must be clearly agreed upon in writing by the client and Savage Vision before taking effect. If the workload outlined in the initial Production Brief is extended, a formal re-negotiations of the initial quote will be required.
2.9 If the client requests changes to the production brief that incur an increase to the original quotation’s estimated cost by more than 30% of the initial amount, an additional deposit on the outstanding difference may be requested by Savage Vision before the changes are effective.
Third party
2.10 The client must disclose all Third Parties participating in or relating to the proposed work to be conducted by Savage Vision. This must occur before an agreement to the Production Brief has been formalised. Failure to disclose any Third Parties may result in immediate termination of the project.
2.11 The client must also provide Savage Vision with further discloses relating to any Third Party that forms a relationship to the project after its completion.
2.12 Furthermore, any undisclosed Third Party is deemed complicit within the confines of these Terms of Service on behalf of the Client when agreeing to the production brief. The Client accepts full accountability on behalf of an undisclosed Third Party.
Cancelation Policy
2.13 The client may cancel the services of Savage Vision at any time during the project. In the event of cancelation, Savage Vision is not required to refund any deposit provided by the Client. If the deposit has not been paid and work has been commenced, then the client must pay at least 50% of the total amount provided in the most recent quote agreed upon.
2.14 If outstanding work has incurred expenses on Savage Vision, the Client is liable for reimbursing these costs.
2.15 if more than 50% of any stage in the production has been completed, the client may be liable for further payment to cover losses.
2.16 Savage Vision reserves the right to terminate a project at any time if any terms of service have been breached by the Client.
2.17 Savage Vision reserves the right to terminate a project at any time if the Client is responsible for damaging equipment. In addition, Savage Vision reserves the right to terminate a project at any time if the Client placing Savage Vision staff in actual or apparent danger or acting in a way that causes Savage Vision staff physical injury or death.
2.18 In any event that a Client causes loss or damage to Savage Vision’s equipment or personal, Savage Vision may seek compensation from the Client.
3.0 Conducting Production Services
Permissions
3.1 The client is responsible for finalising all necessary permissions required to produce photo or video material, unless negotiated with Savage Vision and specified in the Production Brief.
3.2 The client is liable for any fees or additional requirements needed to finalise permissions.
3.3 If any person, place, or product appears in the final product without permission, Savage Vision is not liable for any prosecution resulting from a dispute. If re-editing or re=shooting is required to remove or conceal anything shown without permission, it shall be at the expense of the client.
3.4 The client is responsible for archiving permission documentation during and after the project.
3.5 The client is responsible for obtaining the right to use any material where copyright is owned by a Third Party.
Collaboration
3.5 Savage Vision reserves the right to sub-contract any aspect of production services at any time during an active project.
3.6 The client is allowed input during any stage of an active project but may not override Savage Vision on any aspect relating to the work that Savage Vision has been contracted to complete.
Post-production
3.7 During post-production, draft versions (rough cut) will be provided by Savage Vision to the Client for approval. If changes to this draft are requested by the Client, then Savage Vision must be provided with a single written outline of all proposed alterations within fourteen days of submitting the draft version.
3.8 Savage Vision will provide two rounds of draft versions to the Client to suggest changes. If there are further changes requested by the Client after these two rounds, it will incur reasonable charges to cover additional work.
3.9 The Client acknowledges that some of the proposed changes may not be possible. For this purpose, a distinction will be made between major and minor changes. The distinction has been clarified in the Definition of Key Terms (section 7.0) below under Changes.
3.10 All requested changes will be subject to negotiation between Savage Vision and the Client. If any change cannot be made or requires additional work exceeding the initial estimate of timeframe for completion, this incurs further cost to the Client or renegotiation of the original quotation.
3.11 Savage Vision reserves the right to refuse changes proposed by the Client that contradict the initial Production Brief, exceed its scope, or incur major structural changes. Savage Vision reserves the right to refuse changes that require re-shooting. Clarification of the distinction between minor and major changes is outlined below under Definition of Key Terms.
3.12 The right to refuse is waved by Savage Vision if there is evidence of technical fault in the final product. If it is not possible to remove a technical fault or re-shoot, then a reasonable discount will be negotiated between Savage Vision and the Client.
