Terms & Conditions
NICHOLAS LIVINGSTON, ABN 96754379252
TRADING AS ‘MOVING MEMOIRS’
TERMS AND CONDITIONS
Below are the Terms & Conditions for entering into a working relationship with Moving Memoirs. The client agrees to be bound by these Terms and acknowledge the terms of our Privacy Policy. Thee Terms & Conditions constitute a legally binding agreement between the Customer and Moving Memoirs.
Moving Memoirs may need to change these Terms at any time. If we do, any changes will be published at our website (www.movingmemoirs.com.au) and they will be binding on you. If a deposit has already been made for an existing service, the updated Terms will be emailed to the Customer’s provided email address.
These video production terms & conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions, and dealings entered into by Moving Memoirs with any Customer in relation to the provision of Services by Moving Memoirs. All work carried out by Moving Memoirs is on the basis that the Customer has agreed to these Terms and Conditions.
1. SERVICES & PROCESS
Services:
Moving Memoirs provides film services, in the form of capturing life stories. These films may include ‘Autobiographical Films: Films capturing the life story of an individual’, ‘Biographical Films: Films capturing multiple people sharing about an important person in their life’, ‘Couples Films: Two people sharing about their own relationship’, and ‘Family Films: A family sharing about their own unique family’. When creating these films, Moving Memoirs will liaise with the Customer before, during, and after the filming day. Additional information will be gathered prior to the filming day to ensure the best footage is captured during the interview process. In addition to this, photos, memorabilia and additional media will be provided to Moving Memoirs by the Customer to include in the final film.
Process:
1.1 The interviews and filming will take place at a location of the Customer’s choosing, subject to agreement.
1.2 The Customer must obtain any necessary consent or permission and pay any fees which may apply for Moving Memoirs to film at a particular venue, location or event. If the Customer does not obtain the necessary consent and/or permissions, the Customer will be responsible for any legal issues arising and indemnify Moving Memoirs.
1.3 Moving Memoirs will record the video footage for the Project using quality cameras and lighting.
1.4 Moving Memoirs will edit the Raw Footage, incorporate the other provided media, and supply a draft edit of the Project to the Customer approximately six to eight (6-8) weeks after the shoot date.
1.5 The Customer must notify Moving Memoirs within fourteen (14) days of being provided the draft edit of any adjustments, edits or changes. Failing to do so will not guarantee that the preferred changes will be implemented into the final edit of the film.
1.6 The Customer acknowledges that some edits or changes may not be possible.
1.7 The Customer must also supply all additional photos and videos (Materials) to be included, prior to the agreed edit being finalised.
1.8 If the Customer rejects the footage after it has been edited, unless it is an obvious mistake or poor workmanship by Moving Memoirs, then re-shoot and editing costs will apply.
1.9 Major changes to the video (for example additional shooting) will be liable to additional charges from Moving Memoirs.
1.10 Once the tweaks have been made and extra Materials added, Moving Memoirs 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.
1.11 If they haven't been implemented correctly then Moving Memoirs will make the necessary adjustments until the customer is satisfied.
1.12 The Customer must notify Moving Memoirs of any errors in either the draft edit or final draft within fourteen (14) days.
1.13 Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed without notice from the client, the supplied draft will be considered approved and Moving Memoirs will move on to the next stage of production.
1.14 Once the final draft is approved, Moving Memoirs will supply the final Project on USB / media as agreed.
2. CLIENT/CUSTOMER OBLIGATIONS
2.1 The Customer will use reasonable endeavours to ensure the accuracy and correctness of all materials and information provided to Moving Memoirs.
2.2 You acknowledge, represent and warrant that you own your Materials or you have the right to use them and grant us a perpetual, worldwide, non-exclusive, royalty free licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Materials to complete the task in hand.
2.3 You acknowledge and agree that the content, views and opinions expressed in the finished works produced for the Customer by Moving Memoirs are solely those of the Customer. The finished works represent the opinion of the Customer and in no way reflect the views and opinions of Moving Memoirs, its employees and subcontractors.
2.4 You indemnify and hold Moving Memoirs harmless from any claims or legal actions related to the content of the Project.
2.5 You will use the Services or Project solely for lawful purposes and won’t breach your obligations to us or anyone else in doing so.
2.6 The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s video. The Customer indemnifies Moving Memoirs from any possible liability for the use of any customer supplied media in the Customers video.
2.7 The Customer must be of legal age (18) to enter into a binding agreement with Moving Memoirs.
3. PAYMENTS AND CANCELLATION
3.1 A 20% deposit of the full fee of service must be paid upon booking. Thereafter, 40% of the full fee of service must be paid no later than 72 hours before the day of filming. The remaining 40% of the full fee of service must be paid within 14 days after filming.
3.2 If the Client cancels more than 14 days before the filming date, the deposit will be repaid in full.
3.3 If the Client cancels between 7 and 14 days before the filming date, half the original deposit paid will be due.
3.4 If the Client cancels less than 7 days before the filming date, the full deposit will be retained by Moving Memoirs as compensation for the loss of business opportunity.
3.5 All advertisement, discussion, referencing and invoicing of payments are in AUD currency.
3.6 If the filming date is moved by the Client and subsequently cancelled, the cancellation payment terms will apply based on the original filming date.
3.7 The final version of the film will not be delivered until the final payment has been made.
3.8 The Customer will be liable for any legal costs incurred by Moving Memoirs in the recovery of unpaid invoices on an indemnity basis.
3.9 Moving Memoirs reserves the right to terminate the provision of Services, if the videographer, or any person(s) employed or contracted by Moving Memoirs 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.
3.10 If Moving Memoirs terminates the provision of Services as above, then any Deposit paid by the Customer is non-refundable. Moving Memoirs may seek compensation from the Customer for any loss or damage suffered.
