TERMS AND CONDITIONS
Governing all sales and services from 1st July, 2019

Barnes Family Trading Co. Pty Ltd T/A Colossal Studios
ABN 69 164 123 442
5 Effron Court, Frankston VIC 3199
0400 708 477
contact@colossalstudios.com.au

1. The following terms and conditions (these terms) apply to the supply of creative, video production and/or photographic services including but not limited to hiring of technical equipment and/or decorative items (Services) by Colossal Studios (us, we, our) either in our own production studio, or at an alternative location (Venue).

Proposal for Service
2. A written advice of the proposed charges in respect of the Services requested by you in the form of a quote or proposal (Quote) will be provided to you. The Services will be provided only if you notify us in writing that you accept the Quote (Notice).
3. If we do not receive a Notice from you within 30 working days after the date of the Quote, then the charges set out in the Quote (Charges) are subject to change.
4. Services are subject to availability. If when receiving a Notice from you, we are not in a position to provide the Services requested, we are under no obligation to provide those Services and may elect to offer to provide you with a revised Quote for some of the Services requested if you require it.
5. As soon as a Notice is received from you and we confirm that the Services requested can be provided, the Quote together with these terms (the Agreement) will comprise a legal agreement which can be relied on by us.
6. Proposals and invoices issued by Colossal Studios are quoted in Australian Dollars (AUD) unless otherwise indicated. Each quotation or proposal will detail the limit and the scope of a project. Change requests not covered in the project brief or creative proposal, or any additional request for design, production or miscellaneous work not covered in an existing or proposed agreement will incur additional fees, which will be carried out at the original rate specified in the original proposal or quotation. Colossal Studios will notify clients as to the inclusion of change requests with the existing work orders, or whether work falls outside of the scope and will incur additional charges. Colossal Studios will notify clients before proceeding with any such work outside of scope.
7. Amends & Extensions requested that extend the scope of this project, or changes requested outside of time-frames scheduled will require an extension to the time-frame and costs of this project. Colossal Studios will amend any typographical errors, mistakes or technical issues arising from our direct work up to and until it is signed off.
8. Colossal Studios extends to our clients a review and approval process, by which all text, images, and works are assessed and approved by our clients. Further work may not commence, and final products will not be publicly released until approval is given. Colossal Studios takes no liability for damage to business or reputation for works once approval has been given, spoken or written, on any piece of work.

Charges
9. The Charges may change if you change the date or times for your event or video production schedule, if you require additional or different Services to those set out in the Quote, if you alter the creative brief, if we both agree to a change for any reason, or as set out in these terms.
10. If you require and we provide additional Services to you which are not detailed in the Quote, then additional charges (Additional Charges) will apply at our applicable standard rates and at our discretion a late change fee for changes made less than 120 hours before the commencement of your event, Production or Post-production day may also apply. In these terms further references to "Services" includes Additional Services and further reference to "Charges" includes Additional Charges.

Payment Schedule
11. Upon written or electronic acceptance of any quote: 100% of Pre-Production costs will be invoiced and are payable before the commencement of work. Additionally, before Production begins, Colossal Studios requires 100% of the Production phase to be paid. The remaining Post-Production payment is payable upon completion, publication, broadcast, launch of the project or pre-determined date set out during Pre-Production - whichever occurs first.
12. Terms of trade are fourteen (14) days from the issue of each invoice - unless work is required to commence earlier. Payment options are listed on the invoice. Colossal Studios reserves the right to apply a late fee for late or non-payment of accounts which are overdue.

Rights Reserved for Overdue Accounts
13. Colossal Studios also reserves the right to suspend services should timely payment not be received after the issuance of an invoice from Colossal Studios to a client, and after a reasonable request for payment and warning of suspension of such services has been made. Any costs associated with obtaining payments for overdue accounts, including costs incurred from external companies towards accounts receivable will be charged in addition to overdue accounts.

Data Storage
14. All client projects will remain active until completion, after which data will be archived at Colossal Studios discretion – unless alternative plans have been made during Pre-Production.