3.13 The Client has no right to oversee post-production in Savage Vision’s premises, but permission may be given by Savage Vision upon request.
3.14 Once all agreed upon changes have been made, the Client will be provided with a final version for review. The function of this final version is limited to verifying those changes have been made and it cannot be used by the client until payment has been made in full. If the Client is not satisfied with changes implemented, then they can request an additional revision, provided it is requested within fourteen days of submitting the final version.
3.15 Notification of any errors present in versions submitted to the Client must be communicated in writing within fourteen days. Once this time has expired, Savage Vision may refuse further changes.
3.16 Savage Vision is not liable for project delays at any stage of production that are incurred by the Client’s lack of communication.
3.17 All draft versions submitted to the Client prior to final approval will be made through Savage Vision’s hosting account. When the final product is delivered to the client, it will be submitted as a file or folder of work to be uploaded by the Client. If the Client wishes for Savage Vision to upload the file to a designated hosting service in behalf of the Client, it may incur an additional charge.
3.18 If the Distribution platform designated by the Client requires additional costs for host the final product, then any such expenses incurred on Savage Vision will be reimbursed by the Client.
Delivery & Distribution
3.19 Delivery of final product to the Client will not be made until payment has been received in full.
3.20 Until payment has been received in full, Savage Vision reserves the right of ownership of all production material and the final product. Until the invoice has been resolved, the Client is not permitted to use either the production material or final product for any purpose.
External factors
3.21 If Savage Vision is not able to perform services due to unforeseen events (equipment failure or sickness), it may only result in return of deposit and termination of contract. However, it would not be necessary for further compensation to be supplied in any event. This clause extends to persons sub-contracted by Savage Vision for the completion of services.
3.22 If Savage Vision is unable to complete the agreed upon project due to an unforeseen event, then any relevant obligations are to be suspended until the complication has resolved. Such instances include, but are not limited to, natural disasters, transport delays, rail/road closure, labour disputes/shortages, pandemic/epidemic, explosion, accidents, war, acts of terrorism, act or omission of any third party or public authority.
4.0 Data management
4.1 Responsibility for storing all digital production materials during the project will be held by Savage Vision until three months after the final product has been received by the Client. Savage Vision is not responsible for preserving an archive of production materials after the three months period unless it has previously been negotiated by the Client in the Production Brief.
4.2 Digital copies of production materials will be stored on two separate storage devices.
4.3 The Client may request a data transfer of production materials during the final delivery stage of the project. In this circumstance, production materials may only be retained as backup files and may not be used for future work without written approval from Savage Vision.
4.4 If the Client requests a digital copy of production material, any expenses incurred upon Savage Vision in acquiring suitable storage devices will be reimbursed to Savage Vision in final payment.
4.5 Savage Vision will not be held responsible for hardware failure that results in loss or damage of data. This applies to Savage Vision’s storage as well as storage devices provided to the Client.
4.6 Digital copies of production material will be retained by Savage Vision for the maximum period of six months if payment is outstanding. The production material can be deleted by Savage Vision after the six months has expired and the payment is remains outstanding.
5.0 Payment
5.1 Once the Client has approved a final version of all deliverable material in writing, an invoice will be issued by Savage Vision.
5.2 Payment will be due within 14 days of the invoice being received by the Client.
5.3 Payment will be made through Direct Deposit by the Client to an account nominated by Savage Vision in the invoice.
5.4 The client will indemnify Savage Vision for any unforeseen additional expenses that are incurred on the client’s behalf during the project and will be included in the final invoice.
5.5 Any expenses relating to transport or accommodation required in the completion of services will be reimbursed by the client in the final invoice. Transport expenses are only considered when distances exceed 25kms from the central business district of Adelaide, South Australia.
5.6 If payment is not received in full after 14 days, interest will be incurred until the account is resolved. Interest will be incrementally charged at a rate of 5% of the total amount per week.
5.7 If an invoice is not resolved within two months after the due date, Savage Vision will pursue a debt collection service for the amount listed on the most recent invoice. The Client is responsible for covering fees incurred by debt collection.
5.8 In the event of an unpaid invoice, the client will be responsible for any legal costs incurred by or on Savage Vision in the recovery of unpaid invoices on an indemnity basis.
