Here are the Video Production Terms and conditions for Nielen Video Production Pty Ltd. We recommend you read our T&Cs before you start your production.

Agreeing via email to a quote, a digital signature activated from a production proposal or payment of deposit for the production is deemed acceptance of these terms and conditions under South Australian Law and will be taken as intent to proceed with a video project.
 
Customers are required to agree to the following terms and conditions before proceeding with a video project.
Any desired amendments are to be sent in writing prior to the commencement of a project for consideration.
 
 
Video Production Terms & Conditions

Definitions
In these video production terms & conditions, unless the context otherwise requires:
Consumer means any individual who acquires Nielen Video Production Pty Ltd.’s services wholly or predominately for personal, domestic or commercial use.

Customer means any person or entity requesting Nielen Video Production Pty Ltd. to provide Services.
Agreed Fee means the fees estimated by Nielen Video Production Pty Ltd. in any quotation once accepted by the Customer.

Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to Nielen Video Production Pty Ltd. for the purposes of Nielen Video Production Pty Ltd. supplying the Services.

Raw Footage means master footage recorded by Nielen Video Production Pty Ltd. as part of provision of the Services.
Services means video production and/or post-production services.
Project means video production in its entirety.

Application
These video production terms & conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Nielen Video Production Pty Ltd. with any Customer in relation to the provision of Services by Nielen Video Production Pty Ltd.
All work carried out by Nielen Video Production Pty Ltd. is on the basis that the Customer has agreed to these Terms and Conditions

Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for Nielen Video Production Pty Ltd. to film at a particular venue, location or event.

Artistic License
The Customer acknowledges and agrees that editing a video and the production of finished works may include elements of artistic expression and interpretation. Nielen Video Production Pty Ltd. reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Nielen Video Production Pty Ltd. on request.

Customer Acknowledgements
The Customer acknowledges and agrees that:
Nielen Video Production Pty Ltd. will have a lien on Materials provided by the Customer; and
No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Nielen Video Production Pty Ltd. will be transferred to the Customer until the Customer pays all amounts due to Nielen Video Production Pty Ltd. in full.

The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Nielen Video Production Pty Ltd., the Customer is entitled to receive the finished works, but has no entitlement to the working files of Nielen Video Production Pty Ltd.

The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Nielen Video Production Pty Ltd. are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Nielen Video Production Pty Ltd., its employees and subcontractors.

The Customer indemnifies and holds Nielen Video Production Pty Ltd. harmless from any claims or legal actions related to the content of the Customer’s video.

Customer’s Materials
All Materials are used and stored by Nielen Video Production Pty Ltd. solely at the Customer’s risk and Nielen Video Production Pty Ltd. is under no obligation to insure any Materials.

Neither Nielen Video Production Pty Ltd. nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;

Nielen Video Production Pty Ltd. will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Nielen Video Production Pty Ltd. even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of all materials delivered to Nielen Video Production Pty Ltd. for the purpose of the Video.

Project Delays and Liability
Any estimate of the date by which Nielen Video Production Pty Ltd. will complete any part of the Services is contingent upon the Customer providing complete instructions to Nielen Video Production Pty Ltd. and fully cooperating with Nielen Video Production Pty Ltd. until Nielen Video Production Pty Ltd. has ceased providing Services to the Customer.

The Customer must appoint a person who has complete authority to provide instructions to Nielen Video Production Pty Ltd. and respond to requests for feedback until Nielen Video Production Pty Ltd. has ceased providing Services to the Customer.

Nielen Video Production Pty Ltd. cannot be held liable for project delays that are caused by a lack of communication on behalf of the Customer, an Act of God or equipment failure, or any other reason not directly the fault of Nielen Video Production Pty Ltd.

Sub-Contracting
Nielen Video Production Pty Ltd. reserves the right to sub-contract any Services that Nielen Video Production Pty Ltd. has agreed to perform for the Customer as it sees fit.

Talent/Background persons/Staffs
If the customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the customer to obtain the necessary permissions. Nielen Video Production Pty Ltd. cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the customer's expense.

Nielen Video Production Pty Ltd. will at the request of the customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.

Customer Undertakings and Warranties
The Customer must obtain all necessary permissions and authorities with respect to the use of the Materials which are to be included in the Customer’s video. The Customer indemnifies Nielen Video Production Pty Ltd. from any possible liability for the use of any customer-supplied media in the Customer's video.

Recorded Material Ownership
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Nielen Video Production Pty Ltd. until full payment is made for the Services.

Where Services remain unpaid or in the event that a final agreed payment is not made, Nielen Video Production Pty Ltd. reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.

Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Nielen Video Production Pty Ltd. will remain the property of the author or legal entity owning the copyright.

Intellectual Property Raw Footage
Nielen Video Production Pty Ltd. does not retain the intellectual property of the video production and raw footage. Once paid for, all final edits and raw footage become the property of the customer.

Intellectual Property Licensed Materials
Where one-off licenses are paid for various materials used in the production, or if the material is from a Nielen Video Production Pty Ltd. Subscription supplier, the customer must re-license the material and/or obtain permission from Nielen Video Production Pty Ltd. or pay for another license if they intend to reuse the materials in another production. Nielen Video Production Pty Ltd. will not be held liable for breaches in material copyright caused by the customer.

Shot Footage
Nielen Video Production Pty Ltd. will record the video footage for the project using quality cameras and lighting. If the Customer rejects the footage after it has been edited, unless it is an obvious mistake or poor workmanship by Nielen Video Production Pty Ltd., then a full re-shoot and editing costs will apply.