Cancellation
15. If you cancel the provision of services 5 days (120 hours) or less prior to the scheduled commencement date (Production day) then a Cancellation Charge will apply.
19. Where the project is not yet in Pre-production, Cancellation Charge will be defined as 50% of pre-production costs, or $500+GST, whichever is higher. Where the project is in the Pre-production stage, then the Cancellation Charge is defined as 100% of Pre-production quoted amount, plus 50% of Production quoted amount. Where the project is in Production stage, then Cancellation charge is defined as 100% of outstanding invoices, 100% of Production quoted amount, plus 50% of Post-production quoted amount.
16. In addition to the Cancellation Charge, you must also reimburse any expenses incurred by Colossal Studios in preparation for the provision of the Services including but not limited to Pre-production Costs not already paid.

Insurance
17. Our policies of insurance apply only in relation to our provision of Services and do not provide any insurance cover for you, your production or for your event. You are responsible to effect and maintain your own insurances, including but not limited to public liability and property damage insurance.

Service Delivery
18. We reserve the right to withdraw our Services if yours or a third party's plans are altered or the operating environment changes to such an extent as to breach our policies regarding safe work practices for our employees or subcontractors, or any applicable Occupational Health & Safety standards.
19. You must permit or obtain permission for us to enter any premises where Production is to occur, and you must provide all reasonable assistance to enable us to provide our Services.
20. To the extent permitted by law, you acknowledge that in requesting the Services from us, you are not relying upon any representation, promise or undertaking made by us or on our behalf except as expressly made in writing in the Agreement. However this clause will not apply so as to exclude any statutory guarantee which applies to our supply of Services which is not permitted to be excluded at law.
21. We are only liable to provide our services to you on dates and times agreed upon in a formal written schedule, to be developed during the Pre-production period. Before the development of the schedule, no dates or times will be considered reserved for your event or Production and Colossal Studios is not liable to provide services for these dates or times.

Privacy Policy
22. We recognise the importance of your privacy and understand your concerns about the security of the personal and business information you provide to us. We comply with the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth) and the Information Privacy Principles (IPPs) as contained in the Information Privacy Act 2000 (Vic).

Intellectual Property and Materials
23. The Services do not include us obtaining any licence or consent from any third party for use of any intellectual property including any copyright, design, trade mark, rights in or to play music or film, or in any graphic, printed or other material or media of any kind (IP) or use of any confidential information in any way used at or forming part of your event and you must obtain and you warrant that you hold all necessary licenses (including music licenses) and approvals.
24. All IP created or produced by us or our suppliers or on our behalf for or in connection with your Production including music, creative concepts, graphics, photos, motion picture recordings, sound recordings, scripts and styling will remain our exclusive property and you will not acquire any rights to it.
25. Where Our Provision of Services involves Video Recording (Footage) and/or editing of the footage (Video Editing), our standard included license of the footage to you covers use of the final edited piece only, for distribution worldwide via the Internet or public display only, for an unlimited timeframe. You are still responsible for ensuring that all third party material used in the Video Editing Process is properly licensed for this use. Rights for use of our Footage in Television Broadcast programs and commercial release or access to our raw Footage should be negotiated at the time we provide a Quote. At no time does the provisioning of any recording or editing service to you include the right to use the original raw recordings.
26. Without limiting our rights, you agree we can use photographs and images we take of your event, or Production, and other material we create or provide (all Materials) during every stage of the Production, for our promotional purposes including as examples of our work and in any brochure, newsletter, manual, reqport, website or other media, and such use may include your corporate name or other IP as it appears in the Materials, without liability or compensation to you and we may also alter the Materials as we determine including to remove your name or other IP, without your prior approval.
27. Intellectual Property Rights for works created: full and exclusive copyright and IP for created works will reside with us until full payment of any invoiced amounts to you the client are received. No usage, digital, physical or otherwise, for created works is permitted until clearance of payment, at which point we grant full, complete and exclusive Intellectual Property rights to the commissioned work. We reserve the right to display concepts and final artwork as a portfolio reference on our website and in industry, award or reference publications or sites.

Music Licensing
28. Where Music Licensing is required to be obtained by Colossal Studios it will be licensed through third party providers and becomes our property.

