DEFINITIONS

In these terms and conditions, unless the context otherwise requires:

Consumer means any individual who acquires Kenso Productions services wholly or predominantly for personal, domestic or commercial use.

Customer means any person or entity requesting Kenso Productions to provide services.

Kenso Productions means Kenso Productions the registered Partnership of Jonathan Stylianou and Marketa Stylianou  P O Box 23 Marrickville,

ABN: 36 353 545 336

Agreed Fee means the fees estimated by Kenso Productions in any quotation once accepted by the Customer.

Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to Kenso Productions for the purposes of Kenso Productions supplying the Services.

Raw Footage means master footage and/or source material recorded and/or collected by Kenso Productions as part of provision of the Services.

Services means video production, technical direction and/or pre/post production services.

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APPLICATION

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Kenso Productions with any Customer in relation to the provision of Services by Kenso Productions. All work carried out by Kenso Productions is on the basis that the Customer has agreed to these Terms and Conditions.

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QUOTATIONS

Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate including gear and two rounds of Customer changes and/or revisions. If the Customer instructs Kenso Productions that significant changes and/or revisions to the scope of the Services described in a quotation are required then Kenso Productions shall be entitled to charge an additional Fee based on Kenso Productions estimate.

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CANCELLATION

If the Customer has engaged Kenso Productions to provide Services on a specified date, the Customer may notify Kenso Productions in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).

If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.

If the cancellation is made more than 48 hours prior to the day on which Kenso Productions has been engaged to provide the Services, the Customer must reimburse Kenso Productions for any expenses incurred by Kenso Productions in preparation for provision of the Services.

If the cancellation is made between 48 and 24 hours prior to the day on which Kenso Productions has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.

If the cancellation is made within 24 hours of the time at which Kenso Productions has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.

If the cancellation is made while Kenso Productions is providing Services to the Customer, the Customer must pay the Agreed Fee in full.

Any amount payable must be paid by the Customer within 7 days of the cancellation.

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PAYMENT

The Customer will pay to Kenso Productions the Agreed Fee in the following manner:

50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and The balance will be payable within 7 days of the date of any interim or final invoices submitted in respect of the Services; and Kenso Productions will not commence any pre-production activities until the Customer has paid the Deposit.

If a package is selected, 50% Deposit will be payable prior to commencement of the Services. Another invoice will be sent at each stage as seen fit by Kenso Productions.

If any Kenso Productions invoice or part thereof is not paid within 30 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate of 1% per day.

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VARIATIONS (additional quotation applies) 

Kenso Productions will provide the Customer with one (1) ‘draft copy’ of an initial edited video file. The Customer must notify Kenso Productions of all proposed changes within fourteen (14) days of receipt of the draft copy by the Customer.

Once the proposed changes have been made, Kenso Productions will provide the Customer with another set of changes and then after another review, the ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation.

The Customer must notify Kenso Productions of any errors in the final draft copy within fourteen (14) days. Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed, Kenso Productions may refuse to make any further changes.

The Customer acknowledges that some changes may not be possible.

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VENUE LOCATION FEES & PERMISSIONS

The Customer must obtain any necessary consent or permission and pay any fees which may apply for Kenso Productions to film at a particular venue, location or event. This includes parking as needed.

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ARTISTIC LICENCE

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Kenso Productions reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Kenso Productions on request.

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CUSTOMER'S MATERIALS

All Materials are used and stored by Kenso Productions solely at the Customer’s risk and Kenso Productions is under no obligation to insure any Materials.

Neither Kenso Productions nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;

Kenso Productions will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Kenso Productions even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of each and every recording delivered to Kenso Productions for the purposes of the Contract.

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CUSTOMERS' ACKNOWLEDGEMENTS

The Customer acknowledges and agrees that:

Kenso Productions will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Kenso Productions will be transferred to the Customer until the Customer pays all amounts due to Kenso Productions in full.

The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Kenso Productions, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Kenso Productions.

The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Kenso Productions are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Kenso Productions, its employees and subcontractors.

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CUSTOMER UNDERTAKING AND WARRANTIES

The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video.

The Customer indemnifies and holds Kenso Productions harmless from any claims or legal actions related to the content of the Customer’s video. The Customer hereby indemnifies and holds harmless Kenso Productions against all loss, damage, costs or expenses suffered or incurred by Kenso Productions.

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PROJECT DELAYS AND CLIENT LIABILITY

Any estimate of the date by which Kenso Productions will complete any part of the Services is contingent upon the Customer providing complete instructions to Kenso Productions and fully cooperating with Kenso Productions until Kenso Productions has ceased providing Services to the Customer.

The Customer must appoint a person who has complete authority to provide instructions to Kenso Productions and respond to requests for feedback until Kenso Productions has ceased providing Services to the Customer.

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RECORDED MATERIAL

Ownership: The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Kenso Productions until full payment is made for the Services.

Where Services remain unpaid or in the event that a final agreed payment is not made, Kenso Productions reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.

Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Kenso Productions will remain the property of the author or legal entity owning the copyright.

Special Provisions for Ownership: Kenso Productions reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to Kenso Productions.

Kenso Productions has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Kenso Productions and the Customer. The copyright of such segments will belong exclusively to Kenso Productions.

Disposal: Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, Kenso Productions reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

Raw Footage: The Customer may purchase Raw Footage in viewable format for an additional fee of $250.00 per day of footage plus GST. If the Customer requires any Raw Footage to be provided by way of a separate hard disk, then Customer must pay Kenso Productions an additional fee of $250.00 plus GST.

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FAILURE OF EQUIPMENT OR ILLNESS OF KENSO PRODUCTIONS EMPLOYEES AND CONTRACTORS

Whilst all reasonable care and preparation is taken for videography and editing, Kenso Productions will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Kenso Productions or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

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RIGHT OF REFUSAL OR TERMINATION

Kenso Productions reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Kenso Productions is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.

If Kenso Productions terminates the provision of Services then any Deposit paid by the Customer is non-refundable. Kenso Productions may seek compensation from the Customer for any loss or damage suffered.

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LIMITATION OF LIABILITY

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).

Except to the extent of Non-excludable Rights, Kenso Productions will not be liable for: Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Kenso Productions in writing, and the liability of Kenso Productions for any such matters is hereby excluded.

Where (and to the extent) permitted by law the liability of Kenso Productions for a breach of a Non-excludable Right can be limited, Kenso Productions liability is limited, at Kenso Productions option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again.

Notwithstanding any other provision, Kenso Productions is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for: Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

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FORCE MAJEURE

If Kenso Productions cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, power failure, internet malfunction, act or omission of any third person or public authority, then Kenso Productions obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

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LEGAL COSTS

The Customer will be liable for any legal costs incurred by Kenso Productions in the recovery of unpaid invoices on an indemnity basis.

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PRIVACY

All information received by Kenso Productions from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

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OTHER MATTERS WHICH AFFECT THE CONTRACT

The laws of New South Wales apply to the Contract and the Customer must bring any proceedings against Kenso Productions in a New South Wales Court.

If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.

Kenso Productions is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for Kenso Productions.

When you agree via any communication methods to our quote, you agree to the terms of the quote and you enter into a contract as set up in the terms and conditions you have just read.

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AMENDMENTS

Kenso Productions reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.

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