Terms of Service

These Terms of Service (the "Agreement") govern the provision of videography and related services (the "Services") by Zac Freidin, trading as EyeView Media (the "Company"), to you, the individual or entity engaging our services (the "Client"). By engaging the Company's services, the Client agrees to be bound by these Terms.

1. Definitions

• "Client": The individual, company, or entity engaging EyeView Media for the Services.
• "Company": Zac Freidin (ABN 25 637 185 109), trading as EyeView Media, and its representatives.
• "Project": The specific services and deliverables outlined in the quotation, proposal, or statement of work provided to the Client.
• "Videos": All visual and audio materials created by the Company for the Project, including raw footage, edited videos, and other digital files.
• "Client Materials": Any materials, such as logos, images, or information, provided by the Client for use in the Project.

2. The Agreement

This Agreement, together with the project-specific Contract (which may include a quotation, statement of work, and invoice), constitutes the entire agreement between the Company and the Client. This Agreement supersedes all prior communications. Any changes to this Agreement must be made in writing and signed by both parties. In the event of a conflict between this Agreement and the Contract, the terms of the Contract will prevail.

3. Modification of Videos

The Client shall not alter, edit, or otherwise modify the final delivered Videos without the prior written consent of the Company. Unauthorized modifications are a breach of this Agreement and may result in legal action. Any such modifications will also void any warranties or support provided by the Company.

4. Client-Provided Materials

The Client warrants that they have all necessary rights and permissions for any Client Materials provided to the Company. The Client agrees to indemnify the Company against any claims arising from the use of Client Materials. The Client is responsible for insuring their own materials against loss or damage.

5. Indemnification

To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, contractors, successors, and assigns from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• The Client's use of the Videos.
• The Company's use of the Client Materials as provided by the Client.
• Any breach of the Client's representations, warranties, or obligations under this Agreement.
• Any unauthorized modification of the Videos by the Client.

The Company shall not be held liable for any legal action, claims, or damages resulting from the publication or use of the Videos by the Client.

6. Payment Terms

• Deposit: A deposit may be required at the Company's discretion, depending on project scope, value, and client history. For new clients or high-value projects, a deposit of twenty-five to fifty percent (25-50%) of the total project fee may be required to secure the booking and commence any work. The deposit is non-refundable if the Client cancels within twenty-four (24) hours of the scheduled commencement.
• Final Payment: The remaining balance is due within fourteen (14) days of the final delivery of the Videos.
• Late Payments: Late payments will incur a penalty of 2% per month on the outstanding balance.
• Debt Collection: The Client is responsible for all costs of collection, including legal fees. In the event the Company is required to engage a debt collection agency to recover any outstanding amounts, the Client agrees to be liable for all associated costs, including the agency's commission and fees. These costs will be added to the total outstanding debt payable by the Client.
• Suspension of Services: The Company reserves the right to suspend or withhold delivery of any further services or deliverables for accounts that remain unpaid for more than 28 days from the invoice date.
• Currency: All payments shall be made in Australian dollars unless specified and agreed upon by both parties.

7. Company Responsibilities

The Company will provide the Services with professional skill and care, as detailed in the Contract. This includes all agreed-upon pre-production, production, and post-production services.

8. Client Responsibilities

The Client shall:

• Provide clear and timely feedback on drafts and edits within the timeframe specified in the Contract or these Terms (typically 48 hours unless otherwise stated). Delays in feedback may result in delays in project completion.
• Make all payments in accordance with the payment terms outlined in Section 6 and the Contract.
• Ensure that all necessary permissions, licenses, and access to filming locations are obtained prior to the scheduled shoot dates. The Client is responsible for any fees associated with location permits or access unless otherwise agreed in writing.
• Ensure the filming location is safe, clean, and prepared for filming as per any pre-production discussions and requirements. The Company is not responsible for cleaning or preparing the location.
• Provide the Company with all necessary Client Materials in a timely manner and in the agreed-upon format.
• Provide any necessary access codes (e.g., for key safes or alarms) via email at least 12 hours prior to the scheduled shoot. The Company will not be liable for any security call-out charges resulting from incorrect or missing access codes provided by the Client.
• Review and verify all delivered Videos for accuracy and appropriateness prior to any public, commercial, or marketing use.
• Designate a primary contact person for the Project with the authority to provide feedback and approvals.

9. Ownership & Usage Rights

• Client License: Subject to full and timely payment of all fees outlined in the Contract, the Client shall be granted a non-exclusive license to use the final delivered Videos for the specific purpose(s) outlined in the Contract (e.g., internal marketing, website use, social media). Any usage beyond the agreed-upon scope may require a separate license and additional fees.
• Company Ownership: Until full payment is received by the Company, all rights, title, and interest in and to the Videos, including copyright, shall remain the sole and exclusive property of the Company.
• Re-licensing: If any third-party businesses or affiliates associated with the Client wish to reuse the Company's marketing materials (including excerpts from the Videos), the Company reserves the right to charge a separate re-licensing fee, to be agreed upon in writing.
• Raw Footage & Project Files: The Company retains full ownership of all raw footage, project files (including but not limited to editing project files, sound design elements, and graphics templates), and any intellectual property created prior to or during the Project. Should the Client wish to obtain copies of the raw footage or project files, this can be arranged for an additional fee to be determined by the Company. The Company is under no obligation to provide raw footage or project files.
• Promotional Use: The Client grants the Company a perpetual, irrevocable, royalty-free, worldwide license to use and publish the final delivered Videos, as well as excerpts thereof, for the Company's promotional and marketing purposes, including but not limited to its website, social media channels, and portfolio. The Company will endeavour to provide credit to the Client where appropriate but is not obligated to do so.

