Terms and Conditions

Thank you for considering using our services.
Our terms and conditions are industry standard but please review the below to ensure you are happy to proceed.

Commencement

THE CUSTOMER agrees to provide written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between THE CUSTOMER and OLIVER CHAFFE concerning the work outlined in this submission.

Payment

Commencement fee upon project start - 50% of total.
We reserve the right to await receipt of this payment before work commences.
The full balance owing will be due 14 days after handover of deliverables.

We request payment by bank transfer.
Credit Card payments are possible however processing fees will be billed to client as part of the invoice.

Late Fees

Payments received after 30 days are subject to a late fee penalty of $50.00.
After the 30 payment due date interest on the balance owing will accrue at a rate of 1.5%.
After 90 days we reserve the right to refer unpaid invoices to an attorney or debt collection agency. The client will pay all reasonable attorney fees or collections fees in addition to the late fee and accrued interest.

Scope Of Work

The scope of work determines the key deliverables and expectations between OLIVER CHAFFE and CUSTOMER.

In the event you provide additional information and the scope of the Services and/or Deliverables change, the quote is subject to change.  We will discuss any changes with you prior to incurring any additional fee.

Project Cancellations

In case of cancellation after a project has started the client will pay for the relative part of the work.

Photography and Videography Cancellations or Reschedules

As cancellations represent lost income opportunity the following fees apply.
A minimum of 48 hours is required to cancel any shoot, without incurring fees.
For cancellations under 48 hours the following fees apply.
Cancellations within 24 hours - Quoted capture charged in full. Plus Art Direction (if relevant) charged at $300.
Cancellations within 48 hours - 50% of quoted capture plus Art Direction (if relevant) charged at $200.

Customer Undertakings and Warranties

THE CUSTOMER must obtain all necessary permissions and authorities in respect of the use of materials which are to be included in THE CUSTOMERS video. THE CUSTOMER indemnifies OLIVER CHAFFE from any possible liability for the use of any customer supplied media in THE CUSTOMERS video.

Rights Of Ownership

All works produced under the scope of this motion graphics design contract shall become the sole intellectual property of THE CUSTOMER, who agrees to grant OLIVER CHAFFE and any business under ownership the right to use such works as part of a portfolio as examples of past projects. Project files and developmental works which does not form part of the final deliverables remain under ownership of OLIVER CHAFFE.

Liability

To the extent permitted by law, OLIVER CHAFFE excludes all liability whether in contract, tort (including negligence), statute, or otherwise in connection with or arising out of these Terms, their performance or subject matter, regardless of how it arises, including all liability for any consequential, indirect or special loss or damage. Nothing in these Terms restrict, exclude or modify any consumer rights under any statue including the Competition and Consumer Act 2010. Where liability is imposed our liability is limited to, at our discretion, either re-performing the Services or paying you the reasonable cost of having the Services reperformed, either in full or in part up to the Fees.

OLIVER CHAFFE will not be liable for any delay or default in performance under these Terms if it is caused by any event or circumstance reasonably beyond its control, including war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, failure or default by any other supplier or service provider. Indemnity: You agree to defend, indemnify and hold OLIVER CHAFFE and any related body corporate and personnel harmless from and against any and all claims, liabilities, judgments, penalties and taxes, civil and criminal, and all costs, expenses (including, without limitation, reasonable legal fees) arising out of or relating to any breach or alleged breach of these Terms or acts of negligence by you.

Legal Costs

THE CUSTOMER will be liable for any legal costs incurred by OLIVER CHAFFE in the recovery of unpaid invoices on an indemnity basis.

Confidentiality

Projects and associated media are generally kept on file for 30 days following project completion.

OLIVER CHAFFE accepts no liability for projects or media past the completion date (deliverables handover).

THE CUSTOMER has the option to purchase a media drive and is encouraged to keep raw media for future use.  

Project Management

A standard number of project management hours have been included as part of the estimate. In the event that the scope of work is reduced for any reason the defined number of project management hours will be billed at a rate of $100 per hour in addition to fees relating to any work completed or undertaken, in part or whole.

Definitions

CUSTOMER means any person or entity requesting the services of OLIVER CHAFFE.
For the purpose of this agreement OLIVER CHAFFE means the individual as a business entity.