Kiwi Aerial Shots

TERMS & CONDITIONS

Below you can read the terms and conditions that apply
when you're cooperating with Kiwi Aerial Shots

Please save/print a copy of these terms for your records. 

PLEASE NOTE: These are our standard Terms of Service, however please contact us if you would like to discuss amendments or alternative agreements to these terms in order to be in line with your specific project or organisation’s own requirements.

DEFINITIONS

  • Client: The business, organisation or person who engages KiWi Aerial Shots to carry out the work of the production, project, service for them.
  • Project / Production / service / Video / Goods: The end product or production, event or video which is ordered and used by the client.
  • Contract: A written arrangement agreed between KiWi Aerial Shots and the client in the form of a purchase order or written brief.
  • Third party: Any company, organisation or person not affiliated with or controlled by KiWi Aerial Shots or the client.

 1). Acceptance of this quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between KiWi Aerial Shots and the client.

2). All quotes are free and valid for thirty (30) days unless otherwise agreed or stated.

3). Costs will be discussed during initial meetings between the client and KiWi Aerial Shots. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified, agreed in writing and charged accordingly to the client.

4). Production fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc or tape duplications, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.

5). If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.

6). KiWi Aerial Shots will not commence work on any project until a signed purchase order or equivalent document has been provided by the client.

7). Kiwi Aerial Shots reserves the right to decline an assignment after new information becomes available that makes the production unacceptable for KiWi standards.

8). The client’s requirements must be clearly provided in the form of a written brief to KiWi Aerial Shots with at least 48 hours notice before commencement of any work.

9). Unless agreed otherwise in writing, KiWi Aerial Shots reserves the right to request 50% (exclusive of VAT) of the invoice as a deposit which must be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining percentage shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.

10). Notice of Cancellation or Termination: Prior to commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, KiWi Aerial Shots reserves the right to make the following cancellation/termination charges. Cancellation by the client with less than 24 hours notice may result in up to 50% of total charge minus any deposit paid. Cancellation by the client prior to 24 hours notice may result in a charge being made to cover costs already incurred. Cancellation by the client when the production has commenced, or with less than 24 hours notice, may result in up to 100% of the total charge being made. KiWi Aerial Shots reserve the right to cancel or terminate a contract if:
a). The client becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of KiWi Aerial Shots and anyone connected with KiWi Aerial Shots could be damaged.

11). The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by KiWi Aerial Shots unless any other written agreement is reached in advance.

12). Any contract requiring KiWi Aerial Shots to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with KiWi Aerial Shots, its servants or agents, as necessary.

13). It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.

14). KiWi Aerial Shots accepts no liability for damage that was done by Kiwi Aerial Shots themselves or someone of the production team. Only if the damage was done on purpose or because of serious negligence.

15).The Client indemnifies KiWi Aerial Shots for claims of third parties with regard to the rights of intellectually property on products or footage that are provided by the client and that are used for the video production.

16). A project will only be publicly released by KiWi Aerial Shots and the client once both parties (KiWi Aerial Shots and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.

17). KiWi Aerial Shots reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.

18). KiWi Aerial Shots shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to KiWi Aerial Shots, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

19). KiWi Aerial Shots cannot be held liable for loss or damage caused as a result of third party action or failure.

20). KiWi Aerial Shots has the right to hire a third party for executing an assignment without asking permission or notifying the client.

21). KiWi Aerial Shots can not guarantee and can not be held responsible for the fact that the service provided will not lead to the desired result like an increase in revenue or brand awareness.

22). KiWi Aerial Shots will execute its projects in the best possible way as a professional contractor. So when the client is not completely satisfied with the outcome they can not claim any compensation on the agreed invoice.

23). When KiWi Aerial Shots has to work with a third party that is assigned by the client, KiWi Aerial Shots can never be held responsible for the actions or negligence of this third party.

