Lightbridge Productions Pty Ltd
Terms of Service
1. DEFINITIONS
- Lightbridge Productions means Lightbridge Productions Pty ABN 566 490 015 61.
- Client means any person or entity requesting Lightbridge Productions to provide Services.
- Agreed Fee means the fees estimated by Lightbridge Productions in any quotation once accepted by the Client.
- 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 Client to Lightbridge Productions for the purposes of Lightbridge Productions supplying the Services.
- Media means master footage recorded by Lightbridge Productions as part of provision of the Services.
- Services means video production, concept development, production and/or post production services.
- Project means video production in its entirety.
- Production means “The Agritech Revolution” Documentary Series
2. APPLICATION
These terms & conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions, quotes and dealings entered into by Lightbridge Productions with any Client in relation to the provision of Services by Lightbridge Productions. All work carried out by Lightbridge Productions is on the basis that the Client has agreed to these Terms and Conditions.
By instructing Lightbridge Productions to proceed with the provision of the services in the Proposal / Quote, whether in writing or orally, (whichever is earlier) the client named in the Proposal / Quote agrees to enter into and be bound by the terms of this Agreement. For the avoidance of doubt, this Agreement does not have to be signed to be effective.
3. OWNERSHIP / COPYRIGHT
Except as otherwise provided herein, Lightbridge Productions owns all rights, title and interest in and to the media(s} which are the subject of this Agreement, including all copyrights therein as well as in and to all the exposed negatives, positives, out-takes and clips.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Lightbridge Productions will remain the property of the author or legal entity owning the copyright.
4. TERMS OF USE
Lightbridge Productions 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 including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.
5. CLIENT LICENSE
Lightbridge Productions grants the Client a two-year non-exclusive, non-transferable license to all media(s) clips produced during the course of the contracted work from the date of media delivery. The Client may have Media transferred to their own supplied hard disk, or uploaded as required.
6. SECURITY / CONFIDENTIALITY
Lightbridge Productions understands that some information for said media(s} may be of a confidential and/or sensitive nature. Lightbridge Productions agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the Production or the Specified Media(s} except as such disclosure may be necessary for Lightbridge Productions to produce media(s} in the usual and customary manner under this Agreement.
7. PRIVACY
All information received by Lightbridge Productions 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.
8. VENUE LOCATION FEES & PERMISSIONS
The Client must obtain any necessary consent or permission and pay any fees which may apply for Lightbridge Productions to film at a particular venue, location or event.
9. PERMISSIONS
The Client warrants that all participants in each non-public production freely give their consent to having their image/likeness/voice etc. recorded and consent to good-faith usage. The client assumes responsibility for obtaining appropriate permissions and releases from the participants and agrees to notify them regarding any use of their image/likeness/voices. Lightbridge Productions cannot be held liable for any prosecution from any person that appears with-out permission. If re-editing or shooting is required to remove such persons, it shall be at the Clients expense.
10. CLIENT MATERIALS
The Client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Client’s video. The Client indemnifies Lightbridge Productions from any possible liability for the use of any Cli-ent supplied media in the Clients video.
11. QUOTATIONS
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly or daily rate. Two rounds of Client tweaks and/or revisions are included in each quotation.
If the Client instructs Lightbridge Productions that significant changes and/or revisions to the scope of the Services described in a quotation are required then Lightbridge Productions shall be entitled to charge additional Fees based on their standard post production/editing/or video length rate.
12. PAYMENT POLICY
1st Instalment: The client agrees to pay all agreed fees associated with administration fees, concept development fees and preproduction fees within 10 days of booking the production Services involved in the production of the clients content.
2nd Instalment: Lightbridge Productions will quote the costs of production services, including travel, crew and equipment expenses needed for the video shoot upon completion of the concept development process. Full payment of the Agreed Fees is payable within 10 days of acceptance of the quote. No work or concepts will be started or delivered until the payment has cleared.
3rd Instalment: The client agrees to pay all agreed fees associated with post production services, including, but not limited to, editor, editing suit, voice over artists, colour grading, sound edits, graphics / animations, exporting and client delivery, within 10 days of the post production quote. No work or concepts will be started or delivered until the payment has cleared.