6.0 Ownership & Accreditation
6.1 Once payment has been finalised and deliverables are transferred to the client, ownership over the final product, as specified in the Production brief, is also transferred to the Client.
6.2 Savage Vision reserves the right to use any edited or unedited production material resulting from the project to use as promotional content for its own services and business. Promotional use might include Savage Vision website, print/digital advertisements, video hosting sites (YouTube, Instagram, Vimeo, etc.) and public broadcasting services.
6.3 Ownership of physical/digital production materials will be retained by Savage Vision during the project and after its completion unless specified in the Production Brief as part of the deliverables.
6.4 Right of Ownership may be granted to the Client on final delivery only when it is agreed upon in the Production Brief; purchase of production materials will be specified to the Client in the initial quotation and subject Savage Vision’s approval.
6.5 Once the Right of Ownership is transferred to the Client upon final delivery, production materials may be re-used in future work without crediting Savage Vision as the creator or seeking permission for use from Savage Vision.
6.6 Under no circumstance is the Client allowed to assume credit as creator of production materials. If false accreditation occurs, the Client’s Right of Ownership of all production materials will be subject to assessment by Savage and may be transferred back to Savage Vision.
6.7 Ownership of additional production materials that are sourced from Third Parties by Savage Vision are retained under the license in which they were given. At no point is ownership of the Third Party’s material transferred by Savage Vision to the Client, nor is Savage Vision liable in disputes that arise if the Client’s misuses Third Party material.
6.8 All copyrighted material recorded by Savage Vision or included in the final product will be retained by its original owner.
6.9 The client is responsible for the renewal of any licenses obtained during the project. In addition, licenced material obtained during the project may not be used in other projects without proper approval to do so. Savage Vision is not responsible for breaches in material copyright incurred by the Client.
6.10 If the Client requests or approves the use of additional material that requires a licencing fee, any costs associated with obtaining licenses will be paid by the Client. Savage Vision will be reimbursed for any expenses incurred in acquiring the license for use of additional material from a Third Party.
6.11 Savage Vision is not responsible for any legal claims or actions relating to the contents of the final product unless it is proven to be at fault within the confines of the production.
7.0 Definition of Key Terms
7.1 The following outlines the definition and understanding of key terms as they relate to their use throughout Terms of Service. In doing so, this further encompasses any alterations made to the original Terms of Service (as noted in 1.4).
Changes: this term refers to any alterations requested by the Client during the project and are categorised as either major or minor depending on the nature of the change. A minor change may include removing a portion of footage, changing an edit point, a minor change in a title. These are usually given at no additional cost as the original approved Production Brief is adhered to. A major change would include significant structural modification or revamping; this would include a total re-edit of the footage in post-production, an entirely new colour grade or re-shooting more material. Overall, minor changes are those that fit within the agreed upon time specified in the quote, while major changes are those that would require a contribution of time that exceeds the initial quote.
Deliverables: the final product resulting from a client solicitating services from savage Vision. The specifications of the services are outlined in the Production Brief.
Draft version (Rough Cut): a refined version of the product offered for the Client to comment on and suggest changes to be integrated into the final version.
Final product: the final version to be transferred transferred to the Client for public distribution as specified under deliverables in the Production Brief.
Final version: this term refers to the version provided to the Client for approval before the completion of the project. Unlike a draft version, it does not allow the Client to request any changes without re-negotiation of the quote.
Invoice: a formal request for payment to be paid within the allocated timeframe.
Quotation: a breakdown of estimated costs provided with the Production Brief to give the Client clear understanding of the intended project.
Rough assembly: an arrangement of material to provide a rough sense of structure. Not to be used for public distribution, but an estimation of what the final product could be.
Permissions: documentation relating to media/talent release forms, Third Party intellectual property as well as permission to shoot at given locations.
Project: the term Project includes all aspects of the production conducted between the Client and Savage Vision.
Production Brief: a written overview of key aspects of the proposed project. It may be a detailed full document; however, on smaller projects, an outline of work given in an email exchange will suffice.
Production materials: includes any digital and physical files created in the creative process of the project. It is not limited to unedited/edited production files (audio, video or photo) and would extend to scripts, storyboards, visual guides and any other material or Intellectual Property that is generated within the project.