In these terms and conditions, unless the context otherwise requires:
Client means any individual who acquires Roache’s services wholly or predominately for personal, domestic or commercial use. Client means any person or entity requesting Roache to provide Services.
Roache means Roache Productions Pty Ltd (ACN 006 325 524) at PO Box 33, Ferny Hills DC, Queensland, 4055.
Agreed Fees means the fees estimated by Roache in any quotation once accepted by the Client.
Rental House means any additional equipment outside of our stocked equipment that needs to be hired.
Raw Footage / Vision means master footage recorded by Roache Productions as part of provision of the Services.
Services means video production and/or post production services.
Master means final deliverable given to Roache clients.
Revision Round refers to when a client wishes to make changes to a project after a final product is produced by Roache for approval.
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Roache with any client in relation to the provision of Services by Roache.
All work carried out by Roache is on the basis that the Customer has agreed to these Terms and Conditions.
Quotations / Estimates
Quotations / Estimates
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate or daily rate, depending on what kind of service offered. One round of client changes and/or revisions is included in each quotation.
If the client instructs Roache that significant changes and/or revisions to the scope of the Services described in a quotation are required then Roache shall be entitled to charge an additional Agree Fee based on a further quotation.
The quotation remains open for acceptance for up to twenty one (21) days from the date of issue. Roache may withdraw a quotation at any time. The Client can accept a Quotation by writing to Roache Pty Ltd in written form, either via email or post.
If the Client accepts Roache’s quotation, Roache will issue a Production Schedule setting out the following details:
Once the Client accepts the Production Schedule and pays the specified 50% payment referred to in paragraph d. Roache will begin providing the Deliverables in accordance with the Production Schedule. To the extent of an inconsistency between these Terms and a Production Schedule, the Production Schedule prevails.
Any quotation that Roache gives is based on the information that was provided to Roache at the time of quotation.
If that information is later found to be inaccurate or there is a change to the nature or scope of the Deliverables or if circumstances change, Roache may charge an additional amount calculated on a time and materials basis at Roache’s standard scale of charges.
Payment terms will be set out in the relevant quotation issued by Roache to the client. Where payment terms are not set out in the relevant quotation:
Except to the extent agreed in writing by Roache, all intellectual property rights relating to any footage, graphic design, animation or other creative artistic work provided to the Client by or on behalf of Roache pursuant to these Terms the “Intellectual Property” remains the property of Roache. Roache may display its own copyright and intellectual property notices on any Products and the Client must not, remove, obscure, deface or alter such copyright and intellectual property notices. Roache may also choose to re-license or exhibit any creative work produced.
Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by these Terms. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under these Terms. However this obligation will not apply to information which: (a) was in the public domain when it was provided to a party, or later enters the public domain, through no fault of the party; or (b) the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.
Terms & Termination
Terms & Termination
Either party may terminate the agreement under a Production Schedule or these Terms generally, if the other party:
On termination of an agreement under a Production Schedule or these Terms, Roache is entitled to invoice the Client for all Deliverables provided or in the process of being delivered but not yet invoiced, including Products ordered for the Client but not yet delivered and invoiced (unless the Products can be returned to their supplier for a refund without cost or penalty). If any amount payable under these Terms remains unpaid 30days after termination then, without prejudice to Roache’s other rights, all licences granted to the Client for which payment has not been received shall automatically terminate, and Roache may retake possession of any unpaid products.
The Client’s obligations including any obligations to indemnify Intellectual Property and each party’s obligations under Confidentiality and this clause survive the termination of any agreement under these Terms for any reason.
Data wrangling, data integrity & storage
Where possible, Roache enforces dual or tri-redundancies for all project critical data after data is taken from a shoot while a project is active. This is generally considered to be an active project drive which is backed up daily to a a RAID-5 server which is then backed up to the cloud. While all due care is taken to ensure data integrity is maintained, Roache is not liable for any data loss or any impact caused by data loss. When a project is complete, all project files are stored on a single redundancy cold storage drive for twelve (12) months by Roache. After this period, data may be removed at Roache’s discretion.
BY-ND Creative Commons use of creative works
Where applicable, third parties or work that is (but not limited to) for charity, trade for promotion, spec may distribute works produced by Roache under the following provisions:
- Any use of vision or photography is pre-approved by us via email only (email@example.com) before publication (absolutely no exceptions).