These Terms and Conditions (“Agreement”) set out the terms between Avodah Photo + Cinema Ltd (“the Creator”) and the client (“the Client”) for the provision of creative services, including but not limited to photography, videography, design, and website development.
1. Permissions and Releases
The Client warrants that all materials supplied to the Creator for inclusion in any project have the necessary permissions, licences, or releases. The Client agrees to indemnify and hold harmless the Creator against any claims, damages, or expenses arising from the use of such materials without proper authorisation.
2. Copyright and Usage
The Creator retains copyright to all work produced. The Client is granted a licence to use the supplied media for the purposes agreed upon in writing. Any additional usage outside the agreed scope requires prior written consent from the Creator.
2.1. Preliminary Works
The Creator retains all rights in and to all Preliminary Works. The Client shall return all Preliminary Works to the Creator within thirty (30) days of completion of the project and all rights in and to any Preliminary Works shall remain the exclusive property of the Creator.
2.2. Copyright Usage
The rights granted to the Client are for the usage of the Final Work in its original form only. The Client may not modify the Final Work.
2.3. Promotional Use
The signing of this contract by the Client constitutes a commercial model release by the Clients to the Creator. The Creator will have the right to make reproductions included but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release.
3. Client Responsibilities
The Client agrees to:
- Provide clear instructions, feedback, and decision-making in a timely manner.
- Supply all necessary copywriting, content, and approvals.
- Cooperate during sessions and provide access to relevant locations and subjects.
The Creator is not responsible for missed content or delays resulting from the Client’s lack of cooperation or late provision of materials.
4. Media Management and Storage
During the project, all data is securely stored with multiple backups. Upon project completion, the Client may choose from the following storage options:
- Accessible Data: Media files are stored for easy access, suitable for clients needing regular content updates. This option is charged at $66 per terabyte per month (GST inclusive).
- Secured Archive: Media is stored securely but is not readily accessible, ideal for clients unlikely to use the footage soon. This option is charged at $35 per terabyte per month (GST inclusive), with a retrieval fee of approximately $450 (GST inclusive).
5. Services and Revisions
- Two preliminary revisions are included in the quoted fee. Additional revisions or changes in project scope will incur extra charges at the Creator’s standard rates.
- The Creator is not liable for errors in proofs, designs, or websites that have been approved by the Client.
- Unless otherwise arranged, a link to The Creators website will appear in small writing at the bottom of the Clients website.
6. Delivery Times
Standard turnaround times are as follows:
- Photography: 5–15 working days
- Videography: 15 working days
- Publication Design: 5–7 working days
- Website Development: 4 months
- Content Creation: 14–21 working days
Any changes to these timeframes will be communicated in writing.
7. Liability for Design and Website Services
7.1 Limitation of Liability
While the Creator endeavours to provide services with reasonable skill and care, the Creator shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to the use or inability to use the delivered design or website. The Creator’s total liability for any claim, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client for the specific service giving rise to the claim.
7.2 Client Review and Approval
The Client is responsible for reviewing all deliverables, including but not limited to designs, websites, and proofs, prior to final approval and publication. The Creator is not liable for errors, omissions, or issues that are present in materials approved by the Client.
7.3 Corrections and Warranty
The Creator offers a correction period of thirty (30) days from the date of delivery or launch of the design or website. During this period, the Client may request reasonable corrections to address errors or omissions attributable to the Creator. Corrections requested after this period, or those resulting from changes in the Client’s requirements, will be billed at the Creator’s standard rates.
7.4 Third-Party Services and Integrations
The Creator may utilise third-party services, plugins, or integrations as part of the design or website. The Creator is not responsible for the performance, security, or continued availability of any third-party services, nor for any issues arising from their use.
7.5 Force Majeure
The Creator shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or interruptions in internet or hosting services.
8. Website Maintenance and Updates
8.1 Ongoing Maintenance
Unless otherwise agreed in writing, the Creator is not responsible for the ongoing maintenance, updates, or management of the Client’s website after delivery or launch. Over time, website software, themes, plugins, and programming languages may become outdated or unsupported, which can result in functionality issues, security vulnerabilities, or incompatibility.
8.2 Responsibility for Issues
The Creator shall not be liable for any issues, errors, or losses that arise due to outdated software, changes in website programming languages, or third-party theme or plugin updates after the website has been delivered to the Client.
8.3 Maintenance Services
For an additional fee, the Creator can provide ongoing maintenance and update services to help keep the website, themes, and plugins current and functioning as intended. These services must be agreed upon in a separate maintenance agreement or contract.
8.4 Client Responsibility
It is the Client’s responsibility to ensure that their website is regularly maintained and updated, either by themselves or by engaging the Creator or another qualified provider.
9. General Terms
9.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.
9.2 Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter amicably through negotiation. If a resolution cannot be reached, the dispute may be referred to mediation or arbitration in accordance with New Zealand law.
9.3 Payment Terms and Termination
Payment terms, late fees, and the right to terminate services for non-payment or breach of agreement are as specified in the project proposal or invoice. Upon termination, the Client shall pay for all work completed up to the date of termination.
9.4. Estimates + Quotes
All estimates and quotes are valid for 30days. All prices exclude GST unless otherwise stated.
9.5. Payment Schedule
Terms of payment is NET14, unless otherwise arranged. A one and one half (1.5%) monthly service charge will be billed against late payments. For projects over $2,000, The Creator will require a 50% deposit to be paid before the project can commence.
Grant of copyright is conditioned upon receipt of final payment, and upon the Client’s compliance with the terms of this agreement.
9.6. Additional Costs
The above mentioned Client shall pay the Creator for all extra costs that the Creator may have for travel, meals, and parking in addition to all other reasonable and customary costs in order to complete this stated contract. Additional project work above the quote price will be charged at our standard hourly rate.
9.7. Cancellation Fees
In the event of cancellation, the Creator will be compensated for services performed through the date of cancelation in the amount of a prorated portion of the fees due. The above mentioned extra cost retainer (if applicable) is non-refundable if the Client does not show or changes the session. If the Creator does not appear at the agreed location and time specified above, the retainer shall be refunded in full to the Client.