The Client
The Client: Also referred to as ‘You’, the company, business or client, authorised representative of the client, or individual requesting the services of TEN ALPHAS.
TEN ALPHAS
Also referred to as ‘I’, ‘Our’ and ‘We’, the production company & employees or affiliates.
The Project
TEN ALPHAS will issue you with a proposal via email outlining our interpretation of your brief, the scope of works, work method, deliverables, limitations of service, and pricing.
1. Acceptance
Acceptance of the proposal TEN ALPHAS provides you with is deemed acknowledgement and agreement to the the following terms and conditions.
2. Payment
TEN ALPHAS accepts payment via direct bank deposit. Invoices will be sent periodically, relating to work done to that date. The client agrees to settle accounts within 14 (fourteen) days of receipt of invoice. Exceptional payment timelines can be arranged, depending on the payment policies of the client. TEN ALPHAS will be under no obligation to proceed to an ensuing stage of the project until all outstanding invoices have been met in full.
3. Confidentiality
TEN ALPHAS may ask you for details in order to fulfill the requirements of the Project. TEN ALPHAS undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by TEN ALPHAS. The Client is responsible for keeping confidential, any passwords and usernames issued to them by TEN ALPHAS.
4. Exclusivity
TEN ALPHAS do not work on an exclusive basis unless this has been specifically negotiated.
5. Deposit
A 50% deposit of the total fee payable under our proposal for The Project is due before work will commence. At the discretion of TEN ALPHAS, the remaining amount will be due in accordance with the project stages outlined in your proposal. We reserve the right not to commence any work until the deposit has been paid in full.
6. Modifications & Additional/Optional/Recommended Services
Any modification or alteration which increases the time to complete a Project (beyond the proposed and stated deliverables) may result in supplementary charges. You will be notified when moving into additional production time, and you will be sent an estimate for you to approve.
7. Disbursements & Out Of Pocket Expenses
Fees for TEN ALPHAS’ professional services do not include outside purchases such as transportation, accommodation, catering, specialist equipment hire. These items will not be accrued without your prior knowledge. Anticipated disbursements will be itemised in the Proposal.
8. Time
Fees estimated in this proposal are done so for the purpose of budgeting. The costs are generated from experience based on similar projects. Fees are subject to change. Should there be any additions or alterations to the brief, TEN ALPHAS will keep the client informed of both work and fee status during the production process. If the Client does not provide expected information or respond to TEN ALPHAS in a reasonable amount of time, the timelines for the project may be affected. TEN ALPHAS will not be liable for any loss or damage resulting from such estimated time periods not being met.
9. Consultation
Where required, milestone meetings/calls/video hangout sessions will be costed into each stage as itemised in the Proposal. Should additional meetings be requested or special presentations required, these will be charged at the hourly rate and reflected on the invoice. You will be notified if a meeting or call is in excess of the anticipated project scope.
10. Project Delays And Client Responsibility
TEN ALPHAS will let you know of any required information/copy/imagery/services etc upon the project Proposal being accepted. Any time frames or estimates that we give are reliant upon you providing TEN ALPHAS with accurate and timely information and materials. During post-production there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a reliable basis in order to expedite the feedback process. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy and logos. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
11. Communication
Once the Project has commenced, you must be available via e-mail, able to answer all questions and complete tasks throughout the production process.
12. Direction, Feedback And Approval
The Client agrees to exercise due diligence in its direction to us regarding the pre-production, production and post-production phases. The script, creative treatment, locations and interviewees must be signed off during pre-production. If a client representative is present during the shoot, they should approve all shots, and, where appropriate, may request extra content ad-hoc. During post-production, the client is responsible for providing feedback in a timely and clear manner, and have all necessary stakeholders and the company’s legal department sign off on the videos prior to final delivery. TEN ALPHAS will not be held liable for any legal infringements as a result of video content being distributed or published under client direction and is not liable for errors or omissions once final delivery has been signed.
13. Motion Graphics Package And Training
TEN ALPHAS can assemble a motion graphics After Effects package for your company, and train an appropriate company member with Adobe Premiere Pro skills how to apply these graphics to videos. This service is available at an additional cost.
14. Distribution Platform
TEN ALPHAS will provide video content in a format/quality suitable for your specified distribution platforms (online, TV, etc). If requested, we can also deliver all footage and Master Files on a drive supplied by the client. Please specify if you require this service in your initial Brief. There may be additional charged if this is requested at a later stage.
15. Property & Suppliers Performance
TEN ALPHAS will take on all responsibility for the performance of our equipment, employees and suppliers. If you select your own suppliers, other than those recommended by us, to carry out certain aspects of a Project we cannot in anyway be held responsible for quality, performance or delivery.
16. Cancellation
Should the project be postponed or cancelled by the client, then the client shall be liable for our fees, costs and expenses up to the time TEN ALPHAS are notified in writing of such cancellation.
17. Liability
TEN ALPHAS are covered for Public Liability with an indemnity of $20m with Cinesure Entertainment Risk Specialists.
18. Project Ownership
TEN ALPHAS has the right to use and distribute all videographic, photographic, written or recorded content produced for clients, unless confidentiality is clearly requested in the Client’s initial brief. TEN ALPHAS is not liable for any legal implications of distributing content that has not been clearly specified as private and confidential by the Client prior to the completion of the Project. The working files remain the property of TEN ALPHAS and can be purchased for an additional 25% of the project fee.
19. Feedback
After the completion of the Project, you may also be asked to write a brief testimonial paragraph for the TEN ALPHAS website. You are under no obligation to do so but your feedback is always appreciated.