Terms and Conditions
Quotes
By accepting the quote and confirming the project or studio booking with Thievery Ltd the client accepts the following Terms and Conditions unless any alterations have been agreed and confirmed in writing.
Once a quote has been provided to the client it will remain valid for twenty-eight (28) days.
A quote will specify the agreed deliverables, the cost of producing them, as well as when and in what form (including technical specifications) they will be supplied.
Thievery Ltd reserves the right to re-quote should the concept, or original specification from the client alter in any way.
Payment
Thievery’s payment terms are 1/2 (50%) of the accepted quote to be paid on confirmation of the project, before the shoot date or the project begins. The final 1/2 (50%) plus any agreed additional payments for revisions or changes to the scope of the work, to be paid by the 20th of the month following completion and delivery of the project.
Invoice to be paid in New Zealand dollars. Payment must include all conversion and processing costs.
Event bookings to be paid in full upfront with a $600 bond before the event booking. No bond or payment in advance is required for photography and videography studio bookings.
Safekeeping of Digital Assets, Rushes and Masters
Thievery will store client’s raw files (this includes digital assets, rushes, masters and any other deliverables) for 12 months following the shoot date. The cost of this is included in the post-production rate. If the client would like to extend the storage of these files for a further year, each consecutive year will be a rollover fee of $180.
If a client opt’s out of Thievery managing the post-production, we will not store any material and it is the clients responsibility to make their own back ups and copies of the files. If the client wishes to have the security of Thievery storing their files, if they have opted out of post-production, there is a $180 12 month storage fee. This fee rolls over for each consecutive 12 months of storage.
All data, documents and tapes are received and stored by Thievery Ltd solely at the Client’s risk.
Thievery will not deliver the raw files to a client as part of the final delivery, unless this is specified and agreed in writing before the shoot date. Delivery of these assets may incur additional costs and charges.
Thievery Ltd shall not be responsible for the security of such materials or any other items in any other circumstances.
Discs, tapes, hard drives and any form of digital storage supplied by the client to Thievery Ltd shall remain the property of the client and will be returned after completion of the project.
If the client requests a retrieval of archived files (defined as files that are no longer active on a wetransfer or any other platform link), a retrieval fee of $50 will be invoiced to cover the time of the post-production team’s time spent sourcing.
Ownership, Copyright and Other Rights
Ownership of the materials and all related property produced by Thievery Ltd shall remain vested with Thievery Ltd until Thievery Ltd have received payment of the entire agreed quote and any extra charges incurred as a result of any agreed revisions.
On receipt of full payment all deliverables commissioned by the client belongs to the client unless otherwise stipulated. For this document ownership is defined as the unlimited use of the project deliverables, or use as outlined by any licensing agreements for specific materials or elements (such as stock footage, photography, talent agreements etc).
Thievery Ltd retains copyright and ownership on all tools, techniques, processes and other intellectual property used or developed for the production of any and all elements and materials require for the projects completion.
These include but are not limited to the treatment, shot list, surfacing and lighting setups, call sheets, and any imagery (filmed or created), retouching, concepts or artwork produced for but not used in the final deliverables.
The client and Thievery Ltd will ensure that appropriate permissions are obtained in respect of any copyright or trademarked materials supplied by the client or Thievery Ltd, as the case may be, for inclusion in the project. The party supplying such material will be responsible for its clearance.
The client grants Thievery Ltd a royalty free license to use the materials produced by Thievery Ltd for promotional purposes, either directly to a perspective client in person, on our website, social media channels, award show submissions or other advertising material.
If the client (including where such request occurs for or on behalf of any third party) asked for the production schedule, budget or scope of work as outlined in the original brief to be altered, all parties will use their best endeavours to agree new dates and relevant deliverables, and the client will be responsible for any reasonable and unavoidable increases in the agreed quote or costs arising as a result. Thievery Ltd will ensure that any additional costs or charges are explained, communicated and agreed by the client before commencing with any changes to the pope of work.
Requests for changes to the Schedule or Scope of Work
If the client cancels or postpones production after accepting the quote and confirming the project, in circumstances where Thievery Ltd have committed no material breach of the agreement, they must in all cases reimburse Thievery Ltd as per the schedule below:
Production:
- After confirmation of the project but before the first day of schedule production, if that is greater than 7 days, a fee to cover production costs will incur of $180.
- After confirmation of the project but before the first day of schedule production, if that is greater than 7 days and the client wishes to reschedule the shoot, no charges or fees will incur.
- After confirmation of the project and less than 7 working days but more than 48 hours before the first day of scheduled production, the client will pay 20% of the quoted costs.
- After confirmation of the project and less than 48 hours before the first day of scheduled production, the client will pay 50% of the quoted costs.
- After confirmation of the project and less than 24 hours before the first day of scheduled production, the client will pay 100% of the quoted costs.
- If the shoot is weather dependent, a contingency day will be planned before the shoot. No additional costs will be incurred if the contingency day is used.
Studio:
- If a booking has been confirmed and is cancelled more than 7 days before the confirmed shoot day, a fee to cover administration costs will incur of $180. If the client wishes to reschedule the booking more than 7 days before the booking date, no additional fees will be incurred.
- If a booking has been confirmed and is cancelled less than 7 days before the confirmed shoot day, the client will pay 20% of the quoted costs.
- If a booking has been confirmed and is cancelled, or rescheduled, less than 48 hours before the confirmed shoot day, the client will pay 50% of the quoted costs.
- If a booking has been confirmed and is cancelled, or rescheduled, less than 48 hours before the confirmed shoot day, the client will pay 100% of the quoted costs.
Cancellation or Postponement by Client
Each party agrees to insure itself effectively, and to provide on request evidence that such insurances are in effect, for all actions, claims, losses and demands which may arise out of or in respect of the performance, non-performance or breach by a party of its obligations.
All talent non appearance insurance and costs incurred by Thievery Ltd due to talent not completing their obligations are at client liability to settle.
If Thievery cannot shoot due to inclement weather, client will settle any reasonable and proven costs associated with weather.
Insurance
If Thievery Ltd identifies any technical errors or malfunction of equipment or materials or if the client notifies Thievery Ltd of any alleged such failures and Thievery Ltd accepts these errors, then (provided the client has not previously accepted the completed production material), Thievery Ltd will correct all such errors at its own expense.
In any such event correction will be the client’s sole and exclusive remedy.
Limitation of Liability
Confidential information belonging either to Thievery Ltd or to the Client shall not be disclosed to any third party nor used for any purpose other than in connection with completion of the Project.
Confidential Information
If quoted, performance contracts and voice over fees for the project are for a period of twelve months.
Rollover fees for a further twelve months should not exceed 100% of the original fee unless otherwise specified.
Cast Contracts inc Voiceover fees
If included talent and performer’s fees in the quote covers New Zealand use only unless otherwise specified.
Client is liable for any costs due to talent not completing their performance, if they choose to not take out non appearance insurance
Talent non appearance is covered by client and any claims are handled by client directly with insurance company.
Talent and Performer’s Fees
If included the contract for library music copyright is covered on the master in perpetuity for that one output.