TERMS + CONDITIONS.

In a nutshell.

We know you're busy - here are our Top 10 T&Cs.

  1. By accepting a proposal or quote from us, you're saying ‘Yes, I agree!' to the T+Cs below.

  2. Once you’ve accepted the proposal via email, we’ll send you a booking fee invoice for 50% of the total fee. When this has been paid, we’ll book in shoot dates + get planning!

  3. We’ll need your assistance with some elements during pre-produciton. If we aren’t able to get in touch with you, additional charges may apply (best to read below if you’d like more info on this).

  4. We charge for extra filming + editing time, beyond what’s included in the proposal. We also charge for travel outside of Sydney, and parking.

  5. It’s best to choose one person in your team to communicate with us. This person is special because they get to channel all feedback + input through to us.

  6. If you need to cancel or reschedule a shoot, best to read the fine print below, as we may need to charge for this.

  7. We like to stick to this timeline, in order to keep things slick + simple:

  • Two weeks pre-production time is best for us.

  • Our creative deadline is one week before the scheduled shoot day/s.

  • Two weeks after the shoot, you’ll receive a preview edit of your video to admire, and also to give us any feedback + adjustments.

  • A week after we’ve received your feedback, you’ll receive another preview edit, as well as your final payment invoice.

  • Once you’ve paid the invoice + approved the final edit, the finalised high-res files will be delivered to your inbox! Hooray!​

The fine print.

These Terms + Conditions take effect from 3rd October 2019. Click here to see our previous T+Cs.

 

Proposals + Quotes

By accepting a proposal or quote from Keyy Productions for creative services, you agree to the terms + conditions stated in this contract. Any opinions, or objective or subjective criticism of the creative content will not influence the terms + conditions, the proposal, the agreed production dates, the total project fee, or the final project fee.

Keyy Productions' proposals and quotes are valid until the date of expiry noted on the document. After this date the proposal or quote expires and Keyy Productions reserves the right to:

    •    Cancel the proposal or quote.

    •    Issue a new proposal or quote.

    •    Amend the pricing stated on the proposal or quote.

    •    Revise availability and scheduling.

 (Contact Keyy Productions if you wish to reconsider an expired proposal).

 

Pre-Production + Production

Keyy Productions will begin pre-production on your video (or photography package), once the following has been fulfilled:

    •    You accept and sign the proposal or quote, before the expiry date specified.

    •    We issue an invoice for a non-refundable booking fee of 50% of the total project fee.

    •    We have received your booking fee payment.

 

You will work with us to plan the production dates.

    •    The production dates will be finalised within 7 days of receiving your booking fee payment.

    •    You must notify Keyy Productions during the initial consultation if the intended shoot is to take place outside of regular business hours, being 9am-5pm, prior to Keyy Productions providing a quote for this project.

You agree to arrange locations, spokespeople, content and props as required and outlined in the pre-production consultations. 

    •    You will begin your arrangements as soon as the scheduled production dates are finalised.

    •    Equipment hire, actor hire and location hire are not covered by Keyy Productions, unless otherwise stated in the proposal or quote provided. If you wish for Keyy Productions to source equipment, actors or locations for the project, you must inform us in writing, prior to the quote being issued. If it is apparent during pre-production that these costs are necessary or essential, additional fees will be discussed with you.

    •    A fee of $110 + GST per hour will be incurred for time spent by Keyy Productions in sourcing equipment, actors and location, if you do not meet your agreed pre-production responsibilities or if you request that Keyy Productions make these arrangements after the proposal or quote has been issued and accepted.

    •    If hired actors are required for additional shoot days, other than their originally agreed shoot times, they will be owed an additional fee, as agreed upon by you and Keyy Productions.

Additional fees may be incurred throughout the production period.

    •    Additional filming time will incur a fee of $220 + GST per hour.

    •     Additional editing time will incur a fee of $165 + GST per hour.

    •     A travel fee of $55 + GST will be incurred for shoot locations outside of a 30km radius of the Sydney CBD.

    •    The cost of paid parking may be included in the initial proposal, or will be added to the final project fee.