Equipment Generally
29. In relation to any Equipment provided as part of the Services you acknowledge that Equipment remains our property at all times and that:
a. you are fully responsible for any theft, loss or damage to any of the Equipment which you or your staff, agents, contractors, invitees or users cause;
b. you must reimburse us within 7 days of written demand at our election:
i) the cost incurred by us of repairing damaged Equipment; or
ii) the full new for old replacement cost, including all taxes or duties and all additional expenses incurred by us on replacement, of Equipment that is lost, stolen or determined by us to be irreparably damaged; for any damage, loss or theft you are responsible for under these terms.

Risk and Responsibility
30. Notwithstanding any other provision of these terms, and to the extent permitted at law, we will not have liability for any failure, default or delay caused by you or anyone providing anything for you, or by reason of any matter outside our reasonable control including any strike, lock out, industrial dispute, act of terrorism, sabotage or any natural or other cause or act of God.
31. To the extent permitted at law, all conditions, warranties and guarantees implied into the Agreement or imposed by statute are excluded, and all and any liability by us for any indirect or consequential loss or damage (including any loss of income, revenue, opportunity, data, profit and/or saving) and/or for any exemplary, special and/or punitive damages, arising in any way in connection with the Agreement, its subject matter and/or our provision of or failure to provide the Services, whether under contract, in equity, negligence or other tort, statute or otherwise, is excluded.

Liability
32. To the extent we have any liability under any implied or statutory condition, warranty or guarantee which cannot be excluded, to the extent permitted by law we limit such liability at our option to:
a. in the case of goods supplied by us to: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired;
b. in the case of services supplied by us to: (i) supplying of the services again; or (ii) payment of the cost of having the services supplied again.
33. If you materially breach any term of the Agreement then without prejudice to any other rights we may have, we may at our option immediately suspend provision of the Services and retrieve any Equipment, and all unpaid Charges will be immediately due and payable.
34. You agree to indemnify us from all loss, cost, expense, damage and/or liability (Harm) we suffer or incur arising in connection with your Production, or our provision of any of the Services to the extent it is caused by the negligent, wilful or wrongful act or omission by you, or any of your staff, agents, contractors, users or invitees or by your breach of the Agreement.

Dispute Policy
35. Should any dispute arise, the parties must endeavour to settle it in connection with the Agreement/Quote by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute, or the Chair’s designated representative.
The Resolution Institute Mediation Rules shall apply to the mediation.
It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.

General
36. You warrant that you and the person(s) signing the Agreement for you are entitled and authorised to enter into the Agreement.
37. You must not assign or otherwise deal with any of your rights or obligations under the Agreement.
38. If we are liable to pay Goods and Services Tax (GST) in respect of any supply we make in order to provide requested Service to you, you must pay the amount of the GST payable on that supply and we will issue you with a tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
39. The Charges are subject to change before the Agreement is made, or as specified in the Agreement and are quoted in Australian dollars unless otherwise indicated in the Quote.
40. The information provided by you to us may contain your personal information. The purpose for which the information is collected is to enable us to consider your information, provide the Services and protect our interests in the Equipment and you consent to us collecting the information for these purposes and agree that we may give personal information about you to third parties, including without limitation to our contractors and agents, for those purposes. You are generally entitled to gain access to the information.
41. These terms are subject to the provisions of any applicable statute which cannot lawfully be excluded including the Competition and Consumer Act 2010 and if any of these terms is, or becomes wholly or partially void, invalid or contrary to applicable law, then that term will to the extent that it is invalid, void or contrary to law, be severed without affecting the enforceability and validity of any other part.
42. In the interpretation of these terms, no rules of construction will apply to our disadvantage on the basis that we put forward these terms or any part, the words “including” and “includes” will not be construed as words of limitation, headings do not affect interpretation, reference to a clause is to a clause of these terms, and a word importing the singular includes the plural and vice versa.
43. The laws of Victoria govern this Agreement. Each party submits to the exclusive jurisdiction of the court of the State of Victoria in connection with the matters concerning this Agreement.
44. Our websites, including websites operated by us under various trading and brand names, aim to be as accurate as possible concerning service pricing and availability, however it is only a guide and we will not be liable or held accountable for incorrect information that exists on our website.
45. We may vary these terms from time to time however we will not vary them after an Agreement has been made in relation to that Agreement except as expressly permitted under these terms.