By purchasing Production Services from JJ Splice Films Pty Ltd (“The Company”) you (“The Client”) agree to the following terms of service.
By or using the Production Services The Client agrees to be bound by these Terms. If the Client disagrees with any part of the terms then The Client may not access the Service.
1. The Services
The Company will provide the following services to The Client:
a) Film video material of The Client’s dramatic performance b) Edit material of The Client’s dramatic performance into professional videos per the specifications described on the checkout page. c) Make the finished material available to The Client via an online link which is downloadable d) Provide other services at its sole discretion as agreed in writing
2. Compensation and Payment
The Client agrees to pay the Company the amount specified on the Checkout page or the Packages page.
Unless The Client has signed up for a Payment Plan, The Client agrees to pay 50% of the total cost of the Services at the time of booking the Services and agrees to pay the remaining 50% balance prior to the agreed shoot date.
The Company accepts Visa, MasterCard, American Express and Direct Bank Transfer.
The Company may, at its sole discretion, offer the Client a Payment Plan under which they can split the total cost of the Services into 10 payments due weekly and deducted automatically by The Company's payment provider from The Client's bank account. Payment Plans incur fees which are added to the cost of The Service. It is the responsibility of The Client to ensure sufficient funds are available in The Client's nominated bank account to enable The Company's payment provider to deduct 10% of the total cost of the Services (plus fees) on a weekly basis until the total cost of The Service plus fees has been deducted. In the event that a payment is declined due to The Client having insufficient funds in their account, The Company reserves the right to cancel The Client's booking for the Services and charge The Client a fee equivalent to 20% of the total cost of the Service. In the event that The Client has a missed payment due to insufficient funds and The Company elects not cancel the Services requested by The Client, The Company will only film with The Client after such time as The Client has paid 100% of the total cost of The Services, including and fees; and The Company will only deliver the proceeds of the Services (ie video material filmed of the client) after such time as The Client has paid 100% of the total cost of The Services, including and fees.
The Company may, at its sole discretion, accept payment in BitCoin (BTC) or Ethereum (ETH). In the case of payment being made in ETH or BTC, The Company and The Client will mutually agree on a fixed amount of ETC or BTC which is equivalent to the value of the service in Australian Dollars at the the transaction is processed.
The Company will, upon request of The Client, provide a Tax Invoice to The Client.
All prices on the Checkout page and advertised on The Company's website include 10% GST.
3a. Cancellation & Reschedule Policy
The Client acknowledges that substantial physical and human resources are expended by the Company in the preparation and creation of each Showreel project and that when cancellations or reschedules are requested, The Company remains liable for these costs.
Payments made by The Client to The Company are non-refundable. In the event of cancellation of the services by The Client, The Company will issue The Client with a Credit Note equal to the value of the service purchased, less any cancellation or re-schedule fees that apply.
Credit Notes can be applied towards any digital or physical product or service The Company offers (including short courses, online courses, music videos, consultations, event capture, EPK production, vidoe marketing, etc.)
In the event that The Client requests Cancellation within 30 days of making payment, The Company may, at its sole discretion, provide a cash refund under certain circumstances, after applicable fees have been applied.
3b. Cancellation Fees
If The Client cancels their Showreel prior to 14 days before the agreed shoot date, The Client will be charged a cancelation fee equivalent to 30% of the total cost of the Showreel.
If The Client cancels their Showreel within 14 days of the agreed shoot date, The Client will be charged a cancelation fee equivalent to 50% of the total cost of the Showreel.
At The Client’s request, The Company will provide a Credit Note of equivalent value to the total cost of the Showreel, less the Cancelation Fee
3c. Reschedule Fees
The Client may reschedule their Showreel Shoot at no cost if they request to do so within 48 hours of making their booking
The Client my reschedule their Showreel Shoot at no cost if, at the time of their Showreel Shoot they are required to self-isolate or quarantine because they have tested positive for COVID-19, or are a close contact of someone who has tested positive for COVID-19
If The Client reschedules their Showreel shoot prior to 14 days before the agreed shoot date, The Client will be charged a reschedule fee equivalent to 10% of the total cost of the Showreel .