13. LATE PAYMENT FEES AND LEGAL COSTS
All prices quoted are final unless otherwise stated, strictly payable as per the terms on the booking form and front of the in-voice. In the event of payment not being received by us in full by the due date for payment, our late payment policy applies. The charging of late payment penalties does not imply the granting of any extension of the credit terms above. The Client will be liable for any legal costs incurred by Lightbridge Productions in the recovery of unpaid invoices on an indemnity basis.
14. LATE PAYMENT POLICY
Any amounts not paid when due shall bear interest from the due date at the rate of 2% per month or the highest rate of interest permitted by law, whichever is lower. The Client acknowledges that any delay in payment may result in termination or interruption of the provision of Services at our sole discretion.
15. EDITORIAL / PRODUCTION CONTROL
The Client grants Lightbridge Productions full editorial control for the production. The client acknowledges and accepts that editing a production may include elements of interpretation and artistic expression. As the sole producer, Lightbridge Productions has artistic control over which segments of a production are recorded, or not recorded or partially recorded and whether they appear in full, in part or not at all. This artistic expression extends also to the design of any promotional materials such as trailers, teasers and preview.
16. VARIATIONS, APPROVALS AND PROOFING
Once the client has approved the Brief/Script/Storyboard, and fees have been paid, Lightbridge Productions will commence production. After editing Lightbridge Productions will provide the Client with a draft edit of the video/s for approval. The Client must then notify Lightbridge Productions within seven (7) days, that the video/s or part thereof is approved or list all proposed tweaks in once instance.
Once the tweaks have been made, Lightbridge Productions will provide the Client 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 Lightbridge Productions will tweak until the Client is satisfied.
The Client must notify Lightbridge Productions of any errors in the draft copy within seven (7) days. Once the seventh (7) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed without notice from the client, Lightbridge Productions may refuse to make any further tweaks and will issue the final Invoice due within 7 days.
Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable postproduction hourly rate and added to the final invoice. Please be aware each round of amendments (even for a short sequence) takes a considerable amount of time to check, render & upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required.
The Client acknowledges that some tweaks or changes may not be possible.
17. SUB-CONTRACTING
Lightbridge Productions reserves the right to sub-contract any Services that Lightbridge Productions has agreed to perform for the Client as it sees fit.
18. FAILURE OF EQUIPMENT OR ILLNESS
Whilst all reasonable care and preparation is taken for videography and editing, Lightbridge Productions shall 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 employed or engaged by Lightbridge Productions or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
19. RIGHT OF REFUSAL OR TERMINATION
Lightbridge Productions reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Lightbridge Productions 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 Lightbridge Productions terminates the provision of Services, then any Deposit paid by the Client is non-refundable. Lightbridge Productions may seek compensation from the Client for any loss or damage suffered.
20. PROJECT DELAYS AND LIABILITY
Any estimate of the date by which Lightbridge Productions will complete any part of the Services is contingent upon the Client providing complete instructions to Lightbridge Productions and fully cooperating with Lightbridge Productions until Lightbridge Productions has ceased providing Services to the Client.
The Client must appoint a person who has complete authority to provide instructions to Lightbridge Productions and respond to requests for feedback until Lightbridge Productions has ceased providing Services to the Client. The person appointed must be available to respond to communications from Lightbridge Productions on every day which is a business day in New South Wales.
Lightbridge Productions cannot be held liable for project delays which are caused by lack of communication on behalf of the Client, or an Act of God or equipment failure, or any other reason not directly the fault of Lightbridge Productions.
21. CONTINGENCY AND WEATHER DAYS
21.A A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of Lightbridge Productions.
21.B These circumstances may include but should not be limited to:
- Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by Lightbridge Productions).
- Injury, illness, or absence of client-supplied elements (e.g. key talent, colour correct products).
- “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labour unrests, civil authority, terrorism, and acts of God).
- “Client Insured Re-Shoots” (any additional days for a job insured by the Client, who is therefore, authorizing the expenditure).The Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day.
21.C Lightbridge Productions recognises its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices.
21.D Lightbridge Productions will quote the maximum exposure figure (a “not to exceed” figure) as a contingency day cost. This will be a cost per day figure. However, this figure does not include the cost of premiums for crew or suppliers (i.e., should the contingency day fall on weekends, holidays or premium days based on consecutive employment).
