Legal
Standard terms and conditions for all video production and related services provided by Zarco Creative.
These Terms & Conditions apply to all video production and related services provided by Zarco Creative, trading under Zarco Productions Pty Ltd (we, us, our). The User must read this document carefully. Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
In this Agreement, unless the context requires otherwise:
2.1 These Terms apply to all Services provided by Zarco Creative trading as Zarco Productions Pty Ltd.
2.2 Acceptance of a Proposal (including by email, issuing a purchase order, or payment of a deposit) forms a binding Agreement.
2.3 If there is any inconsistency, the Proposal prevails only to the extent it expressly overrides these Terms.
3.1 We will provide the Services with due care and skill, in a professional manner and in accordance with applicable Australian laws.
3.2 Delivery dates are estimates and are dependent on timely Client input, approvals and access.
4.1 The scope, deliverables, inclusions, assumptions and usage rights are set out in the Proposal.
4.2 Any change to scope, deliverables, messaging, locations, filming dates, formats, approvals or usage constitutes a Variation.
4.3 Variations must be agreed in writing and may affect fees, timelines and delivery.
5.1 The Client must:
5.2 Zarco Creative is not responsible for delays or deficiencies caused by late, incomplete or inaccurate Client Materials or approvals.
6.1 Draft Deliverables must be reviewed within 48 to 72 hours, unless otherwise agreed in writing.
6.2 If feedback or approvals are delayed by more than 7 days, the Project may be placed On Hold.
6.3 If a Project remains On Hold for more than 14 days, we may reschedule the Project subject to availability and apply a restart or rebooking fee.
7.1 Fees are set out in the Proposal and are exclusive of GST unless stated otherwise.
7.2 Reasonable, pre-approved expenses may be charged at cost.
7.3 Payment terms are 7 days from invoice date.
Deposits and stage payments (unless otherwise stated):
7.4 We are not required to commence filming or release Final Deliverables until the applicable payment has been received.
8.1 We reserve the right to suspend work or withhold Deliverables if invoices are overdue.
8.2 Interest may accrue on overdue amounts at the RBA Cash Rate Target plus 2% per annum.
8.3 Suspension does not relieve the Client of payment obligations.
9.1 A standard Filming Day is up to 8 hours, unless otherwise stated in the Proposal.
9.2 Overtime or additional shoot time caused by Client delays or requests may be charged.
9.3 Reshoots required due to Client-side changes, availability issues or missed approvals constitute a Variation.
10.1 The Project includes two (2) rounds of revisions to the edited Deliverables.
10.2 Revisions are included provided that feedback is consolidated by the Client Representative, provided within agreed timeframes, and does not exceed 20% of the allocated post-production time.
10.3 Additional revisions or changes beyond this allowance constitute a Variation and will be quoted separately.
11.1 Deliverables will be supplied in the formats specified in the Proposal.
11.2 Any technical issues must be reported within 7 days of delivery.
11.3 Creative preference alone does not constitute non-delivery where the agreed scope has been met.
12.1 Upon full payment, the Client owns the Intellectual Property in the Final Deliverables, excluding third-party licensed materials and Zarco Creative’s pre-existing tools, templates and workflows.
12.2 Use of licensed music, stock footage or other third-party assets is subject to their respective licence terms.
12.3 Raw footage, rushes and project files are not included unless expressly agreed and may be purchased for an additional fee.
12.4 If usage requirements change after approval, additional fees may apply.
13.1 Each party must keep Confidential Information confidential and only use it for the purposes of the Project.
13.2 We will take reasonable steps to protect Client Materials and personal information.
13.3 Confidentiality obligations survive termination.
14.1 Zarco Creative may engage suitably qualified subcontractors and remains responsible for the Services.
15.1 Unless otherwise agreed in writing, the Client grants Zarco Creative the right to use the Final Deliverables, or reasonable excerpts, stills or behind-the-scenes material from the Project for our own marketing and self-promotional purposes, including our website, showreels, social media, case studies, award submissions and presentations.
15.2 If the Project involves confidential, internal or restricted content, the Client must notify us in writing prior to commencement, in which case we will not use the material publicly without written approval.
15.3 Any use will not imply Client endorsement unless expressly agreed in writing.
16.1 If the Client cancels or postpones a scheduled shoot, unrecoverable costs remain payable.
16.2 Cancellation fees apply as follows:
16.3 Postponements may incur a rebooking fee.
17.1 Either party may terminate for material breach not remedied within 10 business days of written notice.
17.2 Fees and costs incurred up to termination remain payable.
18.1 Each party warrants it has authority to enter this Agreement.
18.2 The Client warrants that Client Materials do not infringe any third-party rights.
19.1 Nothing in this Agreement excludes rights under the Australian Consumer Law.
19.2 Our liability is limited to re-supplying the Services or refunding fees paid for the affected Services.
19.3 Zarco Creative is not liable for indirect or consequential loss.
19.4 Total liability is capped at the fees paid for the relevant Project.
20.1 Neither party is liable for delays caused by events beyond reasonable control.
20.2 Work completed up to that point remains payable.
21.1 During the Project and for 12 months after completion, the Client must not directly solicit or hire Zarco Creative crew or contractors without written consent.
This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
23.1 This Agreement constitutes the entire agreement between the parties.
23.2 Amendments must be in writing.
23.3 If any provision is unenforceable, the remainder remains in effect.
24.1 Acceptance of these Terms & Conditions occurs when the Client signs an agreement, accepts a Proposal, issues a Purchase Order, provides written confirmation to proceed, or makes payment of any invoice or deposit. Upon acceptance, these Terms & Conditions become binding.
24.2 These Terms & Conditions apply to the Project and will continue to apply to all future services, proposals and Purchase Orders provided by the Client to Zarco Creative trading as Zarco Productions Pty Ltd, unless expressly agreed otherwise in writing.
24.3 Where more than one Client enters into this Agreement, each Client is jointly and severally liable for all fees and obligations under this Agreement.
24.4 No employee, agent or representative of Zarco Creative is authorised to make any representations, statements, conditions or agreements other than those expressly set out in this Agreement or confirmed in writing by an authorised representative of Zarco Creative. Zarco Creative is not bound by any unauthorised statements or representations.
24.5 By accepting this Agreement, the Client warrants that it has full authority to enter into this Agreement on its own behalf and, where applicable, on behalf of the organisation it represents.
Questions about these terms? Email hello@zarcocreative.com.au.