10. Data Storage & Backup

• The Company will use reasonable efforts to securely backup the raw footage and project files for a period of three (3) months following the final delivery of the Videos to the Client.
• After this three-month period, the Company reserves the right to delete or archive the raw footage and project files without further notice. The Company shall not be liable for any loss or damage to the raw footage or project files after this period.
• If the Client requires long-term storage of the raw footage and project files beyond the initial three-month period, the Client may purchase a suitable external hard drive, which the Company can use for storage, or arrange for other storage solutions at the Client's expense.

11. Revision Policy

• Scope of Revisions: Unless otherwise specified in the Contract, the Client is entitled to a maximum of two (2) rounds of revisions to the initial edit of the Videos. A "revision" is defined as a minor adjustment or correction to the delivered video. Revisions must be consistent with the original brief, concept, and agreements outlined in the Contract.
• Revision Rounds:
  • Revision Round 1: General feedback on all aspects of the initial edit.
  • Revision Round 2: Limited to addressing the changes requested in the first revision round. This round is for minor refinements only.
• Changes in Scope: Any new creative requests, changes to the original brief, or revisions requested after the second revision round will be considered a "Change in Scope." This includes, but is not limited to, requests for new graphics, reshooting footage, or significant structural changes to the narrative. Changes in Scope are subject to additional charges at the Company's standard hourly or project rate. A new quote will be provided and must be approved in writing before work on such changes commences.
• Music Changes: The initial music selection will be based on the creative brief. If the Client requests a change of music track after a video has been edited, this will be considered a Change in Scope. The Client will be liable for any new music licensing fees, as well as an additional editing fee charged at the Company's standard hourly rate to re-time the video to the new track.
• Feedback: Feedback for each revision round must be provided in a clear, concise, and consolidated manner.

12. Cancellation & Rescheduling

• Cancellation Expenses: In the event of cancellation of the Project by the Client, the Client shall be responsible for payment of all fees and expenses incurred by the Company up to the date of cancellation, including but not limited to pre-production costs, filming expenses, and post-production work completed.
• Late Cancellation: If the Client cancels the Project within twenty-four (24) hours of the scheduled commencement, a cancellation fee may be applied at the Company's discretion.
• Rescheduling: If the Client requests to reschedule a confirmed shoot date, a rebooking fee may apply. This fee may be waived if both parties have discussed and mutually agreed upon a new arrangement in writing.
• Site Unavailability or Lack of Readiness: If, upon arrival at the scheduled filming location, the Company determines in its reasonable judgment that the property is not ready for filming as required (e.g., it is unsafe, inaccessible, or not in a suitable state of cleanliness or preparation), the shoot will be rescheduled. A rescheduling fee of up to 50% of the day's filming rate may be charged at the Company's discretion to compensate for the loss of the scheduled time. The Client will be notified immediately, and the shoot will be postponed until the location is made ready and a new date is mutually agreed upon.
• No-Show / Access Failure: The Company will wait up to 15 minutes beyond the scheduled shoot time. If access to the property is not granted and no authorised person is present, the appointment will be deemed a no-show. A no-show fee of 30% of the day's filming rate will be charged to the Client.
• Force Majeure Exception: The aforementioned cancellation and rescheduling fees shall not apply in the event of cancellations or postponements directly caused by Force Majeure events (e.g., severe weather conditions making filming unsafe, natural disasters), provided that reasonable notice is given to the Company. In such cases, the parties will work together in good faith to reschedule the shoot at the earliest possible mutually agreeable date.

13. Credit Attribution

Unless otherwise agreed upon in writing in the Contract, the Company (or the specific videographer, if requested) shall be entitled to a credit line (e.g., "Videography by EyeView Media") alongside all published versions of the final delivered Videos, where reasonably practicable. The placement and prominence of the credit shall be mutually agreed upon.

14. Confidentiality

The Company agrees to maintain the confidentiality of any sensitive business information or trade secrets clearly identified as confidential by the Client and disclosed to the Company for the sole purpose of completing the Project. This obligation of confidentiality shall not apply to information that is publicly known, already in the Company's possession prior to disclosure, or required to be disclosed by law. Similarly, the Client agrees to maintain the confidentiality of any proprietary information or pricing provided by the Company.

15. Governing Law & Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
• Dispute Resolution: The parties agree to first attempt to resolve any dispute arising out of or in connection with this Agreement through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, the matter shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16. Limitation of Liability

To the maximum extent permitted by law, the Company's total liability to the Client for any claim arising out of or relating to this Agreement or the provision of services shall be limited to the total fees paid by the Client to the Company under the Contract. The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, even if the Company has been advised of the possibility of such damages.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, civil unrest, fire, flood, earthquake, strikes, lockouts, epidemics, pandemics, or other natural disasters (collectively, "Force Majeure"). The affected party shall promptly notify the other party of the occurrence of a Force Majeure event and shall use reasonable efforts to mitigate the impact of such event.

18. Entire Agreement

This Agreement, together with the Contract, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

19. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be severed from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been part of this Agreement.

20. Waiver

No waiver by either party of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent or continuing breach of the same or any other provision. No waiver shall be binding unless in writing and signed by the waiving party.