Terms of Business
Pure Productions Limited
Parties
1.1 These Terms and Conditions ("Agreement") are entered into between Pure Productions Limited, a company registered in New Zealand under Company Number 1684696 and NZ Business Number 9429034579831, hereinafter referred to as "PURE," and any employee, organization, or company ("Client") with whom PURE enters into a contract, specifying the terms under which our services shall be provided.
Acceptance of Terms and Conditions
2.1 Acceptance of these Terms and Conditions occurs when the Client provides written acceptance of a quote or makes payment of a deposit invoice.
Pricing & Payment
3.1 All prices quoted are exclusive of Goods and Services Tax (GST) at a rate of 15% and are stated in New Zealand dollars unless otherwise specified.
3.2 Quotes are valid for 28 days from the date of issuance and are based on a complete client brief.
3.3 Any work requested outside the provided client brief or agreed scope will incur additional costs, charged at an hourly rate depending on the services required.
3.4 PURE reserves the right to withdraw from any quotation or pitch process at any time.
3.5 Invoices are payable within 7 days of the date of issuance.
3.6 A non-refundable deposit of 50% of the quoted amount is required upon acceptance of any quotes. The remaining 50% of the final invoice will be due upon delivery of the first version (V1) of the video for review.
3.7 Late payments will incur interest charges at a rate of 22% per month on the outstanding balance. Interest will be compounded monthly.
3.8 Failure to pay outstanding invoices within 90 days of the due date may result in registration at a small claims tribunal and engagement of a third-party collection agency.
3.9 Any recovery or legal fees, as well as interest charges, will be added to the outstanding amount.
3.10 PURE reserves the right to withhold all assets and materials until full payment has been received.
Location Production & Travel
4.1 One filming day equates to 8 hours, including travel time, which commences once the crew vehicle and equipment leave PURE’s premises.
4.2 Crews are entitled to one 45-minute break within a 5-hour work period.
4.3 A half-day is defined as 4 hours, inclusive of travel time from the equipment collection location.
4.4 Overtime will be charged at 1x the hourly rate for hours up to the 10th hour; thereafter, overtime will be charged at 2x the hourly rate for the 11th and 12th hours. Fees for hours beyond the 12th hour are negotiable.
4.5 Cancellation fees of 100% of the quoted shoot costs will apply if cancellation occurs within 24 hours of the scheduled shoot time, unless otherwise agreed.
4.6 Quotes do not include associated travel costs outside of Central Auckland (30 km from the Central Police Station), unless specified.
4.7 Vehicle mileage will be charged at 92 cents per km, incurred after the first 30 km. Additional parking fees and road tolls will be charged as extra costs.
4.8 Any props or equipment purchased by PURE for production purposes remain the property of PURE.
4.9 Travel requiring the crew to be away for 24 hours or more will incur per diem charges of $80 per day per crew member, irrespective of meals and accommodation provisions.
4.10 The minimum call fee is 3 hours, charged at our standard hourly rate of $250 excluding GST.
Post Production
5.1 All quotes include delivery of one master file unless otherwise stated. Additional files requested by the client will incur a mastering and export fee of $80 per file.
5.2 Requests for production materials, files, and/or digital assets not included in the original quote will incur additional charges.
5.3 All project quotes include two rounds of changes that fall within the client's brief/scope, to be provided in writing within 5 working days of the initial cut (V1) being supplied.
5.4 Additional changes requested after the second round may incur costs based on hourly rates, including but not limited to production management, producer time, post-production costs, mastering, and archiving.
5.5 Feedback or changes not provided within 5 working days may incur a reloading fee of $250 excluding GST.
5.6 Urgent changes will be subject to an urgent/premium hourly rate.
5.7 PURE is not responsible for the accuracy, quality, copyrights, or translation of any material supplied by the client.
5.8 If a client requires changes after a project has been signed off as complete and archived, a reload fee will be charged, starting at a minimum of $250 excluding GST.
5.9 Project storage costs will apply for re-accessing original projects and files, calculated at $100 per 100 GB per year based on project size and storage duration.
5.10 Any archive material required will incur a $250 excluding GST file transfer/upload fee, in addition to any data storage fees mentioned above.
5.11 PURE has no legal obligation to release or supply media/assets/recordings and project files used within a client’s production, as PURE retains ownership of all working files.
5.12 Copyright of all creative material created by PURE, including but not limited to concepts, materials, ideas, storyboards, scripts, footage, and graphics, remains the property of PURE.
5.13 Any master material created by PURE must not be repurposed, edited, or altered in any way without written approval from PURE.
5.14 Productions commissioned by the client will include the provision of a master file but will not include access to any assets, research, concepts, raw footage, recordings, images, scripts, or working files used within the project.
5.15 PURE retains the right to use clients' videos, media, images, and recordings to market and advertise its services without restriction.
5.16 Talent images or restricted-use materials, such as images, music, and audio recordings, may be subject to geographical, physical, and timeframe restrictions and may incur additional fees for extended usage.
