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ThinkFrame Media Pty Ltd Terms and Conditions
Last Updated: 4 September 2022
Proposals, Estimates and Quotes
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Estimates remain valid for 60 days.
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Prices are in Australian dollars and exclusive of GST.
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Further discussion may be required to refine the creative treatment and deliver an estimate that suits your budget.
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We provide estimates only. Prices contained in proposals, estimates and quotes are a result of our understanding of your requirements of communication concept, quality and delivery time-frame. Prices are subject to the complexity of the final script and any changes to the concept or scope, as developed throughout the project.
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ThinkFrame Media will inform you as soon as possible if there is a request from you or an event that is likely to affect the price.
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Proposals, estimates and quotes, unless otherwise stated, does not include travel related expenses or incidentals such as couriers. You will be notified of any additional charges as soon as possible.
Payment Terms
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Work will commence on projects after official acceptance of our quote by an authorised representative from your organisation, which may require a purchase order.
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Invoices are due for payment 30 days after the invoice date.
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For projects with a duration of less than 1 month, you will be invoiced at the end of the project.
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For projects between 1 month and 2 months duration, you will be invoiced 50% in advance, with the balanced invoiced upon completion.
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For projects over 2 months in duration, you will be invoiced as follows:
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40% in advance.
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30% after principal photography, principal design of animation, or first edit.
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Balance on completion, including and extras.
Budget Considerations : Production (Filming)
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To complete your video to time and budget, a certain level of co-operation may be required. In many cases, to keep the budget lean, we may require locations, company liaisons, product, and ‘real’ talent (generally employees) to be supplied by you. If you agree to provide talent or locations in an effort to keep cost to a minimum but become unable to provide the talent or locations, additional cost may be incurred.
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If safety inductions are required for cast and crew at any location intended for your production, we must be notified, and this time will be scheduled into production time. If inductions cause the crew to go into overtime, additional cost may be incurred.
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Production costs may be affected by weather conditions because it is impossible to shoot in some conditions. This is not limited to inclement weather. If the weather on the shoot day is inappropriate for your production’s creative concept or script, the shoot will need to be rescheduled. Other options for that day will be considered (such as shooting indoor scenes); however, if this is not possible a cancellation fee may apply for thee resources booked for that day.
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Cancellation of a shoot within 24 hours of its commencement will incur a 100% cancellation fee. Confirmation of a crew on hold occurs automatically 24 hours prior to the commencement of the shoot, unless otherwise stated by you. Once confirmed, a crew is excluded from taking other work on that day, ensuring that you have a crew for your shoot. Cancellation within 24 hrs of the project means the crew has lost the work for that day and there is little prospect of replacing that job.
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Full shoot days are 8 hours in duration, which includes setup time at your location.
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Half-days of shooting are charged at 75% of the full day crew rate and comprise a duration of 4 hours or less. This applies to all labour required for the shoot.
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Days when crew are travelling but not shooting are referred to as ‘travel days’, and will be charged at 75% of a full day.
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Unexpected and unavoidable overtime for shooting will be charged at Tx1.5 for the first 2 hours and Tx2 for each hour after that. This applies to all labour required for the shoot.
Budget Considerations : Post-Production (Editing)
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We include a certain amount of time in post-production, based on our experience and assessment of your project.
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If hours spent in post-production exceed the estimated time due to creative indecision, change of scope or additional rounds of review are required, there may be additional charges.
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The above does not include errors made by the editor/designer, such as spelling errors or neglecting to make changes requested that are technically and commercial possible.
Your Company Messages, Image and Safety
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While we make every effort to learn all about your business and its products, we recommend that you provide a liaison that accompany us during the shoot to ensure the company in the video is portrayed in the manner you require, and that the content remains on-message.
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You will be responsible to ensure all branding in each shot is correct and current, including logos, uniforms, documents and digital material that may be seen on computer screens. Digital alteration to hide incorrect or obsolete branding may incur additional cost.
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You will be responsible for safety practices of your company’s employees or contractors being filmed. Actual practices of your employees have been know to differ from rules and regulations; therefore, it is important to have a clear understanding of required PPE and other safety equipment and practices on-site. It is a costly exercise to have footage unusable due to incorrect safety portrayal.
Intellectual Property
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Concepts and ideas contained in ThinkFrame Media’s proposals remain our intellectual property.
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Intellectual property rights of the finished video(s) will remain with ThinkFrame Media until fees for the project are fully paid. Publishing of the finished video(s) internally or publicly without full payment infringes on the rights of the creatives that worked on your project, and artists that contributed to content included in the video(s), such as music.
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Intellectual property of content owned by other artists but licenced for use in your video(s) remains with the original artist and you are granted a licence for use in the video(s) for the project only.
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The intellectual property of the raw media used for this project, including project files resides with you.
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You grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, licence to your video content to access, use, store, copy, modify, prepare derivate works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner to promote ThinkFrame Media.
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Footage shot for this project but not specific to you as the client and does not include your trademarks or your identifiable personnel, may be used in other ThinkFrame Media productions for organisations not in competition with you.
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We will indemnify you against any third-party claim arising out of or alleging any infringement of any copyright or other intellectual property right in relation to your use of the video(s), subject to any usage restrictions.
Data Protection and Delivery
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ThinkFrame Media will be responsible for the safety and backup of media generated during film shoots by creatives engaged by us.
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Any media supplied to ThinkFrame Media for the purpose of production or post-production should be backed up prior to delivering physically or transferring via the internet. You will be responsible for safe management of data until receipt by ThinkFrame Media is confirmed.
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ThinkFrame Media will encode your final approved clips to any format specified by you or your technical representative. Unless otherwise stated, you will receive the final video in Mpeg4 format at a bandwidth of 16Mbps.
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ThinkFrame Media will not be held responsible for playback errors or quality resulting from server reliability, the condition of the playback technology or internet bandwidth between the playout server and the final user.
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ThinkFrame Media will not be held responsible for personal injuries, property damage or loss of data, resulting from misuse of its product or service.
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ThinkFrame Media recommends testing the playback performance of the delivered files on any computer to be used at an event.
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All data file related to your project will be provided to you via hard disk drive or online delivery and will remain available until deleted from the share platform 30 days after project completion.
Limitation of Liability
The financial liability of ThinkFrame Media for any loss, if found liable, will be limited to the value of the project.