Terms and Conditions
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and apply to all contracts and all work undertaken by Filmwerks Media group for its clients.
OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Filmwerks Media Group under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and Filmwerks Media Group submit to the non-exclusive jurisdiction of the courts in and of Tasmania in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla”, we endeavor to ensure that the web sites we create are compatible with all current modern HTML 5 web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Filmwerks Media Group and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Photography / Video
The following terms and conditions are the sole basis by which Filmwerks Media Group (“FMG”) and Client hereby accepts said terms and conditions on both sides as evidenced by their signature of approval.
All videos/photos are copyrighted by FMG with all rights reserved. The client understands that reproduction of any video/photos in whole or in part without the expressed written permission of FMG is illegal and prohibited.
The client agrees to pay all package prices and/or fees as designated in the designated contract and in any subsequent contract additions and/or revisions. Client will be provided with copies of all contract addendums and/or revisions.
Video/photos will be completed and ready for deliver within two to three weeks of the shoot date. Video/photos will be delivered upon payment of contract in full. FMG retains rights to all raw footage videotaped or shot.
FMG Carries $1,000,000 / 2,000,000 aggregrate general liabilty insurance for those clients who require such insurance.
Limitation of Liability
FMG will take utmost care to produce a video/photos of the highest quality, but will not be held responsible for acts of God and/or circumstances beyond our control, including but not limited to power failure, equipment malfunction, defective tape stock and/or Client misuse of equipment. Under any and all circumstances which prohibit production of video, the total liability of FMG is limited to the refund of the retainer and any monies paid toward final cost of video.
In the unlikely event of serious personal injury or emergency circumstances beyond the control of FMG, a substitute videographer/photographer, subject to the acceptance by the client, may be dispatched to fulfill the obligations of contract. If securing a videographer/photographer is not possible, or if the client declines such substitution, the client will receive a full refund of retainer. Total liability of FMG is limited to the refund of the retainer and any monies paid toward the final cost of the video/photos.
FMG will not video/photograph any event in the rain or other inclement weather such as would damage FMG’s equipment. If weather conditions prohibit capturing the event either in part or in whole and arrangements have not been made to move event indoors, retainer and moneys paid are non-refundable.
The client gives permission and FMG reserves the right to use any or all of the video and digital photos for FMG promotional, marketing and/or advertising purposes.
It is the sole responsibility of the client to secure permission of the venue (examples include, but are not limited to, churches, synagogues, concert halls, courtrooms, etc.) to setup video equipment and record video with or without flash. Retainer and moneys paid are non-refundable if facility prohibits FMG’s ability to record video.
FMG will abide by all rules of the facility and/or directions of staff (if applicable) and/or facility coordinator(s) in regard to camera set-up and will not be held responsible for absence of certain shots due to such rules and/or directions, or due to interference of guests or vendors, including the photographer. Client acknowledges that video/photo requires reasonable lighting and that production may be compromised due to low or poor light levels. In certain low light situations, FMG may suggest use of a professional camera-mounted light as approved by the client.
Code of Conduct
FMG videographers will always consider the requirements and desires of the client in terms of video capture, editing, and style, but reserve the right to use their professional opinion in any circumstance. The client has viewed samples of FMG’s work and is completely satisfied with its quality and with FMG’s video production capabilities and artistic style. Changes in the finished product to accommodate aesthetic or personal tastes will result in additional fees. FMG’s DVD authoring technology produces videos on DVD-R media which occasionally can be incompatible with some DVD players. If client cannot playback DVD, FMG will alternatively produce video on ONE DVD+R media. The purpose of the retainer is to reserve the shoot date. In the event of client's indefinite postponement or cancellation of this contract, the retainer and any monies paid will be forfeited to FMG. Postponement or cancellation of contract must be in writing, sent by mail.