Terms of Service

Version 1.2 – Updated April 2025

Nielen Video Production Pty Ltd trading as bizfilm (ABN 17669532558) is an Australian business operating under South Australian law. It will be referred to as bizfilm throughout this document.

By accepting a quote via email, signing a digital proposal, or paying a deposit, the Client acknowledges and agrees to the following Terms of Service. This agreement is legally binding under South Australian law.

Any requested amendments to these terms must be submitted in writing before the commencement of any work.

1. The Parties

(a) bizfilm (Nielen Video Production Pty Ltd)

(b) The Client

2. General Terms

(a) Agreed Amount

The Client agrees to pay the flat fee outlined in the project proposal for the listed deliverables.

(b) Payment Policy

A 50% deposit is required upon acceptance of the quote. No work or concepts will begin until the deposit has cleared.

The remaining balance is due upon project completion and before final delivery. If the Client does not provide feedback or required materials within 14 days of receiving a draft or preview, bizfilm will issue a final invoice, which is due within 7 days.

The Client agrees to reimburse any incidental costs (e.g. parking, permits) incurred during production.

(d) Cancellation

If the Client cancels after accepting a quote, the deposit is non-refundable. If no deposit has been paid and work has commenced, the Client is liable for at least 50% of the total fee. If more than 50% of work has been completed or out-of-pocket expenses exceed that amount, further payment may be required.

(e) Right of Refusal or Termination

bizfilm may terminate services if personnel are placed at risk or equipment is endangered. In such cases, any paid deposit is non-refundable.

(f) Watermarks

Drafts will include visible watermarks and must not be distributed. Final, unwatermarked versions are released only upon full payment.

(g) Revisions

The Client is entitled to 2 rounds of edit revisions, each up to approximately 2 hours of editing. Additional revisions will be charged at $350 per round on a time-and-materials basis.

(h) Project Delays & Liability

Completion estimates are based on the Client providing timely instructions and full cooperation. bizfilm is not liable for delays caused by incomplete communication or late responses.

(i) Delivery of Final Product

Full payment is required before delivery of final files. Clients have 30 days to download deliverables after being notified. After this time, bizfilm is not obligated to retain files. Retrieval after this period will incur a $350 unarchiving and admin fee.

(j) Late Payments & Debt Recovery

If payment is not received within 30 days of the invoice due date, a late fee of 5% per month (compounded monthly) will apply. If an invoice remains unpaid after 45 days, bizfilm reserves the right to refer the outstanding amount to a debt collection agency, and the Client will be liable for any associated recovery costs.

3. Ownership, Permissions, Licensing & Rights

(a) Usage Rights

Upon final payment, the Client receives full, perpetual rights to use the final deliverables as agreed in the proposal.

(b) Talent & Background Consent

If the project involves identifiable individuals, it is the Client’s responsibility to secure all necessary permissions or releases.

The Client must obtain and pay for any necessary venue/location filming permissions or permits.

(d) Music Licensing

All music included in deliverables will be properly licensed by bizfilm at no additional charge to the Client.

(e) bizfilm Portfolio Use

The Client grants bizfilm permission to use final work in its portfolio, promotional material, website, and social media.

(f) File Retention & Disposal

bizfilm retains files for up to 3 months from the date of project completion. After this time, files may be deleted unless extended storage is pre-arranged.

(g) Ownership of Raw Footage

bizfilm retains all rights and ownership of raw footage. Raw footage is not provided unless purchased separately, including usage rights, at a cost negotiated in writing.

(h) Client-Supplied Content

The Client warrants that any content they supply (logos, scripts, music, or footage) is authorised for use. bizfilm is not liable for copyright or intellectual property breaches resulting from Client-supplied materials.

4. Privacy & Confidentiality

(a) Non-Disclosure

Both parties agree not to disclose confidential information obtained during the project.

(b) Privacy

All sensitive or private data will be treated as confidential and will not be shared with third parties without written consent, unless required by law.

5. On-Site Filming Conduct

The Client agrees to provide a safe, respectful and interruption-free environment during on-site filming. bizfilm reserves the right to pause or cease filming if safety, professional conduct, or agreed access is compromised.

6. Rescheduling

If the Client requests to reschedule filming with less than 48 hours’ notice, a rescheduling fee of $350 may apply to cover any loss of time or incurred costs.

7. Force Majeure

bizfilm is not liable for failure to perform any obligation under this agreement if such failure is due to unforeseen events beyond its reasonable control, including but not limited to natural disasters, equipment failure, power outages, government restrictions, or acts of war or terrorism.

8. Legal & Liability

(a) Indemnity

The Client agrees to indemnify and hold harmless bizfilm, its staff, and contractors from any claims, losses, or damages arising from misuse of the deliverables, failure to obtain permissions, or breach of these terms.

(b) Governing Law

This contract is governed by the laws of South Australia. Any disputes shall be resolved in South Australian courts.

This document constitutes the entire agreement between bizfilm and the Client. No other verbal or written agreements will be binding unless formally amended in writing.

(d) Australian Consumer Law

Nothing in this agreement excludes, restricts or modifies any rights or remedies that may be conferred upon the Client under the Australian Consumer Law.