    •    Any additional fees incurred for pre-production or productions activities, following the issue of and acceptance of the proposal or quote, will be discussed and agreed upon by both parties.

 

Communication

You agree to choose one contact person (as the primary contact) within your organisation to discuss the project with Keyy Productions. 

    •    We will only accept input, feedback and comments from the primary contact.

    •    All input, feedback and comments from other people in your organisation will be channelled through the primary contact.

    •    All feedback and adjustment requests will be sent to Keyy Productions in one email. Feedback and adjustment requests will not be accepted in any other format.

    •    You will reply to email & phone correspondence within 3 working days.

    •    You agree to be available for phone correspondence in the business week/hours prior to a scheduled production date.

 

Rescheduling + Cancellations 

Client Cancellations & Rescheduling 


 In the case that you reschedule any scheduled production date/s:
    •    You will call us at least 5 business days in advance to reschedule to another date.
    •    You will cover all of the costs associated with rescheduling, including but not limited to equipment hire & pre-booked travel.

 

If notification of cancellation or rescheduling is given with less than 5 business days notice:
A $55 + GST fee will be charged for every hour of previously scheduled shoot time that requires rescheduling or cancellation.

If notification of cancellation or rescheduling is given with less than 24 hours notice:
A $165 + GST fee will be charged for every hour of previously scheduled shoot time that requires rescheduling or cancellation.

In the case that you cancel the entire project:
    •    Your booking fee covers the pre-production and project administration fees, and will not be refunded. 
    •    If total project cancellation is made by you within 5 business days prior to the first scheduled production date, a cancellation fee of 10% of the total project fee, in addition to the non-refundable booking fee, will be owed.
    •    If total project cancellation occurs any time after production activities have commenced, the total project fee is owing and is to be received by the due date specified on the final invoice.
    •    If total project cancellation occurs any time after commencement of post-production activities, the total project fee is still owed and is to be received by the due date specified on the final invoice.
    •    You are not entitled to any scripts or raw footage created during this engagement. The use of any material created by or with Keyy Productions is prohibited. 
 

Hire Costs
    •    If project cancellation or rescheduling occurs and a hire charge is incurred, this charge will be added to the total fee owing by you. This includes equipment, actor, car and location hire as well as travel fees. 
    •    If project rescheduling occurs within 5 business days of the scheduled production date, any actors engaged in production will be financially compensated by you, with 50% of their agreed initial fee.
    •    If project rescheduling occurs within 24 hours of the scheduled production date, any actors engaged in production will be financially compensated by you, with 80% of their agreed initial fee.


 

 

Wet Weather

    •    If you wish to cancel or reschedule production activities in anticipation of inhibiting weather conditions, you must inform Keyy Productions. For production activities commencing before 12:00pm, Keyy Productions must be informed of the desire to reschedule or cancel by 5:00pm on the afternoon prior to production. For production activities commencing after 12:00pm, Keyy Productions must be informed of the desire to reschedule or cancel by 9:00am the morning of scheduled Production.

    •    Hire policies (noted above) apply to wet weather cancellations or rescheduling.

 

Keyy Productions' Cancellations 

If Keyy Productions reschedules a scheduled production date:

    •    We will contact you to reschedule the production day around your availability.

    •    Any costs associated with rescheduling will be covered by Keyy Productions. 

If Keyy Productions totally cancels the project:

    •    We will refund your booking fee and total project fee, if applicable.

If Keyy Productions cancels a portion of a package project:

    •    The cost of that portion will be refunded in total. Work completed or ongoing will be owing by you.

If Keyy Productions totally cancels the project due to a technical issue or forces beyond human control:

    •    We will refund your booking fee.

    •    You agree to not submit damage claims and not undertake any legal action against Keyy Productions. 

 

Production Timeline

The following is required in order for the timeline to be adhered to:

    1    You agree to cooperate with us to schedule and prepare for production, and adhere to the agreed dates.

    2    You agree to reply to email & phone correspondence within 3 working days.

    3    You agree to be available for phone correspondence in the business week/hours prior to scheduled production dates.

    4    If communication is not maintained certain production decisions may be made by Keyy Productions.

    5    You are permitted to request any known additional work on a project, that exceeds the original proposal or quote. We will send you a sub-quote, which, if accepted by you, will be added to the final project fee. If the project is cancelled by you, prior to commencement of production activities, 60% of the sub-quote will be charged, along with the initial non-refundable booking fee for the total project. In this instance, we will send you an invoice for 60% of the sub-quote total, which will be due by the date specified on the invoice.

