1.1 Deposit & prepayment

A 50% deposit will be required prior to the commencement of the project if the project exceeds $7,500AUD. This will be sent via email with an invoice attached. If you request filming/photography and editing, Shake Creative will require a deposit for the filming/photography and editing.
Shake Creative notes that the payment of this invoice must be received within the nominated bank account within 48 hours of the quote approval.
Project prepayment deposits are non refundable and cannot be used as credit for another project or outstanding invoice at any point.

If you pay the upfront cost and wish to cancel, you may not claim a refund on the deposit.

1.2 quotes

All quotes will expire after 14 days from the quotation date. Shake Creative reserves the right to requote the project if the quote has not been approved OR the quote has been approved but no date of commencment is set for the project within the 30 day period.

1.3 postponements & cancellations

If you wish to postpone the project, a 20% fee of the total project cost will be added on to the final Invoice labelled "Postponement Fee", if the project is postponed within 7 days of the project commencement.

If you wish to cancel the project, you may not claim a refund on the deposit.
If a deposit has not been made and you wish to cancel within 3 days of the project comencement, a fee of 50% of the total project cost will be invoiced labelled "Cancellation fee".

2 copyrights & licenses

Shake Creative retains copyright of the footage/images in perpetuity. Any third party suppliers wishing to access imagery should be forwarded directly to Shake Creative to negotiate the appropriate license. Supplied footage/images and final video outputs must not be distributed to any third party outside of the relationship between Shake Creative and the client without prior written consent from Shake Creative.

The client under no circumstances can re-edit or make any tangible changes to the supplied images from Shake Creative without consent from Shake Creative. If the client makes any changes to Shake Creative's footage, A fee of 40% of the total project cost will be invoiced as "Copyright ownership release fee".

Usage of the footage/images and associated fees are strictly agreed in the email attaching the quote. Any tangible changes to the usage by the client without consent of Shake Creative will incur a one time fee of 40% of the total project cost. This fee will be invoiced as the "Copyright ownership release fee".

2.1 Raw footage

All editing files, RAW and unused collateral is owned by Shake Creative. Clients have the option to buy all RAW footage and editing files from Shake Creative at 50% of the total cost of production at the discretion of Shake Creative.

3. scope changes

If the client agrees upon a quote which contains filming/photography and editing prior to the commencement of filming, and then requests to cancel editing and wishes to have the RAW footage supplied. The deposit amount for editing will not be refunded and RAW footage will be invoiced at 50% of the total cost of production.

If the client agrees upon a quote which contains filming and supplied RAW footage with no editing required, and then requests to change this to editing with no supplied RAW footage, Shake Creative will invoice for the editing, as well as a cancellation fee of 50% of the cost of RAW footage.

If these changes to the brief are made before finalisation of the quote and the commencement of filming, no cancellation fee's will be included.

Shake Creative reserves the right to 're-quote' the client during production if the client makes any tangible changes to the agreed-upon quote confirmed in writing prior to the commencement of the project.

4. On Location

It is the responsibility of the client to ensure that an authorised representative of the client is present during the whole shoot. If no authorised representative is present, then Shake Creative's interpretation of the brief shall be accepted and won’t be liable for any omissions.

5. No Contact

If a project has commenced and Shake Creative has not heard from a client for a period of 30 days, Shake Creative reserves the right to invoice for works completed and terminate the project with cancellation fees. If the client resumes contact with Shake Creative to finalise any project, Shake Creative will requote on the remaining works required and the project will resume.

6. Invoicing

All invoices must be paid by the issued date on the invoice.

Invoices will be sent out in two stages. The first invoice will pertain the filming of the project minus the amount paid upfront, and the final invoice will pertain the editing and finalisation of the project minus the amount paid upfront.

If payment has not been made within the required date labelled on the invoice, Shake Creative reserves the right to request the video/images be removed from any platform until the funds have been settled into the nominated bank account.

If the Invoice is not paid within the given time frame, Shake Creative reserves the right to apply a late payment penalty of 5% of the total outstanding balance (including late fees) per week, until the funds in question have been received within the nominated bank account. This is cumulative to the outstanding project cost and late payment penalties.

Once the funds have been received for the final issued invoice the project will be deemed completed. The project will under no circumstances be deemed to have been completed until the funds have been received for the final Invoice within the nominated bank account.

7. File Archiving

Shake Creative will keep your files archived for 90 days after the completion of the project. If you require us to archive your RAW footage and editing files indefinitely, $450 will be invoiced to you. If you do not state in writing or via email that you wish for the indefinite archiving of the files, the files will be erased.

Agreement

These terms of service will be deemed to have been agreed upon by the client once a quote has been accepted by the client.
Our terms of service is listed on every email footer, quote and invoice.