Terms and Conditions

Agreeing via email to a quote, a digital signature activated from a production proposal or payment of deposit, is deemed acceptance of these Terms and Conditions under New South Wales legislation and will be taken as intent to proceed with a Project.

Clients are required to agree to the following Terms and Conditions before proceeding with a Project or video production.

Any desired amendments are to be submitted in writing prior to the commencement of a Project for consideration.

Definitions

Refer to the end of this Agreement.

About Our Quotes

• Quotes are valid for 6 months unless stated otherwise.
• All Quotes must be accepted in writing (i.e. email).
• All Quotes are in Australian dollars (AUD) and all transactions are conducted in Australian dollars.
• PipeWolf Media Quotes outline the scope of the Project, including details such as filming locations, hours spent filming, what will be captured, duration of edited videos, how the finished product will be delivered and number of revisions. Any adjustments to the scope of work must be negotiated before the Quote is accepted.
• Once a Quote is accepted, changes to the scope of the Project must be submitted in writing and will be quoted separately. PipeWolf Media reserve the right to cease work if the scope of the Project becomes unclear.
• 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 Client revisions are included in each quotation unless stated otherwise.
• The Client can purchase an extra round of revisions at any time. PipeWolf Media charge an additional $150+GST per round of revisions.
• All efforts are put into providing accurate Quotes for Projects. Some Projects, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) weather, venue availability etc.
• In the event additional costs are required, PipeWolf Media will advise the Client as soon as possible. PipeWolf Media take no responsibility for extra costs due to reasons outside of their control. It will be assumed and accepted by the Client that these costs will be charged, in addition to the agreed Quote, as long as these additional costs are fair and reasonable.

Parking and Out-of-Pocked Expenses

• All reasonable disbursements and out-of-pocket expenses (such as parking) incurred by PipeWolf Media in connection with the relevant work are added to the fees payable by PipeWolf Media and must be paid by the Client – i.e. we add these to the final invoice and are NOT included in the quotation.

Payment Terms

Videography (Filming and Editing)

20% deposit required at time of booking, 80% due before Final Deliverables, such as videos, are delivered.

Media Transfers

100% due when picking up tapes/slides/DVDs/CDs and any other media/Materials.

Virtual Tours

20% deposit required at time of booking, 80% on 30-day invoice when Final Deliverables (virtual tour) is delivered.

Subscriptions (Video Production and Podcast Editing)

30-day invoice.

Podcast Editing

20% deposit required at time of booking, 80% due before Final Deliverables (final podcast) is delivered.

Live Streaming, Outdoor Cinema Hire, Filming Raw Footage, Live Events (Personal and Corporate)

20% deposit required at time of booking, 80% due 14 days before the event.

• After accepting the Quote, a 20% non-refundable deposit will be required to complete the booking. Please note in some cases payment will be required in full up-front.
• Without a deposit the booking is not locked in.
• PipeWolf Media will not commence any work (including Pre-Production activities) until the Client has paid the deposit.
• The deposit is required within 7 days of the Quote being accepted. If the quoted Project is to take place in less than 7 days, the deposit must be paid before the commencement of the Project.
• The outstanding payment (80%) is invoiced when the draft video/Deliverables are sent through for review. For live events, live streaming and outdoor cinema hire the outstanding payment is required 14 days prior to the event.
• The final payment must be received in full before the Final Deliverables (final video, audio, or media files) will be sent to the Client.
• Payments can be made via bank transfer, Visa or Mastercard payment. Under certain circumstances PipeWolf Media also accept cash, PayPal and cheque.
• Invoice terms are 30 days unless stated otherwise.
• The Client shall be liable for all collection of legal costs incurred by PipeWolf Media in the recovery of unpaid invoices on an indemnity basis.
• For Projects that require travel (including accommodation, flights or travel related expenses), the travel fee is due at the same time as the 20% non-refundable deposit and is also non-refundable.

