Quotations
All quotations are subject to withdrawal or variation at any time prior to acceptance of order. Project budget estimates are based on available information. Detailed quotations will be supplied and client approval secured prior to implementation. If additional information is supplied or The Coast Media Group Pty Ltd becomes aware of any matter, which changes the project specifications after the submission and approval of a quotation, a new/revised quotation will be provided for approval. The Coast Media Group Pty Ltd adheres to a transparent billing approach. Work is delivered as quoted. Any additional charges over and above the original quotation will be advised and client approval obtained before work proceeds. This procedure has been designed to keep clients informed of all cost or project variations throughout the project.
Offer & Acceptance
All orders are subject to acceptance within 30 days. Approval of a quote will be accepted via email confirmation.
Delivery
a) Any date quoted for delivery is an estimate only and unless a guarantee has been given by The Coast Media Group Pty Ltd in writing providing for liquidated damages for failure to deliver by the quoted date, The Coast Media Group Pty Ltd shall not be liable to the Purchaser for any loss or damage arising for failure to deliver on or before the quoted date.
b) The Coast Media Group Pty Ltd reserves the right to deliver by instalments. If delivery is made by instalments the Purchaser shall not be entitled:
i. To terminate or cancel the contract; or ii. To any loss or damage arising from failure by The Coast Media Group Pty Ltd to deliver any instalment on or before the quoted date.
Liability
The Coast Media Group Pty Ltd accepts no responsibility for the accuracy or appropriateness of any materials created or drafted when based on information supplied by the client. It is the client’s responsibility to ensure the accuracy, appropriateness and content of all information drafted and the client indemnifies The Coast Media Group Pty Ltd, its servants, agents and sub-consultants from all liability consequent on reproduction.
Client Instructions
Client instructions are to be confirmed in writing either electronically or by correspondence. The Coast Media Group Pty Ltd will use its best endeavours to comply with all client instructions, but shall not be liable for any errors or omissions due to oversight or misinterpretation of a client’s verbal instructions.
Alterations
Any additional alterations or amendments outside of those outlined in the quote will be charged at the hourly rate for additional revisions.
Payment
A 50% deposit is payable on acceptance of the quote. No work or concepts will be started or delivered until the deposit payment has cleared.
Balance is payable on completion and before final delivery is made, or if the client does not respond with changes or supply media for The Coast Media Group to complete the project, within 14 days after any proof has being supplied, a final balance invoice will be then be issued and due within 14 days of invoice date.
Lien
In addition to all other rights and remedies of The Coast Media Group Pty Ltd if the client fails to pay all monies as and when due, The Coast Media Group Pty Ltd shall hold a general lien with power to enforce over all client articles and work produced by The Coast Media Group Pty Ltd until payment for that work is received.
Cancellation
If the Client wishes to cancel at any time after accepting a quote, any deposits paid to The Coast Media Group Pty Ltd are not refundable. If no deposit has been paid and work has commenced, then the client will be liable for at least 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed 50%, further payments from client may be liable.
Client Property
All articles submitted to The Coast Media Group Pty Ltd are at the client’s risk. Articles will not be returned unless requested by the client. The Coast Media Group Pty Ltd shall not be responsible for any loss or damage to any client property.
Description and Specification
The Purchaser warrants that any goods manufactured constructed or supplied by The Coast Media Group Pty Ltd which are based in whole or in part upon designs, drawings or specifications supplied to The Coast Media Group Pty Ltd by or on behalf of the Purchaser shall not infringe any patent or registered designs. The Purchaser shall indemnify and keep indemnified The Coast Media Group Pty Ltd its servants or agents for any breach of this warrant.
Projections
Where revenue projections or estimates are provided by The Coast Media Group Pty Ltd as part of a proposal to a client, The Coast Media Group Pty Ltd warrants only that it will exercise reasonable skill, care and diligence in the preparation of these projections. Any projections are (i) prepared on the basis of data received from the client in good faith, and (ii) are only provided to the client as an aid to management and constitute an indication – but not a guarantee – of a potential outcome, from among a range of many potential outcomes. Whilst The Coast Media Group Pty Ltd will always use its best endeavours to further its client’s commercial activities, any such projection(s) or representations do not constitute a direct, or indirect, or implied guarantee to any degree of commercial performance.
