Terms of service.

Please Read Carefully

1. DEFINITIONS

In these terms and conditions, unless the context otherwise requires:

1.1 **Consumer** means any individual who acquires Kumo Connect's services wholly or predominantly for personal, domestic, or commercial use.

1.2 **Customer** means any person or entity requesting Kumo Connect to provide Services.

1.3 **Kumo Connect** refers to Kumo Connect, a videography business specializing in social media content.

1.4 **Agreed Fee** means the fees estimated by Kumo Connect in any quotation once accepted by the Customer.

1.5 **Materials** means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props, and equipment provided by the Customer to Kumo Connect for the purposes of supplying the Services.

1.6 **Raw Footage** means master footage recorded by Kumo Connect as part of the provision of the Services.

1.7 **Services** means video pre-production, production, and/or post-production services.

2. APPLICATION

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions, and dealings entered into by Kumo Connect with any Customer in relation to the provision of Services by Kumo Connect. All work carried out by Kumo Connect is on the basis that the Customer has agreed to these Terms and Conditions.

3. OWNERSHIP

3.1 The raw footage is not provided to the Customer unless agreed otherwise in writing. The Premiere Pro timelines, After Effects, Photoshop, Final Cut, Audition are Kumo Connect’s intellectual property and are not supplied.

3.2 The Raw Footage, video files, audio files, and edited video files, including all copyrights, remain the property of Kumo Connect until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, Kumo Connect reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional, or commercial purposes. Copyright in all video, images, audio, lyrics, or musical composition included or recorded in the edited video or recorded by equipment used by Kumo Connect will remain the property of the author or legal entity owning the copyright.

4. SPECIAL PROVISIONS FOR OWNERSHIP

Kumo Connect reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Kumo Connect. Kumo Connect has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Kumo Connect and the Customer. The copyright of such segments will belong exclusively to Kumo Connect.

5. BACKUPS

Kumo Connect does not keep backups of your project after completion.

6. DISPOSAL

Raw Footage, video files, audio files, and edited video files will be retained for up to three (3) months only and will then be disposed of, deleted, or erased. If at the end of three (3) months Services have not been paid for, Kumo Connect reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials, and finished works.

7. STAGNATING PROJECTS

Any estimate of the date by which Kumo Connect will complete any part of the Services is contingent upon the Customer providing complete instructions to Kumo Connect and fully cooperating with Kumo Connect until Kumo Connect has ceased providing Services to the Customer. The Customer must appoint a person who has complete authority to provide instructions to Kumo Connect and respond to requests for feedback until Kumo Connect has ceased providing Services to the Customer. The person appointed must be available to respond to communications from Kumo Connect on every business day.

After 1 month of inactivity from the Customer, Kumo Connect will invoice for file storage, at a cost of $150 + GST per 500Gb (or part thereof), per business week of inactivity (or part thereof).

Projects that do not progress due to a lack of activity from the Customer will be disposed of, deleted, or erased after three (3) months of inactivity or non-payment of file storage fees on the first invoice due date.

8. RAW FOOTAGE

If the Customer requires any Raw Footage to be provided, then the Customer must pay Kumo Connect an additional fee.

9. FILMING ON LOCATION

A day of filming includes up to 2 hours of travel (to and from the location) and up to 8 hours on location. Production time starts from the moment our vehicle arrives at the location. Overtime starts after 8 hours and is calculated at 150% of our current hourly rate.

10. FAILURE OF EQUIPMENT OR ILLNESS OF KUMO CONNECT EMPLOYEES AND CONTRACTORS

Whilst all reasonable care and preparation is taken for videography and editing, Kumo Connect will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Kumo Connect or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

11. OUT OF BUSINESS HOURS, WEEKENDS AND PUBLIC HOLIDAYS

The following applies for pre-production, production, and post-production work.

11.1 Working hours prior to 7am and after 7pm incur a surcharge which is calculated at 150% of the applicable hourly rate.