Our Cancellation Policy

• If a booking is cancelled the deposit paid is non-refundable.
• If a booking is cancelled any travel fees (including accommodation, flights or travel related expenses) paid are non-refundable.
• If the cancellation is made while PipeWolf Media 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.
• Cancellation or termination does not release the Client from its obligations including but not limited to payment of outstanding fees.

Client Responsibilities

• The Client must do all things reasonably necessary, and supply PipeWolf Media in a timely fashion with all Creative Materials and Materials reasonably required by PipeWolf Media, in order for PipeWolf Media to perform the Services. This may include without limitation supplying copy, photographs and other visual or audiovisual material, and if required, performing sub-editing and copywriting.
• Without limiting PipeWolf Media rights under this agreement, if PipeWolf Media is unable to complete any Services because of the Clients actions or omissions, or if the Client instructs PipeWolf Media to cease or postpone any work, PipeWolf Media may still render invoices for the full Agreed Fee, including for any third-party disbursements incurred or agreed to.
• PipeWolf Media accepts no responsibility for errors that the Client do not detect during the draft and revision phase of the Project, 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 Client after the Final Deliverables have been delivered.

Safety and Site Preparation

• It is the Client’s responsibility to provide a safe site with unimpeded access for PipeWolf Media to perform its obligations in providing the Services.
• The Client must ensure that it has made all preparations to the site that are required by PipeWolf Media in order for the Company to commence production or shooting. This may include moving furniture, clearing boxes, and ensuring doors are unlocked etc.
• If any additional work or re-shooting is required due to the Client’s failure to adequately prepare the site, the Client agrees that the additional work or re-shooting will be considered additional Services and the Client will be liable to pay the applicable additional costs charged by the Company for those additional Services.

Venue Location Fees, Permissions and Waiver Forms

• The Client must obtain any necessary consent or permission and pay any fees which may apply for PipeWolf Media to film at a particular venue, location, or event as required in providing the Services.
• If the Client requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the Client to obtain the necessary permissions, and/or the appropriate talent release forms, are obtained prior to filming. PipeWolf Media 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 will be at the Clients expense.
• The Client must obtain all necessary permissions and authorities in respect of the use of the Creative Materials and Materials which are to be included in the Client’s Final Deliverables. The Client indemnifies and holds PipeWolf Media harmless from any claims or legal actions related to the content of the Client’s video/Final Deliverables. The Client hereby indemnifies and holds harmless PipeWolf Media against all loss, damage, costs, or expenses suffered or incurred by PipeWolf Media.

Stock Footage, Photos and Music

• In the Clients Project, PipeWolf Media may use Third Party Materials, including but not limited to stock footage, photos, and music, for which PipeWolf Media has purchased permission to use. The Client is permitted to display and broadcast this material within the Final Deliverables (such as video/audio) produced by PipeWolf Media, but the Client must not reproduce it. If the Client wishes to access this material for reproduction, they must enter their own agreement with the provider.

Talent and Other Professionals

• The Client may require talent including professional actors, voice-over artists, or off-camera professionals such as hair and make-up artists for the Project. Unless otherwise specified the engagement of these artists will require the Client to agree to the artists’ own terms and conditions prior to commencement of Production.

Failure of Equipment, Unforeseen Events or Illness of PipeWolf Media Employees and Contractors

• PipeWolf Media make every effort to produce quality work and ensure all equipment is of the highest quality and regularly maintained. PipeWolf Media employ several back-up strategies for sound and vision however, they cannot be held responsible for any lighting, sound or interference issues caused by circumstances outside their control. This includes camera/equipment failure, adverse lighting, noise issues and restrictions imposed by venues.
• When recording live events, PipeWolf Media use professional expertise and discretion to ensure that significant parts of the event are recorded. Unfortunately, they cannot guarantee that they will be able to record every aspect of the event as filming takes place ‘live’. PipeWolf Media retain artistic licence.
• PipeWolf Media make every effort to arrive at locations on time but cannot be held responsible for lateness or non-attendance caused by circumstances outside of their control such as traffic delays, severe weather conditions, unforeseen illness/incapacity, accidents, technical camera or equipment failure. In such circumstances, PipeWolf Media will contact the Client as soon as possible to discuss alternative arrangements.
• Whilst all reasonable care and preparation is taken for filming and editing, PipeWolf Media will not be liable for any compensation 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 PipeWolf Media or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

