Terms of Business - Pure Productions Limited
1.1 These Terms and Conditions are between Pure Productions Limited (Company number:1684696NZ Business. Number:9429034579831) to be referred to within these Terms and Conditions herein as PURE and any employee/organizations/ company in which PURE enters into a contract and specifies the terms upon which we shall provide our services.
2. Acceptance of Terms and Conditions
2.1 The customers written acceptance of a quote and/or payment of a deposit invoice shall be deemed acceptance of these Terms and Conditions.
3. Pricing & Payment3.1 All prices quoted exclude GST (15%) and in New Zealand dollars unless stated otherwise.
3.2 Quotes are valid for 28 days from the date supplied and are based upon a client brief being supplied.
3.3 Any work outside of supplied client brief or agreed scope will incur additional costs charged at an hourly rate dependent on services required.
3.4 Pure reserves the right to withdraw from any quotation/pitch process at anytime.
3.5 Invoices are payable within 7 days of being issued and will include a 50% deposit invoice and final invoice of the remaining 50% unless agreed prior.
3.6 Failure to make full payment of issued invoices at time of required payment may incur interest being changed at 10% per month of the outstanding amount. This will be compounding monthly.
3.7 Failure to pay outstanding invoices after 90 days of required payment date will be registered at a small claims tribunal and third party collection agency.
3.8 Any recovery/legal fees and interest charges will be included and added to the amount outstanding.
4. Location Production & Travel
4.1 One filming day equates to 8 hours and includes travel time and begins once the crew vehicle and gear leave PURE’s offices.
4.2 Crews are entitled to one 45-minute break within 5 hours of the day commencing.
4.3 Half day is based upon 4 hours and is the minimum call out fee including travel time.
4.4 Overtime shall be charged at 2x hourly rate for additional hours until the 10th hour. At this stage overtime will be charged at 3x hourly rate.
4.5 Cancellation fees of 100% of shoot costs will be charged if cancellation occurs within 24 hours or scheduled shoot time unless by prior agreement.
4.6 Unless stated quotes do not include any associated travel costs outside of Central Auckland (30km Central Police Station).
4.7 Mileage outside of this area (30km Central Police Station) will incur mileage to be charged at 77cents per km and any parking fees / road tolls are additional costs to any quoted costs.
4.8 Any props or equipment purchased by PURE to be used within a production remains the property of PURE.
4.9 Any travel that requires crew to be away for 24 hours or more shall incur per diems payable for every 24 hour period and is to be paid to each crew member at a rate of $75 per day regardless of the provision of meals and accommodation.
5. Post Production
5.1 All quotes include one master file unless otherwise stated. Further files requested by the client will incur a mastering and export fee of $70 per file.
5.2 Material, files and/or digital assets supplied/required after production is completed that were not included within the original quote will incur additional charges.
5.3 All quotes/proposals include one set of factual changes that are within client brief/scope and must be provided in writing within 5 working days of first cut being supplied to the client.
5.4 Any further changes requested by the client after the first round of changes by the client may incur additional costs based upon our hourly rates and may include but not be limited to; production management, producers time, post production costs, mastering, archiving.
5.5 Failure to provide any feedback/changes within 5 working days may incur a reloading fee of $250 excl GST.
5.6 If urgent changes are required an urgent/premium hourly rate maybe charged.
5.7 No responsibility is taken by PURE for the accuracy/quality/ copyrights or translation of any material supplied by the client.
5.8 A one off archiving fee is charged to each production to hold working files and source media. If a client requires changes once a project has been signed off as complete and archived a reload fee will be charged based on a minimum fee of $250 excl GST. If the project is over 5 TB or / and has been stored for more than 2 years additional storage fees may apply.
5.9 PURE has no legal obligation to release or supply media/assets/recordings and project files used within a client’s production. PURE retains ownership of these files.
5.10 Copyright of all creative material created by PURE and including but not restricted concepts/material/ideas/storyboards/scripts/footage/graphics remains the property of PURE.
5.11 Any material created by PURE must not be
re-purposed/edited or altered in anyway without written approval by PURE.
5.12 Any productions commissioned by the ‘client’ includes supplying a master file BUT does not include access to any assets, research, concepts and/or working files used within the project.
5.13 PURE retains the right to use clients videos/media/images/recording to market and advertise their services without restriction.
5.14 Any talent or restricted use material such as images/music and/or voice recordings may be restricted to geographical/physical and timeframe uses and may incur roll over or additional fees for extended uses.
5.15 PURE accepts no responsibility if the client breaches copyright in the use of media created produced by PURE.
6.1 Courier/freight/handling/approval and dispatch charges are not included within quotes/proposals unless stated.
6.2 TVCAB and Dispatch costs include management, upload fees and costs and are charged at a minimum rate of $190 per key per station.
6.3 PURE requires 72 hours notice to dispatch to NZ stations and 96 hours to international stations.
6.4 Urgent dispatches required within this time will incur increased dispatch fees.
6.5 Any files that require online uploads such as web/FTP uploads will incur an upload fee dependent upon file size and urgency with a minimum fee of $70 per 10GB file size.
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/changes required for TVcab approval will be charged to the client at PURE’s hourly rate.
7.1 PURE retains all project files and media but is under no obligation to do so.
7.2 Any projects/media/files to be reloaded from archive will incur a reload fee of $250 and incur storage costs of $50 per annum per 100GB to be paid upon reload when updating or amending a previous project.
7.3 PURE may request an asset / media storage fee from a client based upon the size and duration that project files and media have been stored.
7.4 If a client requests delivery of all or any archived media and or project files a fee will be charged base on $250 reload fee, $50 per annum per 100GB, hard drive costs and courier / shipping fees. No material or files will be released until this fee is paid in full.