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 South Australian Law and will be taken as intent to proceed with a video project.
 
Clients are required to agree to the following terms and conditions before proceeding with a video project.
Any desired amendments are to be sent in writing before the commencement of a project for consideration.
 
 
 THE PARTIES
(a) Nielen Video Production​                   (b) The Client​
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2. GENERAL TERMS​
(a) Agreed Amount.  The Client will pay the agreed-upon flat fee for the deliverables listed within the proposal..
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(b) Payment Policy. 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.

The remaining balance is payable on completion and before final delivery is made, or if The Client does not respond with changes or supply media for Nielen Video Production to complete the project, within 14 days after any proof has been supplied, a final balance invoice will then be issued and due within 7 days of invoice date
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(c) Reimbursement of Expenses. The Client will reimburse any parking expenses/general expenses. 
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(d) Cancellation. If The Client wishes to cancel at any time after accepting a quote, any deposits paid to Nielen Video Production are not refundable. If no deposit has been paid and work has 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 The Client may be liable. 
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(e) Right of Refusal or Termination. Nielen Video Production reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Nielen Video Production 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 Nielen Video Production terminates the provision of Services then any Deposit paid by The Client is non-refundable.
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(f) Watermarks. Until final payment is received, all versions of deliverables will have visual watermarks. Ensuring no materials are distributed before payment is received in full. Un-watermarked versions of the deliverables will be delivered once payment is received in full.
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(g) Revisions.  The Client is entitled to no more than 2 edit revisions under the terms of this agreement. Each edit revision includes approximately 2 hours worth of revision editing. If additional edit revisions are requested, The Client will be responsible for additional fees on a time-and-materials basis. The cost of additional edit revisions is $350 per edit revision.
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(i) Project Delays and Liability. Any estimate of the date by which Nielen Video Production will complete any part of the Services is contingent upon the Customer providing complete instructions to Nielen Video Production and fully cooperating with Nielen Video Production until Nielen Video Production has ceased providing Services to The Client.
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(j) Delivery Of Final Product. Nielen Video Production​ requires payment in full before the final delivery of the product to The Client unless other arrangements have been entered into. The Client has 30 days to download all deliverables. After 30 days Nielen Video Production has no obligation to make available the deliverables. If The Client requires Nielen Video Production to re-deliver the deliverables, an administration & unarchive fee of $350 will apply.
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4. OWNERSHIP, PERMISSIONS, LICENSING & RIGHTS ​
(a) Permitted Use By The Client. Once Nielen Video Production gives the work product to The Client and is paid in full, The Client will have full, perpetual rights to use the agreed-upon deliverables.
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(b)  Talent/ Background Persons/Staff. 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. 
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(c) Venue Location Fees & Permissions. The Client must obtain any necessary consent or permission and pay any fees that may apply for Nielen Video Production to film at a particular venue, location or event.
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(d) Music Licensing. Nielen Video Production will supply and fully license all music used within deliverables at no additional charge
 
(e) Further Use. The Client gives Nielen Video Production full permission to use the work product as part of the Nielen Video Production's portfolio, websites, promotional use, commercial use and in any other media. 
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(f) Disposal. 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, Nielen Video Production reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works. Extended storage can be negotiated.
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(g) Raw Footage. Nielen Video Production remains the owner of all raw footage. The Client will not be provided with the RAW footage. The Client can purchase all the raw footage and usage rights.
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5. PRIVACY & DISCLOSURE ​
(a) Non-Disclosure Agreement.  Both parties agree not to disclose any confidential or sensitive information discovered during the contract. 
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(b) Privacy. All information received by both Parties, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without consent.
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6. ADDITIONAL CLAUSES 
(a) The Client agrees to indemnify and hold Nielen Video Production harmless against any and all claims, costs, damages and expenses.
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(b) This contract shall be the sole agreement between Nielen Video Production and The Client. No other agreements, verbal or written, shall be considered binding or valid upon signature of the proposal.
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(c) This contract shall be governed by the laws of South Australia. Any legal disputes or proceedings shall take place in South Australia.