3.11 If for any reason Moving Memoirs is required to cancel on the planned filming day, the Customer is provided the opportunity to reschedule to another day of filming, suitable to both parties.
3.12 If for any reason Moving Memoirs is required to cancel/terminate the Service after the day of filming (other than the reasons outlined in clause 3.9 and 3.10), the Customer is entitled to a full refund of amount paid.
4. MATERIALS
4.1 The Customer must retain a master copy of all materials delivered to Moving Memoirs for the purpose of the Video.
4.2 All Materials are used and stored by Moving Memoirs solely at the Customer’s risk and Moving Memoirs is under no obligation to insure any Materials. It is the responsibility of the Customer to back up and retain copies of all materials delivered to Moving Memoirs.
4.3 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.
4.4 Neither Moving Memoirs 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.
4.5 Moving Memoirs 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 Moving Memoirs even though such person is present during and involved with the performance of the Services.
4.6 The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Moving Memoirs, the Customer is entitled to receive the finished works, but has no entitlement to the working files or raw materials of Moving Memoirs.
4.7 The Customer may have Raw Footage transferred to their own supplied hard disk, or uploaded as required, at an additional fee of $1 plus GST for each 1GB of footage.
5. INTELLECTUAL PROPERTY
5.1 The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Moving Memoirs until full payment is made for the Services.
5.2 No title (including any copyright) in the Services manufactured, produced, duplicated, or otherwise provided by Moving Memoirs will be transferred to the Customer until the Customer pays all amounts due to Moving Memoirs in full.
5.3 Once paid for, full ownership of the Project is assigned to the Customer. The Customer may share the Project for personal use, however any distribution of the Project for commercial use is strictly prohibited.
5.4 Moving Memoirs maintains the right to use any/all footage and media captured, edited and compiled for the sake of marketing, this includes even after the Project has been completed.
5.5 Where Services remain unpaid or in the event that a final agreed payment is not made, Moving Memoirs 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.
5.6 Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Moving Memoirs will remain the property of the author or legal entity owning the copyright.
5.7 Where one-off licenses are paid for various materials used in the production, or if the material is from an Moving Memoirs subscription supplier, the customer must re license the material and/or obtain permission form Moving Memoirs or pay for another license if they intend to reuse the materials in another production. Moving Memoirs will not be held liable for any breaches in material copyright caused by the customer.
5.8 Moving Memoirs’ Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use Moving Memoirs Intellectual Property for any other purpose other than to use and access the Services in accordance with these Terms.
6. DELAYS / FAILURE TO DELIVER
6.1 Any estimate of the date by which Moving Memoirs will complete any part of the Services is contingent upon the Customer fully cooperating with Moving Memoirs until we have ceased providing Services to the Customer. Delays caused by lack of communication on behalf of the Customer may affect the estimated completion date.
6.2 Moving Memoirs cannot be held liable for project delays which are caused by lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of Moving Memoirs.
6.3 If Moving Memoirs fails to deliver the Project within six (6) months of filming, the Customer has the right to request a refund of all money paid, with the exclusion of the intial deposit.
6.4 Whilst all reasonable care and preparation is taken for videography and editing, Moving Memoirs will not be liable for any compensation except for 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 Moving Memoirs or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
6.5 If Moving Memoirs 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 Moving Memoirs’ obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.
7. LIMITATION OF LIABILITY
You agree that your use of the Services is subject to you acknowledging and agreeing that:
7.1 To the full extent permitted by law, Moving Memoirs isn’t responsible for any injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Service. The Customer will hold us harmless for any loss or damage that you or any third party suffers in connection with the use of the Services.
7.2 Subject to any law, such as the Australian Consumer Law, our maximum liability to you will be limited to any amount that you have paid to use, create and access the Services.
7.3 The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Moving Memoirs 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 Moving Memoirs, its employees and subcontractors.
7.4 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”).
7.5 Except to the extent of Non-excludable Rights, Moving Memoirs 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 in writing, and the liability of Moving Memoirs for any such matters is hereby excluded.
7.6 Where (and to the extent) permitted by law the liability of Moving Memoirs for a breach of a Non-excludable Right can be limited, Moving Memoirs’ liability is limited, at Moving Memoirs’ option, to one of the following; the supply of the service again, or repayment of the original fee charged.
7.7 Notwithstanding any other provision, Moving Memoirs 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.
7.8 The Customer indemnifies and holds Moving Memoirs harmless from any claims or legal actions related to the content of the Customer’s Project.
8. GENERAL / MISCELLANEOUS
8.1 You agree to indemnify Moving Memoirs from and against any and all liabilities, costs, demand, causes of action, injuries, damages, claims and expenses (including legal fees) arising out of, directly or indirectly, your breach or any breach that you permit to use the Services, of these Terms.
8.2 If any clause/s in these Terms are unenforceable or are invalid under any applicable law, that doesn’t make these Terms unenforceable or invalid as a whole. Any unenforceable or invalid provisions can be deleted without affecting the remaining provisions in these Terms.
8.3 We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
8.4 These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You submit yourself to the state and federal courts located in the State of Victoria, Australia for the resolution of any disputes.
8.5 Moving Memoirs reserves the right to sub-contract any Services that we have agreed to perform for the Customer as we see fit.
8.6 All information received by Moving Memoirs 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.
8.7 Moving Memoirs will use reasonable endeavours to ensure the accuracy and correctness of all materials and information displayed on our website and in our content. However, we cannot guarantee their accuracy, adequacy, or completeness at all times.
Moving Memoirs 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. Any queries or request of changes to these Terms & Conditions should be forwarded to hello@movingmemoirs.com.au.