DIGIFLIX TERMS AND CONDITIONS
These terms and conditions are written to serve as a public declaration of our primary focus to serve our customers based on the biblical principle of “Do to others as you would have them do to you” see Luke 6 verse 31
For those that prefer a more legal document, please read on:
The following are terms and conditions that apply to bookings with Digiflix:
1. Description of Services:
A contract with Digiflix is deemed to be binding when a booking, (either verbal, email or by booking form) is completed with or without a deposit. On the nominated date, Digiflix agrees to digitally record the client’s event as described at the time of booking or produce a video using images/video provided by the client. Digiflix will edit and mix the recordings (both audio and visual) to produce a video production, to a quality and form at the sole discretion of the Digiflix editor.
Digiflix shall be the only videography service provider retained by the client for the event identified. Family and friends of the client will be permitted to videotape/photograph the event for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s duties.
If, in the reasonable opinion of the assigned videographer, such person or persons are inhibiting the videographer from performing his or her duties, the client will do all things reasonably necessary to stop any further interference to the videotaping by that/those mentioned person/s.
Digiflix will assign a videographer from its own staff exclusively for the client’s event. If necessary, an assistant to such videographer may also attend the event. Digiflix reserves the right to change any initial assignment and substitute other staff /videographer at any time.
The client will supply meals and refreshments for the videographer (+/- assistant) when engaging Digiflix for more than 4 hours. Most venues include service staff meals within your agreement.
Should you require your videographer to stay past the specified hours as outlined in your selected package, an additional hourly rate will be charged, payable at the time of collection of your video. Please note maximum time on location will vary depending on location and any travel required.
All videography ceases at midnight regardless of program remaining.
To confirm your booking with Digiflix, a non-refundable deposit of 30% is required. Until payment has been received and cleared, your booking date will not be considered secured and your selected date will remain available to other parties.
The receipt of your deposit confirms your acceptance of the Digiflix Terms and Conditions. (Where no deposit is paid in advance (ie funerals) the booking confirmation (verbal/written) will constitute a contract, and acceptance of these terms and conditions.)
If a date is no longer available, any subsequent deposit received will be returned to the sender with no further liability on either party.
Full payment is required 1 week prior to the event for video recordings and at the time of collection for all other goods/products, except where goods are to be delivered in which case full payment plus delivery fees must be paid in full prior to delivery.
Payment may be made via bank transfer, cheque or credit card (2.5% surcharge applies)
Digiflix reserves the right to not release the work, video, or any part of it unless payments are made as agreed.
The final product will not be released or edited until final payment is received. Should any cheque fail to clear the account against which it is drawn, the client will pay an additional fee of $50.00.
If any work/products are not collected/paid for within 3 months of completion, following contact trying to be established by 3 phone calls, and registered letter, Digiflix reserves the right to sell any equipment left at our premises by the client to cover the outstanding monies due and any balance will be forwarded to the client when requested. If no equipment is in our possession, or the sale price does not cover outstanding monies due, Digiflix reserves the right to take legal action to recover outstanding monies due, late payment fee or any other expenses, disbursements and legal costs incurred by Digiflix in the enforcement of any rights contained in these terms and conditions from the client, including any reasonable solicitor fees or debt collection agency fees.
There is a $50.00 per month surcharge imposed on any outstanding balances that are not received by the requested due date.
All prices quoted include travel within Adelaide metropolitan area. Additional fees may apply to other areas, or areas within this zone during special events, as outlined at the time of booking.
Where a videographer is required to stay overnight to meet the Client’s booking requirements, suitable “bed and breakfast” accommodation must be provided at the Client’s expense.
Where flight or extended travel arrangements are required, these arrangements will be charged at the Client’s expense. All booking arrangements are to be discussed and agreed with the Client.
5. Illness and Unexpected Events:
Digiflix will not be liable to the client under any circumstances if it’s performance and/or products are prevented or impaired due to war, industrial action, fire, acts of God including adverse weather conditions and earthquakes, shortages or unavailability of labour or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Digiflix.
In the unlikely event of serious injury, illness or emergency circumstances beyond our control, Digiflix will make all reasonable efforts to substitute another competent professional. If another videographer cannot be assigned in time for the event, or the client declines such substitution, Digiflix will promptly return to the client all payments previously made by the client to it, and will then have no further liability with respect to this booking.
Digiflix reserves the right to decline outdoor videotaping in the event of inclement weather. The client is responsible for providing an alternate nearby (by consultation with Digiflix) location in the event of inclement weather.
6. Liquidated damages:
The client and Digiflix recognize it is extremely difficult and impracticable to ascertain the extent of the client’s actual damage in the event of a breach of this contract on the part of Digiflix. The parties therefore agree that in the event of any breach arising from the negligence or other unintentional conduct of Digiflix, including without limitation, any damage to or loss of any video DVD footage and photo images, the client may be entitled to a percentage reduction of the price based upon the amount of actual tape-time that has been damaged, lost or not captured.
7. Change in date, Time or Event:
In case of a change in the time or date of the event, Digiflix shall make reasonable efforts to accommodate the change to the client. However, if the new time or date conflicts with existing commitments or schedule, Digiflix reserves the right to terminate the booking. In the event of such termination, the Client will forfeit any monies paid.
