Our standard terms and conditions are outlined below. It is vital that you, the “Client”, please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with us, “Motion Paper” traded as Joscha Mayer Photo&Videography. Please also note that from time to time we may need to alter these terms and conditions without prior notice.
Please contact us if you do not understand any of the terms and conditions in this document.
COMMENCEMENT OF WORK
Agreement to work with and payment of deposit to Motion Paper constitutes agreement to these terms and conditions.
CONCEPT DEVELOPMENT
Client agrees to allow Motion Paper to showcase any pre-production concept ideas created in the course of developing the overall concept/s as part of Motion Paper’s own design and pre-production portfolio. Motion Paper acknowledges the confidential nature of projects and agrees to only display project specific work after the final agreed production has been publicly launched.
PROJECT FEES
It is agreed that the Project Fees for services shall be the quotations provided via email or WhatsApp, unless work undertaken exceeds work as outlined. If work undertaken exceeds the items specified in the quote, Client agrees to pay appropriate additional fees for the excess work, outside the scope of the original agreement. Motion Paper agrees to notify the Client of any increases in the scope of the project.
Publication and/or release of work performed on behalf of the Client by Motion Paper may not take place before cleared funds have been received.
LIABILITY & LITIGATION
It is agreed that Motion Paper indemnify and hold the Client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the Client or its employees, and it is agreed that we shall notify the Client in writing of full details of any such claim.
Under no circumstances shall Motion Paper be liable to the Client for an indirect or consequential loss suffered by the Client relying on the Production Media Deliverables prepared by Motion Paper including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability must be strictly limited to the direct losses associated with remedial costs of the Production Media Deliverables only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
APPROVAL OF FINAL DELIVERABLES
While Motion Paper takes all care to avoid errors, Motion Paper accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any production published. It is the Client responsibility to proof read and approve all final copy before produced media is made public. The email or WhatsApp verification of the Client’s representative shall be conclusive as to the approval of all production media deliverables prior to their release for publication.
No refunds are given after a final approved production deliverable has been published due to the clients lack of attention to detail in the media review and approval process.
FORCE MAJEURE
Motion Paper shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Motion Paper.
Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
COPYRIGHT
Motion Paper retains full ownership and copyright of all concepts, scripts and any deliverables it produces. Only once the production deliverables are approved and submitted and full payment in accordance with this agreement is received by Motion Paper, does the agreed ownership and usage rights to the concept, script and deliverables transfer to the Client.
Motion Paper reserve the right to use all concepts, scripts and produced media/s developed in the course of the project (including those concepts not selected) and any and all revisions for the purposes of promoting Motion Paper in print or digital media portfolios, websites, social media and blogs, except where the client has specifically requested in writing otherwise.
Unused concepts and scripts remain the property of Motion Paper. Motion Paper may still use paid-for concepts in its promotional materials and in its online portfolio. Motion Paper reserves the rights to certain elements used to create your projects including illustrations, RAW files, fonts, patterns, stock images, stock video, textures and other non exclusive items.
Other than for the promotional use of Motion Paper, all services provided shall be for the exclusive use of the client’s said purposes only.
GOODWILL
This proposal assumes goodwill from both Motion Paper and the Client regarding:
• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes
TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the Client canceling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Motion Paper. This is to cover pre-production and concept development time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by Motion Paper and the Client by negotiation) a pro rata payment is payable for time spent up until cancellation notice, at an hourly
rate of $100 per hour.
If a project is canceled by Motion Paper, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the Client, ownership of all copyrights and the original concept, medias, any drafts or select images or video content and hard disks shall be returned and retained by Motion Paper.
CONFIDENTIALITY
It is agreed that employees or subcontractors of Motion Paper shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the Client.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by the Client and signed by an authorised representative of Motion Paper prior to the commencement of work outlined in this submission.
DISCLAIMER
Video production, illustration, branding, artwork, concept development, mood boarding, script writing, photography, and cinematography are all highly creative and subjective art forms. As such, Motion Paper take every possible care with professional advice offered and any suggested creative concepts and/or their implementation; however, Motion Paper cannot be held responsible for variations between expectation and outcome.