22. 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 Client 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, Lightbridge Productions will not be liable for:
21.A Any claim by the Client 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 Client, by statute, the common law, equity, trade, custom, usage or otherwise; and
21.B Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly con-firmed by Lightbridge Productions in writing, and
21.C the liability of Lightbridge Productions for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of Lightbridge Productions for a breach of a Non-excludable Right can be limited, Lightbridge Productions liability is limited, at Lightbridge Productions option, to one of the following:
21.D The supply of the service again; or
21.E Payment for the cost of having the services supplied again.
Notwithstanding any other provision, Lightbridge Productions 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 Client for:
22.F Any increased costs or expenses;
22.G Any loss of profit, revenue, business, contracts or anticipated savings;
22.H Any loss or expense resulting from a claim by a third party;
22.I or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
23. CLIENT RESPONSIBILITIES
The Client must do all things reasonably necessary, and supply Lightbridge Productions in a timely fashion with all materials reasonably required by Lightbridge Productions, in order for Lightbridge Productions to perform the services. This may include without limitation supplying copy, photographs and other visual or audio-visual material, and if required, performing sub-editing and copywriting.
Without limiting Lightbridge Productions rights under this agreement, if Lightbridge Productions is unable to complete any services because of your actions or omissions, or if the Client instructs Lightbridge Productions to cease or postpone any work, Lightbridge Productions may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.
Lightbridge Productions accepts no responsibility for errors that the Client does not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which the Client or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by the Cleint after sign-off.
24. CANCELLATION
If the Client has engaged and confirmed Lightbridge Productions to provide Services on a specified date, the Client may notify Lightbridge Productions in writing (during normal business hours) that the Client does not require the Services to be provided on that date (“the cancellation”). If notification of the cancellation is provided to Lightbridge Productions, Hilltop House, 11 Tooheys Mill Road, Nashua, NSW 2479 outside of normal business hours, it is deemed to have been provided at the commencement of the following business day. A booking is ‘tentative’ until it is ‘confirmed’ in writing by Lightbridge Productions or the Client. If required, Lightbridge Productions will seek confirmation in writing for a booking to be ‘confirmed’ after which the date will be released if no confirmation is received within 24 hours from the Client.
23.A If the cancellation is made more than 20 days prior to the day on which Lightbridge Productions has been engaged to pro-vide the Services, the Client must reimburse Lightbridge Productions for any expenses incurred by Lightbridge Productions in preparation for provision of the Services.
23.B If the cancellation is made between 20 days and 9 days prior to the day on which Lightbridge Productions has been engaged to provide the Services, the Client must pay 50% of the Agreed Fee.
23.C If the cancellation is made between 8 days and 48 hours prior to the day on which Lightbridge Productions has been en-gaged to provide the Services, the Client must pay 75% of the Agreed Fee.
23.D If the cancellation is made within 48 hours of the time at which Lightbridge Productions has been engaged to provide the Services, the Client must pay the Agreed Fee in full.
23.E If the cancellation is made while Lightbridge Productions is providing Services to the Client, the Client must pay the Agreed Fee in full. Any amount payable must be paid by the Client within 14 days of the cancellation.
25. POSTAGE & HANDLING
All postage & handling is charged on final invoice. Lightbridge Productions takes no responsibility for items lost in the mail. It is the responsibility of the Client to request additional postage services, such as insurance and/or registered post.
26. WARRENTIES
Each party represents and warrants to the other party that:
(a) It has the full corporate right, power and authority to enter into this Agreement, to grant the licenses granted hereunder and to perform the acts required of it hereunder;
(b) The execution of this Agreement by it and the performance of its obligations and duties hereunder, do not and will not violate any agreement to which it is a party or by which it is otherwise bound or applicable laws; and
(c) When accepted, this Agreement will constitute a legal, valid and binding obligation of each party, enforceable against each party in accordance with its terms.
27. GENERAL
The Client acknowledges that these terms and conditions constitutes the complete terms of agreement.
This contract shall be governed by the laws of New South Wales (NSW), Australia.
The Client hereby agrees and submits the company that he/she here represents to the exclusive jurisdiction of the Courts of NSW for any and all claims arising out of this contract and deems this contract executed in NSW.
The Client hereby states that if required then it will accept service of process by certified mail addressed to the Client at his/her place of business or by any manner permitted by NSW law.