If cancellation of a job occurs less than 3 months from the event date, the Client will forfeit all monies paid and maybe responsible for the full amount of the contract, if the date cannot be rebooked.
No cancellation fee will be charged for cancelled or postponed dates where Digiflix is offered an alternative confirmed booking to replace the cancelled or postponed date(s) – subject to availability of Digiflix schedule.
Should a cancellation occur due to force majeure/acts of God, then the parties shall negotiate in good faith regarding rebooking and cancellation fees
8. Raw Footage, Editing and Completion of Final Product:
The Client may submit in writing (by fax or email) any specific editing requests concerning the event to Digiflix within two (2) weeks from the date of booking or prior to event, if booking inside 2 weeks from event date. If no written editing requests are made by the client, editing of the raw footage is at the sole discretion of Digiflix.
Digiflix videographers will always consider the requirements and desires of the Client in terms of video capture, editing and style, but reserve the right to use their professional opinion in any circumstance. Artistic interpretation cannot be guaranteed but every attempt will be made to comply with the Client(s) wishes.
The Client has had the opportunity to view samples of Digiflix work and is completely satisfied with its quality and with Digiflix video production capabilities and artistic style. In the unlikely event that you are not totally satisfied with your wedding video, Digiflix will be happy to address any minor amendments at no additional cost within 7 days of receiving your DVD.
Changes to the finished product to accommodate aesthetic or personal tastes will result in additional fees and will be addressed with the Client on a case by case basis.
After this time if a client wishes to re-edit the footage or make any other change to the DVD, outside of the original scope/booking Digiflix may impose additional fees (calculated on an hourly rate) for re-editing the DVD.
An approximate completion date, for the client’s DVD will be assigned once all items necessary to complete the editing process are received by Digiflix, and the balance is paid in full.
Please allow six to twelve weeks for the editing process.
However if all the items to complete the DVD and photography requirement are not submitted within 3 months of your event date, Digiflix reserves the right to apply a fee of 15% to the total booking price or cancel the contract completely and with no refund of monies paid.
No Digiflix package includes access to or copies of raw footage, as it is just that – raw! Un-edited footage and could be shaky, blurry or varying in exposure. Raw footage is used only to create the master DVD after which time it will be deleted from our system.
As each video project is different in nature, Digiflix cannot guarantee the specific length of each video.
Master copies will be retained by Digiflix as long as is reasonably possible. This is not guaranteed due to the size of these video files, and other circumstances outside of Digiflix control due for example but not limited to, fire or theft at our premises. It is therefore suggested to purchase an additional copy for backup.
9. Publicity Rights/ Promotional Use of Images & Copyright:
The client gives permission and Digiflix reserves the right to use any or all images/recordings from the client’s event for commercial use, including without limitation, for exhibition, promotion, advertising or any purpose thought proper by Digiflix.
The Client Agrees that all participants give their consent to being recorded (videotaped) and consent to the same usages of their likeness images and/or voices previously described above. The Client assumes responsibility for such release and authorisation and for notification to all participants.
Copyright is held entirely by Digiflix for all videos produced, where Digiflix recorded the original video footage or produced a video sequence using video/images provided by the client. (as to the extend permitted by law) Shared copyright may only be negotiated in writing by the client, at the time of booking.
Digiflix will make every attempt to properly videotape all pertinent footage to be used in the development of the video production/s. The client must be aware that because of the nature ‘live production’, adverse situations and equipment failures can occur beyond the control of Digiflix that may alter the outcome of the video production. Digiflix cannot guarantee that any specific portion of the client’s event or particular shot will be recorded in full or in part, although all care is taken to achieve the requested shots. Digiflix will not be held monetarily or any way liable to the client for failure to record and/or photograph any specific portion of the client’s event.
Under no circumstances, (whether due to a breach of this agreement or otherwise) will Digiflix or its representatives be held financially liable for an amount exceeding the amount payable, by the client to Digiflix under this Agreement.
Concerning Livestreaming – Please be aware that as this service is relying on third party providers, (ie internet providers) this service is not guaranteed. In the unlikely event that the connection is not possible or not able to be maintained, an edited version of the funeral will be uploaded to the same URL as soon as is practical following the service and an email will be sent to advise when this is complete. If this should occur, this service will be considered an express edit and charged accordingly.
Digiflix will abide by all rules of the facility and/or directions of staff (if applicable) and/or facility coordinator(s) in regard to camera set-up and will not be held responsible for absence of certain shots due to such rules and/or directions, or due to interference by wedding guests or vendors, including the photographer.
Digiflix will endeavour to protect the safety of their staff and interested parties. Any shot, location or action on set that is not deemed as safe, may be terminated at the discretion of Digiflix. Further more Digiflix reserves the right to remove (or have removed) any individual or group from a set/location that is causing distraction and/or deemed dangerous to the crew. Any costs involved to be recovered from the client.
Compatibility issues, that may occur between recordable media and various brands of player is not the responsibility of Digiflix.
11. Changes to the Contract:
The booking whether written or verbal constitutes the sole and exclusive booking between the parties regarding the services and/or products to be provided by Digiflix in connection with the event. No further covenants, warranties and/or representations, expressed or implied, will be considered unless specifically set out above. If either party in this agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this agreement must be in writing and signed by all parties.