5.17 PURE accepts no responsibility if the client breaches copyright in the use of media created or produced by PURE.
5.18 PURE accepts no responsibility for the client's breach of talent agreements and is hereby released from all legal obligations related to the talent contract if PURE signed the talent usage contract on behalf of the named client.
5.19 Subtitle costs are not included in standard quotes unless stated. Subtitle costs are $70 excluding GST per minute of finished video.
Dispatch
6.1 Courier, freight, handling, approval, and dispatch charges are not included in quotes or proposals unless stated.
6.2 TVCAB and dispatch costs include management, upload fees, and other related costs, charged at a minimum rate of $200 per key per station.
6.3 PURE requires 72 hours' notice for dispatch to NZ TV stations and 96 hours for international stations.
6.4 Urgent dispatches required within this time frame will incur increased dispatch fees.
6.5 Files requiring online uploads, such as web/FTP uploads, will incur an upload fee based on file size and urgency, with a minimum fee of $250 per 100 GB.
6.6 PURE accepts no responsibility for television commercials being approved by TVCAB, the Commercial Approvals Bureau, or any international equivalent.
6.7 Any additions or changes required for TVCAB approval will be charged to the client at PURE's hourly rate.
Archival / Storage
7.1 PURE retains client project files and media but is under no obligation to do so. We do not provide guarantees that any media, project files, or assets will be available once the project is completed and a master file is provided.
7.2 Reloading any projects, media, or files from the archive will incur a reload fee of $250, along with storage costs of $1 per annum per 1 GB, payable upon reload when updating or amending a previous project. No material or files will be released until these fees are paid in full.
General Provisions
8.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or negotiations, whether written or oral.
8.2 Any amendments to this Agreement must be in writing and signed by both parties.
8.3 This Agreement is governed by the laws of New Zealand, and any disputes arising from this Agreement shall be resolved in the courts of New Zealand.
8.4 If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.
8.5 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
VIDEO ENGINE MEMBERSHIP
TERMS & CONDITIONS
(Issued by PURE Productions Limited, New Zealand)
1. Agreement to Terms
1.1 These Terms & Conditions govern the contractual obligations between PURE Productions Limited ("PURE", "we", "us") and the Video Engine Member ("Member", "you").
1.2 Video Engine Members are bound by PURE Productions’ Standard Terms of Business, in addition to the specific contractual obligations outlined below.
1.3 By joining the Video Engine Membership, the Member agrees to abide by these Terms & Conditions in full.
2. Membership Term & Payments
2.1 Minimum Commitment: Video Engine membership is a minimum 12-month contract, with no refunds permitted for early termination unless explicitly agreed in writing at the time of forming the contract.
2.2 Payment Schedule: Membership fees are payable monthly in advance, with payment due by the 20th of each month.
2.3 Late or Failed Payments: Failure to pay on time will be subject to the same late fees and penalties outlined in PURE Productions' Standard Terms of Business. Continued non-payment may result in suspension or termination of services, with the full outstanding amount still payable.
2.4 Early Termination & Cancellation:
Cancellation within the 12-month period does not exempt the Member from paying the full contract term unless otherwise agreed in writing at the start of the contract.
PURE Productions reserves the right to terminate the membership without liability in cases of non-payment, breach of contract, or other justified business reasons.
3. Use of Production Hours
3.1 Definition of Production Hours:
Each Video Engine production hour entitles the Member to one hour of:
Scripting
Standard filming
Video editing
Royalty-free music
Basic stock footage
Basic 2D animation
3.2 Exclusions from Production Hours: Production hours cannot be used for:
External supplier voice-over recordings
Premium or specific paid stock footage
Complex 2D or 3D animation
Flights, accommodation, or logistical costs for projects outside Auckland
3.3 Travel Costs: Travel outside Central Auckland is charged at 1/2 of one production hour per hour of travel (e.g., 2 hours of travel = 1 production hour deducted).
4. Expiry & Carryover of Production Hours
4.1 Production Hour Expiry:
Unused production hours must be used within the 12-month contract term and cannot be carried over unless the Member renews their contract.
If the membership is extended for an additional 12 months, any unused hours from the previous contract may be carried over.
5. PURE Productions’ Rights & Termination
5.1 Right to Withdraw: PURE Productions reserves the right to withdraw from any 12-month Video Engine contract at any time, without recourse, provided reasonable notice is given to the Member.
5.2 Liability Limitation: PURE Productions is not liable for any indirect, incidental, or consequential losses resulting from contract termination or delays in service delivery.
6. Additional Considerations
6.1 Confidentiality: All content, scripts, and footage produced remain confidential and will not be shared externally without written permission.
6.2 Intellectual Property:
PURE Productions retains the copyright to all raw footage, project files, and creative assets unless explicitly transferred in writing.
Members are granted a license to use the final exported videos for their intended business purposes.
6.3 Force Majeure: PURE Productions is not liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, government restrictions, or technical failures.
6.4 Dispute Resolution: Any disputes arising from this agreement shall first be negotiated in good faith. If unresolved, disputes will be referred to mediation under New Zealand law.