11.2 Filming hours on weekends incur a surcharge which is calculated at 150% of the applicable hourly rate.

11.3 Filming hours on public holidays incur a surcharge which is calculated at 200% of the applicable hourly rate.

12. CUSTOMER RESPONSIBILITIES

You must do all things reasonably necessary, and supply Kumo Connect in a timely fashion with all materials reasonably required by Kumo Connect, in order for Kumo Connect to perform the services. This may include without limitation supplying copy, photographs, and other visual or audiovisual material, and if required, performing sub-editing and copywriting.

Without limiting Kumo Connect’s rights under this agreement, if Kumo Connect is unable to complete any services because of your actions or omissions, or if you instruct Kumo Connect to cease or postpone any work, Kumo Connect may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.

Kumo Connect accepts no responsibility for errors that you do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which you or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by you after sign-off.

13. VENUE LOCATION FEES & PERMISSIONS

Unless otherwise agreed in writing, the Customer must obtain any necessary consent or permission and pay any fees which may apply for Kumo Connect to film at a particular venue, location, or event.

14. POST PRODUCTION AMENDMENTS

A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of 2 rounds of amendments applies.

Kumo Connect will provide the Customer with ‘version one (1)’ of an initial edited video file. The Customer must notify Kumo Connect of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments.

Once the proposed changes have been made, Kumo Connect will provide the Customer with the ‘version two (2)’. The Customer must notify Kumo Connect of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round two (2)’ of amendments.

Once the proposed changes have been made, Kumo Connect will provide the Customer with the final version in the agreed format, or the ‘version three (3)’, which follows the same procedure as previous rounds.

Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable post-production hourly rate and added to the final invoice. Please be aware each round of amendments (even for a short sequence) takes a considerable amount of time to check, render, and upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required.

15. ARTISTIC LICENCE

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Kumo Connect reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Kumo Connect on request (see ‘post production amendments’ above).

16. SUB-CONTRACTING

Kumo Connect reserves the right to sub-contract any Services that Kumo Connect has agreed to perform for the Customer as it sees fit.

17. TERMS OF USE OF VIDEO BY KUMO CONNECT

Unless otherwise specified in writing, Kumo Connect reserves the right to use the raw footage and final edit(s) for their own marketing purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.

18. RIGHT OF REFUSAL OR TERMINATION

Kumo Connect reserves the right to terminate the provision of

Services or any contract with a Customer at any time, or refuse to provide any Services to a Customer, without providing any reasons for such termination or refusal. Where Services are refused or terminated by Kumo Connect, any Deposit paid by the Customer will be refunded.

19. REJECTION OF FINAL EDITS

Should the Customer wish to re-edit any final edit(s) supplied by Kumo Connect, Kumo Connect will quote for this separately and invoice the Customer accordingly. The re-editing of any final edit(s) by Kumo Connect cannot be used as a reason for withholding payment on any agreed fees already invoiced for work completed and supplied by Kumo Connect.

20. PAYMENT TERMS

20.1 The Customer agrees to pay Kumo Connect a non-refundable Deposit, as agreed with the Customer and set out in the agreed quotation, upon acceptance of the quotation by the Customer.

20.2 The Customer agrees to pay Kumo Connect the Agreed Fee, as set out in the agreed quotation, upon completion of the Services.

20.3 Kumo Connect will invoice the Customer for the Agreed Fee upon completion of the Services. Payment terms are 7 days from the date of the invoice.

20.4 If the Customer fails to pay any invoice by the due date, Kumo Connect reserves the right to charge interest on the overdue amount at a rate of 2% per month, accruing daily, from the date the payment was due until the date of payment is made in full.

20.5 The Customer agrees to pay any costs incurred by Kumo Connect in recovering any outstanding amounts owed by the Customer, including legal fees on an indemnity basis and any costs associated with debt collection.

21. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Kumo Connect operates.

22. ENTIRE AGREEMENT

These Terms and Conditions, together with any quotation and agreed variations, constitute the entire agreement between Kumo Connect and the Customer and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

By engaging Kumo Connect for any services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.