TERMS AND CONDITIONS OF TRADE

Consta Creative Pty Ltd (ABN 42 053 716 918) (“We”, “Us”, “Production House”) provides video production and creative services to you (“Client”, “You”). By accepting a Quote or engaging our Services, you agree to be bound by this Agreement.

1. DEFINITIONS & INTERPRETATION

  • "Project": The specific video production or creative services detailed in the Statement of Work (SOW) or Quote.

  • "Deliverables": The final, exported video files (e.g., MP4, MOV) provided to the Client upon completion.

  • "Raw Footage": The unedited camera files, audio stems, project files (e.g., Premiere Pro/DaVinci projects), and log files created during production.

  • "Intellectual Property (IP)": All copyright, moral rights, and other proprietary rights in the works created.

  • "Scope Change": Any request by the Client that falls outside the original SOW (e.g., extra filming days, new scenes, changing music after approval).

2. SERVICES & BOOKINGS

2.1 Engagement: We agree to provide the Services described in the Quote/SOW with due care and skill. 2.2 Exclusions: Unless explicitly listed in the Quote, our Services do not include: location fees, talent casting, hair/makeup, travel beyond 50km of Melbourne CBD, or purchase of specific props. 2.3 Booking Status: A booking is not confirmed until the Booking Fee (Deposit) has been paid. We reserve the right to accept other work for that date until payment is received.

3. PAYMENT TERMS

3.1 Fees: All fees are quoted in Australian Dollars (AUD).

  • Australian Clients: Fees are exclusive of GST unless otherwise stated.

  • International Clients: Services may be GST-free exports subject to Australian Taxation Office (ATO) regulations. You are responsible for any local withholding taxes or duties in your jurisdiction. 3.2 Payment Schedule: Unless otherwise agreed in the Quote:

  • 50% Booking Fee: Non-refundable, due upon acceptance of Quote to secure resources.

  • 25% Production Milestone: Due upon completion of Principal Photography.

  • 25% Balance: Due prior to the release of the Final Deliverables without watermarks. 3.3 Late Payment: Invoices not paid within 14 days may incur a late fee of 5% per month. We reserve the right to withhold delivery of final assets until all outstanding accounts are settled.

4. CANCELLATION & POSTPONEMENT

4.1 Client Cancellation: If you cancel the Project, the following applies based on notice given:

  • More than 30 days notice: Full refund.

  • Less than 24 hours notice: 15% of the Total Project Fee is payable. 4.2 Weather Postponement: If a shoot is impossible due to weather (as determined by Us), we will reschedule without penalty. However, you are liable for any hard costs already incurred (e.g., equipment rental, crew cancellation fees). 4.3 Force Majeure: Neither party is liable for failure to perform due to "Force Majeure" events (e.g., pandemics, government lockdowns, natural disasters). In such cases, the Project will be suspended. If suspension exceeds 60 days, either party may terminate, provided you pay for all work completed up to that point.

5. INTELLECTUAL PROPERTY (IP) & DATA RETENTION

5.1 Ownership: Consta Creative retains full ownership of the copyright in all Raw Footage and Project Files. 5.2 License to Client: Upon full payment of the Final Invoice, We grant you a perpetual, worldwide, non-exclusive license to use, broadcast, and distribute the Final Deliverables for the purpose defined in the SOW (e.g., "Web & Social Media Use"). 5.3 Raw Footage: This Agreement does not grant you rights to the Raw Footage or Project Files. If you require these assets, they may be purchased for an additional "Buy-Out Fee" (typically 50-100% of the project total). 5.4 Portfolio Rights: You grant us the right to display the Final Deliverables and Behind-the-Scenes imagery in our portfolio, website, and social media for promotional purposes. 5.5 Moral Rights: You agree to respect the Moral Rights of our creators. You will not materially alter the work (e.g., re-editing a finished film) without our prior consent, unless otherwise agreed. 5.6 Data Retention & Archival:

  • Raw Footage: Consta Creative will retain Raw Footage and Project Files for a maximum period of 12 months from the date of project completion. After this period, we reserve the right to permanently delete these files without further notice. There are no guarantees that Raw Footage will be available after 12 months.

  • Final Deliverables: While Consta Creative will keep copies of the finalized, edited projects on file, it is the complete responsibility of the Client to download, back up, and securely store these Final Deliverables on their own systems immediately upon receipt. Consta Creative accepts no liability for data loss once the files have been delivered to you.

  • Temporary Links: All distribution links (e.g., Dropbox, Vimeo, Frame.io) provided for the delivery of Final Deliverables are temporary. You should not expect these links to remain active for more than 30 days from the date of completion.

6. CREATIVE PROCESS & REVISIONS

6.1 Revisions: The Quote includes two (2) rounds of revisions for each Deliverable. A "Revision" is defined as minor tweaks to editing, color, or audio levels. 6.2 Scope Creep: Requests that involve structural changes, new content, or changes to elements previously approved (e.g., changing the music track after the rough cut) are Scope Changes and will be billed at our standard hourly rate. 6.3 Feedback Timeline: You agree to provide consolidated feedback within 5 business days of receiving a draft. If no feedback is received within 10 days, the draft will be deemed accepted and the final invoice issued.

7. CLIENT OBLIGATIONS & WARRANTIES

7.1 Approvals: You represent that you have the authority to enter this Agreement. You will designate one representative to provide binding feedback to avoid conflicting instructions. 7.2 Assets & Indemnity: You warrant that any materials you provide to us (logos, scripts, music, photos) do not infringe any third-party rights. You agree to indemnify Consta Creative against any claims (including legal costs) arising from our use of materials provided by you. 7.3 Permissions: You are responsible for obtaining all necessary permits, location releases, and talent releases for your own staff, premises, or guests. We are not liable if a person filmed refuses to sign a release.

8. LIABILITY & SAFETY

8.1 Safety: We reserve the right to terminate filming immediately if our crew is placed in an unsafe, hostile, or illegal environment. In such cases, full fees remain payable. 8.2 Limitation of Liability: To the maximum extent permitted by the Australian Consumer Law (ACL):

  • Our liability for any loss or damage is limited to the total fees paid by you for the Project.

  • We make no warranty regarding the commercial performance (e.g., ROI, sales, views) of the video content.

  • We are not liable for any indirect or consequential loss (e.g., loss of profit).

9. DISPUTE RESOLUTION & JURISDICTION

9.1 Governing Law: This Agreement is governed by the laws of Victoria, Australia. 9.2 Mediation: If a dispute arises, parties must attempt to resolve it in good faith via negotiation or mediation before commencing legal proceedings. 9.3 Arbitration (International): For Clients located outside of Australia, any dispute arising out of or in connection with this contract shall be finally resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English.