Special Provisions for Anomalous Footage
Nielen Video Production Pty Ltd. reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Nielen Video Production Pty Ltd..
Nielen Video Production Pty Ltd. has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Nielen Video Production Pty Ltd. and the Customer. The copyright of such segments will belong exclusively to Nielen Video Production Pty Ltd..

Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months, Services have not been paid for, Nielen Video Production Pty Ltd. reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

Raw Footage
The Customer may have Raw Footage transferred to their own supplied hard disk, or uploaded as required, the Customer must pay Nielen Video Production Pty Ltd. an additional fee of $250.00 plus GST from 20GB to 100GB other sizes are by negotiation.

Failure of Equipment or illness of Nielen Video Production Pty Ltd. employees and contractors
Whilst all reasonable care and preparation is taken for videography and editing, Nielen Video Production Pty Ltd. will not be liable for any compensation except for the return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Nielen Video Production Pty Ltd. or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

Right of Refusal or Termination
Nielen Video Production Pty Ltd. reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Nielen Video Production Pty Ltd. is placed in a position where there is an actual or apparent risk of injury; or
there is a risk that any of the equipment used may be damaged.
If Nielen Video Production Pty Ltd. terminates the provision of Services then any Deposit paid by the Customer is non-refundable.

Nielen Video Production Pty Ltd. may seek compensation from the Customer for any loss or damage suffered.
Limitation of Liability

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).

Except to the extent of Non-excludable Rights, Nielen Video Production Pty Ltd. will not be liable for:
Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and
Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by CVP in writing and the liability of Nielen Video Production Pty Ltd. for any such matters is hereby excluded.

Where (and to the extent) permitted by law the liability of Nielen Video Production Pty Ltd. for a breach of a Non-excludable Right can be limited, Nielen Video Production Pty Ltd.’s liability is limited, at Nielen Video Production Pty Ltd.’s option, to one of the following:
The supply of the service again; or
Payment for the cost of having the services supplied again.
Notwithstanding any other provision, Nielen Video Production Pty Ltd. is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
Any increased costs or expenses;
Any loss of profit, revenue, business, contracts or anticipated savings;
Any loss or expense resulting from a claim by a third party; or
Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

Force Majeure
If Nielen Video Production Pty Ltd. cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Nielen Video Production Pty Ltd.’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.

Legal Costs
The Customer will be liable for any legal costs incurred by Nielen Video Production Pty Ltd. in the recovery of unpaid invoices on an indemnity basis.

Privacy
All information received by Nielen Video Production Pty Ltd. from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

Public Broadcast
Nielen Video Production Pty Ltd. retains the right, unless instructed otherwise in writing by the Customer, to display Customers videos on the Nielen Video Production Pty Ltd. website, YouTube, Vimeo or similar public video broadcast sites.

Amendment
Nielen Video Production Pty Ltd. reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.

Variations, Approvals and Proofing
Once the client has approved or supplied the Brief/Script/Storyboard, and deposits have been paid, Nielen Video Production Pty Ltd. will commence production. After editing Nielen Video Production Pty Ltd. will provide the customer with a draft edit of the video/s for approval. The Customer must then within notify Nielen Video Production Pty Ltd. within fourteen (14) days, that the video/s or part thereof is approved or list all proposed tweaks in once instance.

Once the tweaks have been made, Nielen Video Production Pty Ltd. will provide the Customer with a ‘final draft’ which is to be used solely for the purpose of verifying that the supplied tweaks have been correctly implemented. If they haven't been implemented correctly then Nielen Video Production Pty Ltd. will tweak until the customer is satisfied.

The Customer must notify Nielen Video Production Pty Ltd. of any errors in the draft copy within fourteen (14) days. Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed without notice from the client, Nielen Video Production Pty Ltd. may refuse to make any further tweaks and will issue the final Invoice due within 7 days

The Customer acknowledges that some tweaks or changes may not be possible.

Tweaks
Are minor adjustments to the approved script. A tweak is a slight adjustment to the video edit,
A tweak could comprise of: removing a picture or piece of video, changing an edit point, change of colour, a minor change in a title. These are usually given at no cost as long as the original approved script/ brief or storyboard is adhered to.

Changes
Changes are variances from the supplied or agreed script. Changes requested by the Customer may be liable to additional charges from Nielen Video Production Pty Ltd.

A Change is: new footage, new titles, new order of edit points, a new voice over and generally anything that is new to the supplied script/brief or story board.

Quotations
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on daily rates. Two rounds of Customer tweaks and/or revisions are included in each quotation.
If the Customer instructs Nielen Video Production Pty Ltd. that significant changes and/or revisions to the scope of the Services described in a quotation are required then Nielen Video Production Pty Ltd. shall be entitled to charge an additional Fees based on their standard post production/editing/or video length rate

Payment Policy
A 50% deposit is payable on acceptance of the quote. No work or concepts will be started or delivered until the deposit payment has cleared.

Balance is payable on completion and before final delivery is made, or if the client does not respond with changes or supply media for Nielen Video Production Pty Ltd. to complete the project, within 14 days after any proof has being supplied, a final balance invoice will be then be issued and due within 7 days of invoice date

Delivery Of Final Product
Nielen Video Production Pty Ltd. requires payment in full before final delivery of product to client, unless other arrangements have been entered into.


Cancellation
If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Nielen Video Production Pty Ltd. are not refundable. If no deposit has been paid and work has a commenced, then the client will be liable for at least 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed 50%, further payments from client may be liable.