Right of Refusal or Termination

PipeWolf Media reserves the right to terminate the provision of Services, if:

• the videographer, or any person(s) employed or contracted by PipeWolf Media is placed in a position where there is an actual or apparent risk of injury, or the environment becomes unsafe; or
• there is a risk that any of the equipment used may be damaged.

If PipeWolf Media terminates the provision of Services then any deposit paid by the Client is non-refundable.

PipeWolf Media may seek compensation from the Client for any loss or damage suffered.

Production Time

• A day of filming includes up to 2 hours of travel (from Berkeley NSW to the filming location and back) and up to 8-hours on location. Production time commences from the moment PipeWolf Media’s vehicle arrives at the location (e.g. if access to parking at the location takes 30 minutes, that time is considered production time).

During Production time PipeWolf Media requites a 30-min break every 4-hours.

Catering to be provided for PipeWolf Media when they are on location for 4 or more hours. Please confirm dietary requirements prior to production.

The Quote will break down how much of the production time is dedicated to set-up, filming, breaks and pack-up.

If more filming time is required, it can be requested before the Quote is accepted.

Unless stated otherwise in the Quote, overtime starts after 8-hours and is calculated at 150% of the current hourly rate.

Out of Business Hours, Weekends and Public Holidays

• Working hours prior to 7am (where PipeWolf Media is required on location before 7am) and after 7pm (where PipeWolf Media is required on location after 7pm) incur a surcharge which is calculated at 150% of the applicable hourly rate.
• Filming hours on weekends incur a surcharge which is calculated at 150% of the applicable hourly rate.
• Filming hours on public holidays incur a surcharge which is calculated at 200% of the applicable hourly rate.

Shot Footage

• PipeWolf Media will record the video footage for the Project using professional recording equipment. If the footage is technically well shot and the technical aspects of the production are of a professional standard, and the Client rejects the footage then a full re-shoot and editing costs will apply.

Video Editing

• If there is any specific music the Client would like to be included in their video, please let PipeWolf Media know before filming, it is the Client’s responsibility to have obtained appropriate rights for the music use. If no specific music is requested, PipeWolf Media will choose appropriate licensed music.
• All videos will be supplied in .MP4 format, which is suited for online viewing. Videos can be supplied in .MOV, .AVI or .MP4. If a format other than .MP4 is required, this must be requested in writing prior to the Quote being accepted.

Post-Production Revisions

• Once the Client has approved or supplied the brief/script/storyboard, and deposits have been paid, PipeWolf Media will commence Production. After editing PipeWolf Media will provide the Client with a draft edit of the Deliverables for approval. The Client must then notify PipeWolf Media within fourteen (14) days, that the Deliverables or part thereof are approved or provide a list of changes required in one written response.
• A determined number of revision rounds is agreed during the quotation process. If no number is agreed, the default of 2 rounds of revisions applies.
• It is the responsibility of the Client to advise PipeWolf Media, in writing, of changes to be made and revisions of work.
• All feedback must be included in one written response. Revisions to work will start once feedback is received. Additional written responses will be considered as an additional revision and will be invoiced accordingly.
• Once the changes have been made, PipeWolf Media will provide the Client with a ‘final draft’ which is to be used solely for the purpose of verifying that the requested changes have been correctly implemented. If they haven’t been implemented correctly then PipeWolf Media will tweak until the Client is satisfied. Once the Client is happy with the final product they must notify PipeWolf Media in writing before the Final Deliverables will be delivered.
• The Client must notify PipeWolf Media 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, PipeWolf Media may refuse to make any further changes and will issue the final Invoice due within 7 days.
• The Client acknowledges that some tweaks or changes may not be possible.
• Each round of revisions (even for a short sequence or a little tweak) takes a considerable amount of time to check, export and upload for review. It is recommended to avoid drip-feeding changes throughout the process as this will increase the number of revision rounds required.