The client hereby acknowledges that its commercial performance and/or of its products and/or services, results from a multiplicity of factors within its control in addition to communication for which The Coast Media Group Pty Ltd has been contracted including, but not limited to, its sales ability, product pricing, availability, competitiveness, attractiveness of offer, all of which remain the responsibility of the client at all times. The client acknowledges that these additional factors are beyond the control of The Coast Media Group Pty Ltd and beyond the scope of work for which the client has engaged The Coast Media Group Pty Ltd’s services.
Force Majeure
Every effort will be made to carry out any contract based on a quotation, but the due performance of it is subject to variation or cancellation owing to an Act of God, War, Strikes, Lockouts, Fire, Flood, Drought or any other cause beyond control or owing to inability to procure materials or articles except at increased prices due to any of the foregoing causes.
Transfer of Copyright
Copyright on all works created by The Coast Media Group Pty Ltd will be transferred to client upon payment of agreed fees.
Artwork
All artwork, scans, outlines and proofs thereof are submitted to the Purchaser in confidence. Property in goods shall pass to the Purchaser immediately upon their completion. The Coast Media Group Pty Ltd takes no responsibility for supplied files that are not to specifications or are corrupt.
Reproduction Rights
Instructions for work(s) are received from the client in good faith and on the understanding that the client has the legal and moral right to reproduce the material submitted. The client indemnifies The Coast Media Group Pty Ltd its servants, agents and sub-contractors from any and all liability consequent on reproduction.
Public Broadcast (YouTube etc)
The Coast Media Group Pty Ltd retains the right, unless instructed otherwise in writing by the client, to display client’s videos, artwork or any other works created by The Coast Media Group Pty Ltd on the The Coast Media Group Pty Ltd’s website, YouTube, Vimeo or similar public video broadcast sites or for other marketing purposes.
Failure of Equipment or illness of The Coast Media Group Pty Ltd employees and contractors
Whilst all reasonable care and preparation is taken for videography and editing, The Coast Media Group Pty Ltd 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 The Coast Media Group Pty Ltd or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
Sub-Contracting
The Coast Media Group Pty Ltd reserves the right to sub-contract any Services that The Coast Media Group Pty Ltd has agreed to perform for the client as it sees fit.
Talent/Background persons/Staff
If the client requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the client to obtain the necessary permissions. The Coast Media Group Pty Ltd cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the customer’s expense. The Coast Media Group Pty Ltd will at the request of the customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.
Shot Footage
The Coast Media Group Pty Ltd will record the video footage for the project using quality cameras and lighting. If the client rejects the footage after it has been edited, unless it is an obvious mistake, then a full re-shoot and editing costs will apply.
Raw Footage
The client r may have Raw Footage transferred to their own supplied hard disk, the client must pay The Coast Media Group Pty Ltd an additional fee of $250.00 plus GST per 250GB.
Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased unless otherwise instructed in writing by the client. If at the end of twelve (12) months Services have not been paid for, The Coast Media Group Pty Ltd reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
Consequential Loss or Damage
Any liability of The Coast Media Group Pty Ltd, its servants, agents or sub-consultants under no circumstances includes or extends to consequential loss or damage.
Client Undertakings and Warranties
The client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the client’s video. The client indemnifies The Coast Media Group Pty Ltd from any possible liability for the use of any client supplied media in the client’s video.
Dispute Resolution
If the client disputes any of the work performed by The Coast Media Group Pty Ltd it must, prior to commencing litigation, deliver a written notice of dispute adequately identifying and providing details of the dispute within 7 days of The Coast Media Group Pty Ltd invoice(s) for the disputed work(s). Within 14 days after service of the notice persons representing the client and The Coast Media Group Pty Ltd, who have the authority to agree to a resolution of the dispute, must meet at least once to attempt to resolve the dispute and failing resolution of the dispute to, where possible, agree on methods of resolving the dispute by other means. In the event that the dispute cannot be resolved after the client and The Coast Media Group Pty Ltd have made reasonable efforts, either party may refer the dispute to litigation.