If The Client reschedules their Showreel shoot within 14 days of the agreed shoot date, The Client will be charged a reschedule fee equivalent to 30% of the total cost of the Showreel.
4. Rescheduling for Illness
If The Client is feeling unwell or has any COVID-19 symptoms, The Client agrees not to attend the shoot and notify The Company as soon as possible.
The Client will not be charged a reschedule fee under the following circumstances:
If The Client returns a positive COVID-19 test within 7 days prior to the shoot
If The Client is required by Government health authorities to self-isolate or quarantine
If The Client is unable to attend their Showreel Shoot because of border closures, travel restrictions or lockdowns due to COVID-19
The Company shall have the right to photograph, record and / or otherwise produce, reproduce, transmit, exhibit, distribute and publicise in connection with the film any and all of the acts, poses, plays and appearances of any and all kinds of The Client appearing in the film containing such acts, poses, plays and appearances.
The Company shall likewise have the right to use and give publicity to The Client's name and likeness, photographic and otherwise, and to recordings and reproductions of The Client's voice and all instrumental, musical and other sound effects produced by The Client in the said film in order that it may be publicised or advertised.
6. Ownership of Materials
The Company shall retain all rights to all original materials, data and similar items, including video and audio originated by The Company hereunder in connection with the Services under this agreement. All services, software, documents, screenplays, schedules, manuals or any other intellectual property used by The Company shall at all times be the sole property of The Company and under no circumstances shall The Client have any interest in or rights to the title to property. The Client acknowledges that The Company may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
7. License of Materials
Upon receipt of full and final payment of the Fees owed to The Company by The Client, The Company will grant the The Client non-exclusive licence to all finished video content pieces created for the Showreel, in all media, all territories in perpetuity.
In the event that The Client fails to pay any amounts owing to The Company or initiates a Credit Card Chargeback for amounts paid to The Company, The Company will immediately revoke The Client's licence the work. In this circumstance, The Company reserves all rights to protect its ownership in the work and prevent unauthorised distribution, including issuing DMCA notices
8. Payment Terms
The Company will consider The Client's selected Shoot Date confirmed when either:
The Client has paid in full the total cost of their Showreel Package
or The Client has paid 50% of the total cost of their Showreel Package
or The Client has set up a successful direct debit mandate using GoCardless and agreed to pay the cost of their Showreel Package in instalments.
Unless one of the above has occurred The Client's Shoot Date is not confirmed and may not be available.
If The Client chooses to pay using a direct debit mandate in instalments, the following applies:
An amount equal to 50% of the total cost of the Showreel Package must have been paid by The Client and received by The Company prior to the Shoot Date.
And all scheduled direct debit mandates must have succeeded prior to the shoot date. If a direct debit mandate is rejected by The Client's bank because of insufficient funds, then The Client must pay 100% of the cost of their Showreel Package prior to their Shoot Date.
Except where The Client has set up a Payment Mandate through GoCardless, full payment of the total cost of the Showreel Package must be received in advance of the scheduled Shoot Date.
In the event that payment is not received by the Shoot Date, The Company reserves the right to charge interest at the 90 day Bank Bill Swap Bid Rate (as quoted on Reuters page BBSY at 10.45am) plus 5% commencing from the due date of payment in respect of all the The Client's indebtedness which is overdue. Any interest so levied shall accrue on a daily basis and shall accrue until all monies owing are paid in full. The Purchaser shall also be liable to pay all expenses, legal costs on a solicitor and own client basis, of the Supplier in relation to obtaining remedy of the failure to comply.
In the event that payment is not received by the Shoot Date, the Shoot will not proceed. Any and all video footage, still photographs, sound recordings and any other assets whatsoever remain the property of The Company and The Client is prohibited from using or dealing with this property in any way whatsoever.
9. Proprietary Information and Use of Materials
All information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information.
Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (1) previously known to the receiving Party, (2) independently developed by the receiving Party, (3) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (4) acquired through the public domain through no breach by the receiving Party of this Agreement.
The Client agrees that The Company has the right to use materials created pursuant to this Agreement for The Company’s portfolio, samples, self-promotion including advertising for The Company’s business including any social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, The Company and The Client may agree in writing to such limitation.
10. Limitation of Liability
The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event The Company is determined to be liable for any such loss, Client's sole remedy against The Company is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by Client. The Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
11. Handling of Disputes
A. If a dispute arises in connection with this agreement, which dispute is not able to be resolved by the parties within 14 days, the nominated senior officer of both parties will meet and discuss in good faith with a view to resolving such dispute. If any dispute remains unable to be resolved the parties agree to endeavour in good faith to settle the Dispute by mediation administered by the Australian Commercial Disputes Centre before having recourse to litigation
B. The Parties agree that any dispute regarding payment pursuant to this Agreement, and any claim made by The Client for return of monies paid to The Company, shall be handled in accord
C. If a dispute arises in connection with this agreement, which dispute is not able to be resolved by the parties within 14 days, the nominated senior officer of both parties will meet and discuss in good faith with a view to resolving such dispute. If any dispute remains unable to be resolved the parties agree to endeavour in good faith to settle the Dispute by mediation administered by the Australian Commercial Disputes Centre before having recourse to litigation
D. The Parties agree that any dispute regarding payment pursuant to this Agreement, and any claim made by Client for return of monies paid to The Company, shall be handled in accordance with this sub clause B and applicable State and Federal laws. Specifically, if Client cancels credit card payments after the three day cancellation period permitted by law and outlined in this Agreement, this Agreement is immediately terminated, and The Company reserves the right to dispute such cancellation and pursue Client for monies owed to The Company for services already performed but unpaid by Client due to such credit card cancellation. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancellation dispute, it is liable to pay The Company for the work already performed as of the time of the cancellation request, at an hourly rate of two hundred Australian dollars ($200AUD) per hour, excluding GST, for all hours spent on Client’s project. The Company will provide Client with an itemisation of hours spent within a reasonable time upon the request of the Client and payment will be expected in full within 30 days from the date such itemisation is provided. If Client does not pay for such hourly work upon The Company’s demand and within 30 days, The Company reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if The Company is successful in any credit card cancellation dispute, The Company reserves the right to pursue Client for the costs The Company had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time The Company and its representatives spent handling such dispute, at The Company’s hourly rate of $200.
12. No Guarantee
The Client confirms that it has entered into this agreement exclusively on the basis of its own enquiries and has not relied on any representations by the Company other than those, if any, specified in this agreement.
The Company warrants that it will act diligently and responsibly in provision of the services. It does not however warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of The Company may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
The Client agrees to indemnify, defend, hold harmless the Company and its officers, employees from and against any and all claims, actions,damages , liabilities and expenses arising out of the breach of any obligation, warranty or representation in this agreement. The client shall indemnify the Company against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing fees or royalty fees resulting from the unauthorized use of video, film, graphics, music, design or other content.
14. Entire Agreement
This Agreement is the final, complete and exclusive Agreement of the Parties (save only for the Product Information document). No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
The Client warrants that it is the exclusive owner of all and any materials provided to the Company under clause 2A-F and has authority to provide this to the Company for the purposes of this agreement and more specifically disclosure and advertising to third parties. The Client representative(s) undertake that he/she/they have authority to sign this agreement and to bind the Client to the obligations within this clause.
17. Interpretation and Enforcement
The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of New South Wales. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of New South Wales.
18. COVID Safe
The Client warrants the following:
a) The Client does not have symptoms of COVID-19 at the time of the shoot b) The Client is not required by NSW or Australian health authorities to self-isolate c) The Client has not knowingly been in contact with anyone who has tested positive to COVID-19 within 14 days prior to the shoot d) The Client agrees to adhere to the Company's COVID-Safe work requirements at all times