Legal
As used in this agreement, Nicholas Frayne and/or “the company” means Nicholas Frayne and “Client”, “you” or “your” means Your Business. These terms and conditions apply to all productions/ work undertaken for you by Nicholas Frayne. These are the standard terms and conditions which apply to all productions, videos & graphic design elements quoted, designed and developed by Nicholas Frayne. For the most part they should not have any effect on the way you use our services.
PROJECT PRICING
Work will be invoiced upon completion, a deposit may be requested upon acceptance of job. Jobs that continue over an extended period of time will be invoiced as they progress, with work carried out invoiced on a monthly basis.
OWNERSHIP & USAGE RIGHTS
Images/footage will remain the property of Nicholas Frayne as first copyright owner. Your Business holds exclusive usage rights of the output. Nicholas Frayne or Your Business may not sell or give away the work unless otherwise agreed. The work may be used for an unlimited amount of time, world wide for any and all media, this includes print, newspaper, magazine, direct mail, electronic, internet, broadcast and advertising.
It is agreed that employees of Nicholas Frayne shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent of the client.
It is agreed that any project’s content, including final project gives the right to use for the purpose of publicity, advertising, sales and promotion of Nicholas Frayne.
FEES FOR SERVICES
Fee estimates remain “estimates” and are subject to change. It is agreed that the fee for service shall be the cost estimates provided, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified under items to be produced in the ‘Brief’ section of this submission, the client agrees to pay appropriate fees for the excess work. Excess work is defined as any work involving additions to the list of items under the ‘Brief’ section or changes to all pieces of finished work after sign off by an authorised representative of the client. Further requests for alterations will incur additional fee payable at $85 per hour. If day rate hours exceed the maximum 8 hours an additional half day fee will incur on top of the day rate.
TRAVEL
If any travel is required for services with your business, it is a requirement to book with travel airline ‘Virgin Australia’ only. Your business will receive post completion of job any transport costs getting to and from job location.