 

Preview Link + Feedback for Video

We will send you a preview link containing a preview edit of the video/s for your feedback and adjustment requests, up to 14 days after the final production day. All subsequent preview edits will be sent within 7 days of receiving your feedback requests. Once the preview edit has been approved by you, Keyy Productions will send the final payment invoice. The finalised high-resolution video files will be delivered once final payment has been received.

 

Photography

Please note: we do not specify a specific number of photos that we will deliver. We will always favour quality over quantity. You can typically expect between 50 - 100 photos per completed hour, however this number is a guide and the end number may vary.

We will deliver your high resolution photo album within 14 days of your shoot. The final payment invoice is to be finalised before the delivery of your finalised images. Please note: Delivery of photos is via digital copies of the photos, no printing included.

Photography Editing

Our photography packages do not include extensive corrective editing including removing skin blemishes, altering body composition etc. Additional editing fees are required for this service.

Project Feedback (video only)

Keyy Productions will provide you with a preview link of the project for you to give feedback + adjustment requests.

    •    The preview link will be sent within 14 days from the final production date. If a delay is anticipated we will inform you immediately.

    •    Subsequent edits will be sent within 1 week of receiving your feedback + adjustment requests.

    •    You are required to deliver feedback within 1 week of receiving the preview link. 

    •    Adjustments to the project based on your feedback will be completed within the guidelines as stated in the proposal or quote.

    •    Additional adjustments beyond that stated in the proposal or quote will incur an additional fee. We will advise you of any additional costs and will undertake this work once we receive approval from you. Additional costs will be added to the final project fee. 

    •    The project will be finalised and ready for final delivery, once you have approved the preview edit.  

 

Final Payment

You agree to make the final payment, as specified on the final payment invoice, once the final preview edit has been approved, and prior to receiving the finalised high-resolution video or photography files.

    •    We will send you the final payment invoice you once you have approved the preview edit.

    •    Once we receive your final payment we will deliver the finalised high-resolution video or photography files to you. 

    •    You agree to make the final payment by the due date specified on the invoice.

    •    Full project payment is to be received within 60 days of production commencement, or before delivery of the finalised video or photography (whichever comes first).

    •    A late payment fee of 10% of the total project fee (including any additional fees) will be incurred if final payment has not been received by the due date specified on the invoice. 

    •    An additional 10% fee will be incurred every 7 days, from the first day that the final payment becomes overdue.

    •    In the event of a client delay in the way of providing feedback requests, or organising an additional shoot in conjunction with the initial shoot, full payment must be received within 60 days of commencement of production, regardless of whether the videos or photographs have been finalised. This also applies to packages - full payment is to be received 60 days following the commencement of production, regardless of any remaining videos in the package yet to be filmed.

    •    You are not permitted to use any project content online or offline until final payment has been submitted.  

 

Content Usage

    •    Keyy Productions does not allow footage filmed by other organisations or individuals to be featured in the project content, unless otherwise agreed upon by us.

    •    You do not have the right to any of the raw footage or photos created by Keyy Productions.

    •    Content created by Keyy Productions is not to be edited, altered or manipulated by any individuals or organisations.

    •    If you wish to use still images from video content made by Keyy Productions, they must not be altered in any manner and the image must clearly be credited to Keyy Productions stating “Image from Video Content by Keyy Productions". These still images may only be taken from the finalised video sent to you after final payment has been received. Stills from preview edits are not to be used in any manner. 

 

Copyright

Audiovisual Content Supplied by the Client 

Prior to supplying audiovisual content to Keyy Productions, you are responsible to verify: 

    •    Ownership of the rights to reproduce the supplied content. 

    •    If any of the supplied content is copyright protected.

Audiovisual Content Supplied By Keyy Productions

We source content and guarantee that all copyright related expenses or credits are covered within the proposal of your project.

