Terms of Service

Terms of Service

1) Quotations:

Quotes are calculated by estimating how long it will take to provide the services under typical circumstances and are based on an hourly rate. Two rounds of changes/revisions to the initial draft are included in each quote. Any subsequent changes will be charged at the hourly post production rate. Change of project scope by the Client may result in costs additional to the agreed fee (the total amount listed on the quotation). Any change of scope and/or impending additional costs will be discussed with the Client.

2) Minimum Callout Time:

Minimum callout is 4 hours per production session unless agreed otherwise. Therefore the minimum possible cost for production is 4 hours x the production rate.

3) Cancellation:

If the Client has engaged Angus Ashton Film (AAF) to provide services on a specified date, the Client may notify AAF in writing (during normal business hours) that the Client no longer requires the services to be provided on that date. If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the beginning of the next business day. If the cancellation is made more than 48 hours prior to the day on which AAF has been engaged to provide the services, the Client need not reimburse AAF for any expenses other than those requested/approved by the Client (and incurred by AAF), in preparation for provision of the services. If the cancellation is made between 48 and 24 hours prior to the day on which AAF has been engaged to provide the services, the Client must pay 10% of the agreed fee to cover AAF's loss of alternative business opportunity. If the cancellation is made within 24 hours of the time at which AAF has been engaged to provide the services, the Client must pay 25% of the agreed fee. If the cancellation is made while AAF is providing services to the customer, the customer must pay a fee for the services delivered by AAF up until that time. Cancellation due to poor weather will not incur any fees unless a production callout is made against the advice of AAF and at the insistance of the Client, and then subsequently cancelled with AAF and Client on site before any production begins. This will incur the minimum callout fee. Production cut short by poor weather will be charged on an hourly basis up until the time of cancellation.

4) Payment:

The Client will pay to AAF the agreed fee in the following manner:

The Client will pay AAF 100% of the agreed fee within 14 days of the date of the final invoice being sent*. This includes non-business days. *If the Client belongs to government, NGO, media agency or educational institution, the payment will be made within 30 days of the final invoice.
At AAF's discretion, International Clients may be required to pay 50% of the agreed fee upfront and the remainder at the completion of the project and upon receiving the final invoice. International Clients are responsible for covering any international transfer fees or exchange rates their bank may impose on transactions. Any such fees or expenses do not make up any part of the agreed fee that AAF shall recieve.
If any AAF invoice or part thereof is not paid within 30 days of the date of the invoice, then the Client agrees that interest will accrue on the outstanding amount at the rate specified pursuant to Section 2 of the Penalty Interest Rates Act 1983 (Victoria, Australia).

5) Venue Location Fees & Permissions & Expenses:

The Client must obtain any required consent or permissions and pay any fees that may apply for AAF to film at a particular venue, location or event e.g entry fee, parking etc. In the case of AAF being called out and production is unable to commence due to lack of prior preperation by the Client – AAF will charge the minimum callout amount.

6) Client Acknowledgements

The Client acknowledges and agrees that no ownership of works produced by AAF will be transferred to the Client until the Client pays all amounts due to AAF in full. The raw footage, video files and audio files including all copyright remain the property of AAF until full payment is made to AAF by the Client. The Client acknowledges and agrees that upon payment of all outstanding invoices due to AAF, the Client is entitled to receive the finished works, but may have limited entitlement to the working files of AAF. AAF may release the working files/original footage at no cost to the Client at AAF's discression depending on the intial terms of engagement. A fee may be incurred if the Client wishes to use/adapt or broadcast the working files in a way other than its original delivered form. For example, If the Client engages AAF to produce a web video, and then subsequently requests the original footage for adaptation into a seperate commercial broadcast or advertisement, an additional fee may occur.

7) Project Delays and Client Liability

Any estimate of the date by which AAF will complete any part of the services is contingent upon the Client providing complete instructions to AAF and fully cooperating with AAF until AAF has completed the provision of services to the Client. The Client must appoint a person who has complete authority to provide instructions to AAF and respond to requests for feedback until AAF has ceased providing services to the Client.

8) Sub-Contracting

Excluding the main fundamental elements of production and post production (ie the bulk of principal filming and editing) AAF reserves the right to sub-contract any services that AAF has agreed to perform for the Client as it sees fit.

9) Failure of Equipment or illness of AAF employees and contractors

AAF will not charge the Client for any period of production time hindered by failure of electronic equipment or illness to AAF and/or its employees/contractors. If such event shall occur, AAF will reschedule the production at the nearest time appropriate for the Client and/or provide a discounted rate relevant to the level of failure.

10) File Storage:

Final edits and raw footage will be stored and hosted online for 12 months after the time of invoicing. Storage of any footage or files past this time are the responsibility of the Client.

11) Privacy

All information received by AAF from the Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.

Angus Ashton Film - 2020