Completion of Services

• The term ‘completion of service’ means when the full Agreed Fee has been received and the Final Deliverables been sent to the Client via online delivery, in personal delivery or posted. After this any revisions will be treated as a separate Project.

Stagnating Projects

• Any estimate of the date by which PipeWolf Media will complete any part of the Services is contingent upon the Client providing complete instructions to PipeWolf Media and fully cooperating with PipeWolf Media until PipeWolf Media has ceased providing Services to the Client.
• The Client must appoint a person who has complete authority to provide instructions to PipeWolf Media and respond to requests for feedback until PipeWolf Media has ceased providing Services to the Client. The person appointed must be available to respond to communications from PipeWolf Media on every day which is a Business Day in New South Wales, Australia.
• After 1-month of inactivity from the Client, PipeWolf Media will invoice the Agreed Fee in full.
• If the Client is inactive for 3-months, the Project will be considered to be cancelled or terminated. The PipeWolf Media Cancellation terms and conditions will apply. The Agreed Fee will be due in full. Once this is paid the Project will be closed.
• If the Client would like to re-start the Project at a later date, this will be considered to be a new Project and will be Quoted as a brand-new Project, not taking into account any fees already paid.

Artistic Licence

• The Client acknowledges and agrees that editing and the production of finished works may include elements of artistic expression and interpretation. PipeWolf Media reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of Final Deliverables.

Media Release

• PipeWolf Media retains the right, unless instructed otherwise in writing by the Client prior to accepting the Quote, to use the raw footage and final edit(s) for their own marking purposes, including (but not limited to) displaying on the PipeWolf Media website, social media platforms, YouTube, Vimeo or similar public video broadcast sites. Draft videos will also be published on YouTube or similar sites for the Clients approval but will be published as unlisted.

Sub-Contracting

• PipeWolf Media reserves the right to sub-contract any Services that PipeWolf Media has agreed to perform for the Client as it sees fit.

Insurance

• The Client is required to provide their own public liability and any other necessary insurances as required by law.

Ownership

• The Raw Materials (including raw footage) is not provided to the Client unless agreed otherwise in writing prior to accepting the Quote. The Premiere Pro timelines, DaVinci Resolve, After Effects, Photoshop, Final Cut, Audition and any other production files are PipeWolf Medias Intellectual Property and are not supplied.
• The Final Deliverables including all Copyright remain the property of PipeWolf Media until full payment is made for the Services. Where Services remain unpaid or in the event that a final Agreed Fee is not paid, PipeWolf Media 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 of all Third Party Materials included or recorded in the edited video or recorded by equipment used by PipeWolf Media will remain the property of the author or legal entity owning the Copyright. PipeWolf Media will not be held liable for breaches in material Copyright caused by the Client.
• The Client acknowledges and agrees that upon payment of all outstanding invoices due to PipeWolf Media, the Client is entitled to receive the finished works, but has no entitlement to the working files of PipeWolf Media.
• Upon payment in full for the Final Deliverables, PipeWolf Media grants the Client a non-exclusive and non-transferable perpetual licence to use the Intellectual Property for the Client’s own business purposes. However, the Client must not copy or use any of the Intellectual Property for any other purposes, or permit any act to be done, that infringes PipeWolf Media’s (or its licensors’) Intellectual Property rights including music.

Client’s Materials

• The Client must retain a master copy of each and every Materials delivered to the Company for the purposes of this Agreement.
• All Materials are used and stored by the Company solely at the Client’s risk and the Company is under no obligation to insure any Materials.
• Neither the Company nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage of the Materials other than loss caused by their negligence, but any liability for such loss will be limited to make a copy of the Materials from the master copy provided by the Client.

Force Majeure

• If PipeWolf Media cannot carry out an obligation under the 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 PipeWolf Media’s obligations under the Agreement will be suspended for the duration of the event or waived to the extent applicable.

