Terms & Conditions
Terms & Conditions
Definition: Terms & Conditions for any client working with Byron Keane Creative, including any team member or sub-contractor on Byron Keane Creative’s team.
TERMS & CONDITIONS
Project deliverables are accessible by the client only after receipt of project payment in full.
A 50% deposit is due prior to project commencemnt, including to initiate any pre-production or production.
1. RIGHTS
1. The client(s) allows Byron Keane Creative to display any media, video, sound or image covered by this contract for promotional and demonstration purposes, including advertising, websites, social media, printed media, etc.
2. OWNERSHIP
1. All original media recordings including photographs and edited computer files will remain the property of Byron Keane Creative. Byron Keane Creative will not be solely responsible for the storage and maintenance of the original and edited media, including video and sound recordings, photographic, and digital files.
2. Original raw footage (non-edited material) is the sole ownership of Byron Keane Creative and is not intended for client viewing and is not part of the supplied finished package. Original material might be offered to the customer if Byron Keane Creative is unable to produce the edited content.
3. LICENSE
1. The property and any copyright or other intellectual property right in all material produced by Byron Keane Creative in performance of the goods/services belong to Byron Keane Creative, but the client shall be entitled to use the material supplied under this contract commercially, subject to payment in full of all sums payable under this contract.
2. The use of non-copyright-free music within the client’s video shall only be used for private viewings. The Phonographic Performance License used in the supplied videos are not permissible for public performances.
4. COVERAGE & REPRODUCTIONS
1. Content created during the course of the production will be at the discretion of the videographer, although every effort will be made to comply with the client’s requirements.
2. For a booking involving certain venues, Byron Keane Creative’s movements are sometimes restricted by the official in charge. The area from which Byron Keane Creative is able to cover the brief may not be Byron Keane Creative’s choice and we cannot accept responsibility for any obstructed view should this be the case.
3. It is the sole responsibility of the client to secure permission of the venue to set up production equipment and record with or without film lights or flash.
4. Although Byron Keane Creative will endeavour to fulfil the requirements of the agreed package, sometimes this may not be possible due to reasons explained within these Terms and Conditions.
5. ON THE PRODUCTION DAY
1. Byron Keane Creative is the only authorised and official content creator on the production.
2. Byron Keane Creative will abide by all rules of the facility and/or directions of the staff/facility coordinator with regard to production set-up and will not be held responsible for absence of certain content due to such rules and/or directions, or due to interference outside Byron Keane Creative’s control.
3. The client acknowledges that Byron Keane Creative requires reasonable lighting and controllable audio environments, and that production may be compromised if either of these cannot be achieved.
6. EDITING & POST PRODUCTION
1. Whilst every effort will be made by Byron Keane Creative to supply the client with a satisfactory product based upon the Byron Keane Creative’s advertised style, and to the specified requirements agreed beforehand, all content editing and post-production will be carried out to Byron Keane Creative’s discretion.
7. FORCE MAJEURE (BEYOND Byron Keane Creative’s CONTROL)
1. In the event of Byron Keane Creative being unable to attend the filming date due to illness, injury, etc. he/she will endeavour to provide or recommend the client with a suitable replacement content creator.
2. Byron Keane Creative shall not be liable in the event of bad weather or unforeseen circumstances, including illness, from preventing him/her from completing the work.
3. In the event of equipment failure beyond Byron Keane Creative’s control, including theft of equipment or material, Byron Keane Creative is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total project failure, liability shall be limited to a refund of monies paid other than the deposits.
4. Byron Keane Creative reserves the right to cease creating media, filming, photographing or editing if situations arise that are unfit to continue, eg. grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working condition.
8. CANCELLATION
1. Deposits are non-refundable unless cancellation is done by Byron Keane Creative. If cancellation is done by the client, any money paid other than deposits shall be returned. However, if the client cancels within one month prior to the production, Byron Keane Creative is entitled to invoice the client for loss of earnings unless a suitable solution is agreed.
9. LIABILITY & REFUND
1. The client’s payments covers/pays for labour and presentation media in the production of the agreed content. Every effort is taken by our team at Byron Keane Creative to provide the client with the agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which Byron Keane Creative is not liable.