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 Queensland 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 written prior to the commencement of a project for consideration.
In these terms and conditions, unless the context otherwise requires:
Consumer means any individual who acquires Sky Jellyfish’s services wholly or predominately for personal, domestic or commercial use.
Customer means any person or entity requesting Sky Jellyfish to provide Services.
Agreed Fee means the fees estimated by Sky Jellyfish 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 Sky Jellyfish for the purposes of Sky Jellyfish supplying the Services.
Raw Footage means master footage recorded by Sky Jellyfish as part of provision of the Services.
Services means video production and/or post production services.
Project means video production in its entirety.
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Sky Jellyfish with any Customer in relation to the provision of Services by Sky Jellyfish.
All work carried out by Sky Jellyfish 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 Sky Jellyfish to film at a particular venue, location or event.
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Sky Jellyfish 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 Sky Jellyfish on request.
The Customer acknowledges and agrees that:
Sky Jellyfish 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 Sky Jellyfish will be transferred to the Customer until the Customer pays all amounts due to Sky Jellyfish in full.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Sky Jellyfish, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Sky Jellyfish.
The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Sky Jellyfish 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 Sky Jellyfish, its employees and subcontractors.
The Customer indemnifies and holds Sky Jellyfish harmless from any claims or legal actions related to the content of the Customer’s video.
All Materials are used and stored by Sky Jellyfish solely at the Customer’s risk and Sky Jellyfish is under no obligation to insure any Materials.
Neither Sky Jellyfish 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;
Sky Jellyfish 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 Sky Jellyfish 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 Sky Jellyfish for the purpose of the Video.
Project Delays and Liability
Any estimate of the date by which Sky Jellyfish will complete any part of the Services is contingent upon the Customer providing complete instructions to Sky Jellyfish and fully cooperating with Sky Jellyfish until Sky Jellyfish has ceased providing Services to the Customer.
The Customer must appoint a person who has complete authority to provide instructions to Sky Jellyfish and respond to requests for feedback until Sky Jellyfish has ceased providing Services to the Customer.
The person appointed must be available to respond to communications from Sky Jellyfish on every day which is a business day in Queensland.
Sky Jellyfish 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 Sky Jellyfish.
Sky Jellyfish reserves the right to sub-contract any Services that Sky Jellyfish has agreed to perform for the Customer as it sees fit.
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. Sky Jellyfish 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 customers expense.
Sky Jellyfish 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 in respect of the use of the Materials which are to be included in the Customer’s video. The Customer indemnifies Sky Jellyfish from any possible liability for the use of any customer supplied media in the Customers video.
Recorded Material Ownership
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Sky Jellyfish until full payment is made for the Services.
Where Services remain unpaid or in the event that a final agreed payment is not made, Sky Jellyfish 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 Sky Jellyfish will remain the property of the author or legal entity owning the copyright.
Intellectual Property Raw Footage
Sky Jellyfish does not retain 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 Sky Jellyfish Subscription supplier, the customer must re license the material and/or obtain permission form Sky Jellyfish or pay for another license if they intend to reuse the materials in another production. Sky Jellyfish will not be held liable for breaches in material copyright caused by the customer.
Sky Jellyfish 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 Sky Jellyfish, then a full re-shoot and editing costs will apply.
Special Provisions for Anomalous Footage
Sky Jellyfish 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 Sky Jellyfish.
Sky Jellyfish 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 Sky Jellyfish and the Customer. The copyright of such segments will belong exclusively to Sky Jellyfish.
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, Sky Jellyfish reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
The Customer may have Raw Footage transferred to their own supplied hard disk, or uploaded as required, the Customer must pay Sky Jellyfish an additional fee of $250.00 plus GST from 20GB to 100GB other sizes are by negotiation.
Failure of Equipment or illness of Sky Jellyfish employees and contractors
Whilst all reasonable care and preparation is taken for videography and editing, Sky Jellyfish 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 Sky Jellyfish or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
Right of Refusal or Termination
Sky Jellyfish reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Sky Jellyfish 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 Sky Jellyfish terminates the provision of Services then any Deposit paid by the Customer is non-refundable.
Sky Jellyfish 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, Sky Jellyfish 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 Sky Jellyfish for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of Sky Jellyfish for a breach of a Non-excludable Right can be limited, Sky Jellyfish’s liability is limited, at Sky Jellyfish’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, Sky Jellyfish 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.
If Sky Jellyfish 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 Sky Jellyfish’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.
The Customer will be liable for any legal costs incurred by Sky Jellyfish in the recovery of unpaid invoices on an indemnity basis.
All information received by Sky Jellyfish 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 (YouTube etc)
Sky Jellyfish retains the right, unless instructed otherwise in writing by the Customer, to display Customers videos on the Sky Jellyfish website, YouTube, Vimeo or similar public video broadcast sites. Draft videos will also be published on YouTube or similar sites for the Customers approval but will be published as unlisted and deleted.
Sky Jellyfish 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, Sky Jellyfish will commence production. After editing Sky Jellyfish will provide the customer with a draft edit of the video/s for approval. The Customer must then within notify Sky Jellyfish 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, Sky Jellyfish 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 Sky Jellyfish will tweak until the customer is satisfied.
The Customer must notify Sky Jellyfish 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, Sky Jellyfish 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.
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 are variances from the supplied or agreed script. Changes requested by the Customer may be liable to additional charges from Sky Jellyfish.
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 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 Customer tweaks and/or revisions are included in each quotation.
If the Customer instructs Sky Jellyfish that significant changes and/or revisions to the scope of the Services described in a quotation are required then Sky Jellyfish shall be entitled to charge an additional Fees based on their standard post production/editing/or video length rate
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 Sky Jellyfish 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
Sky Jellyfish requires payment in full before final delivery of product to client, unless other arrangements have been entered into.
Changes to Scripts - Extra time
If Sky Jellyfish has been engaged to write or present the client with a draft script, then this will be at the required word count length to suit the finished video length quote, approved by the client. If however the client makes changes the script which increases the word-count therefore increasing production length and finished final video length, then Sky Jellyfish has the right to charge for extra post production and editing time at a percentage rate equivalent to the cost per 15 seconds of the extra one minute rate ie: 1 x 60 second extra length video = $980 +gst therefore 15 secs extra = $245 +gst
If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Sky Jellyfish 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.