Privacy

• All information received by PipeWolf Media 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.

Confidentiality

• Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by this Agreement. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under this Agreement. However, this obligation will not apply to information which:

(a) was in the public domain when it was provided to a party, or later enters the public domain, through no fault of the party; or (b) the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.

Other Matters Which Affect The Agreement

• The laws of New South Wales apply to the Agreement and the Client must bring any proceedings against PipeWolf Media in a New South Wales Court. If a condition or part of a condition is unenforceable, it must be severed from the Agreement and does not make the rest of the Agreement unenforceable. PipeWolf Media is not bound by any waiver, discharge or release of a condition or any agreement which changes the Agreement unless it is in writing and signed by or for PipeWolf Media.

Disposal

• Raw Materials, video files, audio files and edited video files will be retained for up to three (3) months only and will then be disposed of, deleted or erased. If at the end of three (3) months Services have not been paid for, PipeWolf Media reserves the right to dispose of all Raw Materials, video files, audio files, edited video files, recorded materials and finished works.
• If the Client wish to purchase the Raw Materials prior to them being deleted or erased, an additional fee will apply.

Postage and Handling

• All postage and handling is charged on final invoice. PipeWolf Media takes no responsibility for items lost or damaged in the mail. It is the responsibility of The Client to request additional postage services, such as insurance and/or registered post.

Application

• These terms and conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by PipeWolf Media with any Client in relation to the provision of Services by PipeWolf Media.
• All work carried out by PipeWolf Media is on the basis that the Client has agreed to this Agreement.

Amendment

• PipeWolf Media reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice. The most up to date copy of these Terms and Conditions are always available at: www.pipewolfmedia.com.au/terms

Definitions

In these terms and conditions, unless the context otherwise requires:

Business Day means any day other than a Saturday, Sunday or New South Wales public holiday.

Client means any person or entity requesting the Company to provide Services.

Agreed Fee means the fees estimated by the Company in a Quotation.

Agreement means this Terms and Conditions.

Company means PipeWolf Media Pty Ltd (ABN 54 636 270 409).

Copyright means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under the Copyright Act 1968 (Cth).

Creative Materials mean all creative materials developed or created by the Company, or commissioned by the Company for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, video footage, photography, animation, sounds, typographic treatments, and text.

Deliverables means all audio, visual, paperwork files, reports, records and other work product created or developed by the Company or on the Company’s behalf for the purpose of the Project.

Final Deliverables means the final versions of Deliverables provided by the Company and accepted by the Client.

GST means the goods and services tax under the GST Law.

Intellectual Property means all past, present and future, ascertained or unascertained rights in any intangible property, rights in copyright and patents, trade marks, design rights, circuit layout rights, plant breeders rights, trade secrets, commercial know-how and inventions.

Materials means any goods, chattels, items or things, including but not limited any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Client to the Company for use in the preparation of and/or incorporation in the Deliverables.

Business Hours means 9am to 5pm, Monday to Friday, excluding any public holidays in New South Wales.

Pre-Production means work required in relation to project brief, script, production schedule, location scouting and securing, prop, set and wardrobe identification and preparation and any other inputs required before the scheduled production dates.

Production means the process of shooting the video footage or recording the audio to be included in the Deliverable.

Post-Production means the reasonable work required by the Client including but not limited in editing video footage, editing the soundtrack, adding sound effects and music, adding titles and graphics, colour and exposure correction and adding special effect.

Project means the scope and purpose of the Client’s identified usage of the work product.

Quote means the form of quotation submitted by the Company to a customer via email in which these Terms and Conditions are deemed to be incorporated.

Raw Materials means any raw footage, video files, audio files and other files and materials recorded or created by the Company for the Project.

Services mean all services to be provided to the Client by the Company in the creation of the Deliverable.

Third Party Materials means proprietary third party materials, which are incorporated into the Final Deliverable, including without limitation music, audio, logos, trademarks, photography or illustrations.