Copyright Ownership of Finalised Project 

Unless otherwise specified, the creative copyright of the produced content remains property of Keyy Productions. You may not use any of the supplied previews edits online or offline. 

Upon receipt of final payment from you: 

    •    You are granted a user license without any restrictions.

    •    You have the right to use your finalised high-resolution videos and photography online and offline and to transfer it to any other digital format without any restrictions.

    •    You are not permitted to edit or manipulate the finalised project in any manner.

 

Promotional Use

    •    We have the right to use any finalised video or photography for promotional use in the public domain. This includes digital portfolio, websites and social media pages.

    •    We may request that you send us a high resolution file of your logo to be used on the Keyy Production website. 

    •    You are to inform Keyy Productions if any content is confidential and we will not use it in the public domain. 

 

Talent Release Forms

You are responsible for verifying that any person involved in the filming has agreed to be recorded. You will gather the approvals using your organisation’s procedures for interviewees, actors or anyone on site during filming. We strongly recommend your organisation uses a Talent Release Form.  

 

Filming + Photography  Permission

It is your responsibility to ensure that all permits and licences are acquired before filming or taking photos in public + private locations. Keyy Productions does not take responsibility for this or any fees associated with hire, fines or costs due to location problems. If rescheduling or cancellation occurs, Keyy Productions' Rescheduling + Cancellation policy occurs.  

Keyy Productions is committed to a policy of creating content that does not discriminate on account of ethnicity, age, sexuality, gender, physical or mental disability, or religion. We will enforce this policy and uphold the right to refuse or alter projects containing discriminatory content. 

Just to be clear.

  1. Total Project Fee the total fee that you owe to Keyy Productions as stated in the quote, including any additional costs added due to additional work or additional fees, as stated in the Terms + Conditions.

  2. Final Project Fee the final fee that you owe to Keyy Productions, including any additional work or fees, prior to delivery of finalised videos or photographs.

  3. Non-Refundable Booking Fee 60% of the total project fee, as stated in the quote, which will be paid to Keyy Productions prior to pre-production.

  4. Proposal a detailed document provided by Keyy Productions which outlines potential project descriptions, details and costs. This document is made with information provided by you, and discussed during the initial consultation meeting. This document describes the production elements required and the estimated of production time for Keyy Productions.

  5. Quote the document provided by Keyy Productions that states the total cost for the project. This document describes the production elements required and the estimated of production time for Keyy Productions. This document is to be accepted in writing (via email) in order for Keyy Productions to commence work on the project.

  6. Initial Consultation Meeting an initial meeting between you and Keyy Productions to discuss a potential project. During this consultation, Keyy Productions will gather all the necessary information in order to provide you with an accurate proposal or quote.  

  7. Pre-Production Consultation meetings and correspondence between Keyy Productions and you in order to establish production dates, project contents and production elements.  

  8. Scheduled Production Dates scheduled dates agreed upon during pre-production where Keyy Productions and/or the client engages in production activities. This includes filming, audio recording and editing.

  9. Post-Production the compiling + editing of audiovisual material, including adjustments requested by you, following the preview edit.

  10. Rescheduling the change of any agreed-upon scheduled production dates.

  11. Total Project Cancellation the termination of any further production labour or consultations. The project will not be completed, nor will any audiovisual content or script be delivered to the client. 

  12. Preview Link an online link featuring a preview edit of the video, containing a time-code. This is provided to you during post-production in order for you to provide feedback + adjustment requests, and for Keyy Productions to make adjustments to the project.

  13. Project Feedback any feedback, comments, requests or enquiries made by the client in response to viewing the preview edit. The guidelines and limits for this feedback, in terms of time spent re-editing parts of the video, will be stated in the quote.

  14. Adjustments any adjustments made to the video, following delivery of the preview edit.

  15. Finalised Video the final content and structure of the video - this is the video in its final form to be delivered to the client. Upon receipt of the final project fee, the finalised video will be delivered and the project is complete. 

  16. Final Delivery the finalised video s or photodelivered to the client in a digital format agreed-upon during pre-production.

  17. Production this includes photography, filming, shoot days, editing and audio recording. 

 

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