24). Exceedance of a deadline by KiWi Aerial Shots will never give the right to the client to demand a claim or compensation on the agreed invoice.

25). When KiWi Aerial Shots suspects that they can not deliver the promised service in time they will always contact the client as soon as possible.

26). KiWi Aerial Shots takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour.  In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result.  KiWi Aerial Shots will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.

27). In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.

28). In the event that KiWi Aerial Shots experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.

28a) COPYRIGHT & OWNERSHIP: In alignment with Dutch law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned to KiWi Aerial Shots, KiWi Aerial Shots assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.

28b) PERMITTED USAGE: In consideration of, and subject to, the final payment of full fees due to KiWi Aerial Shots by the client, KiWi Aerial Shots hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes

28c) RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written permission from KiWi Aerial Shots. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.

29). KiWi Aerial Shots productions retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of KiWi Aerial Shots Productions promotional use, unless otherwise agreed in writing with the client.

30). Any confidential or proprietary information which is acquired by KiWi Aerial Shots from a client, company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, KiWi Aerial Shots will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the KiWi Aerial Shots to supply of the product(s) or service(s).

31). Unless otherwise agreed in writing, the client accepts KiWi Aerial Shots’s decisions on creativity within the product(s) or service(s).

32). If full payment is not received within the time frame stated on the issued invoice, KiWi Aerial Shots reserve the right to remove all or any discounts offered on the original agreed quotation. These discounted amounts (in €) will be invoiced separately – and in addition to the original invoice – at the discretion of KiWi Aerial Shots.

33). Payment may be made by bank transfer

34). On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by KiWi Aerial Shots. KiWi Aerial Shots reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract.

RE-MASTERING: Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a new quotation regarding the re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing QC.

35). KiWi Aerial Shots cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.

36). Any claims must be made in writing to KiWi Aerial Shots within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.

37). Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of KiWi Aerial Shots. Any material published that has not been fully paid for, will be copyright-claimed by KiWi Aerial Shots to the publishing platform.

38). KiWi Aerial Shots reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.

39). If a client takes all footage (or a copies of all footage and material) away from KiWi Aerial Shots – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. KiWi Aerial Shots will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from KiWi Aerial Shots’s media server and hard drives at any point in the future. Unless otherwise agreed, automatic offsite backup of your footage will be for a minimum of 3 months after the final delivery date of your project.

40). Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of KiWi Aerial Shots, and copies will be given over to client at the discretion of KiWi Aerial Shots. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.

41): SUPPLY OF RUSHES / ALL FOOTAGE FILMED: Rushes (all filmed footage) are not supplied to the client as standard. Rushes/video files can be supplied for an additional fee (plus the cost of a hard drive and postage). Rushes can be supplied WITH edit project files / edit timelines for an additional fee (plus cost of hard drive and postage), which includes the transfer of KiWi Aerial Shots’s intellectual property rights on the timeline sequences.

42). KiWi Aerial Shots PRODUCTION CREDIT : Unless you specify otherwise, it is standard procedure (especially on discounted productions) for us to include a small KiWi Aerial Shots Productions text credit at the end of all videos.

43). Once you publish your video into the PUBLIC DOMAIN, it is assumed to be acceptable by you (unless otherwise stated by you) for any talent that feature in your video (including voiceover artists, contributors, actors and presenters) to use and publicise their appearance in your video for the purpose of the talent’s own showreel and marketing use (in whole or part use).

44). If production time is quoted, agreed and subsequently invoiced and paid for – then any unspent production time will be issued as a credit note (at the discretion of KiWi Aerial Shots) for future use. No refunds will be given.

45). A standard filming day is 8 hours of crew time on-set or at location (including lunch, but excluding breaks and travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.

46) For assignments above €15.000 we work with three stage payment setup. The first stage is a 25% pre-payment after approval of the quotation. Then another 25% payment follows right after finishing the film production itself, so before we start with the post-production. The final 50% follows after completion and approval of the final product. 

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