TERMS OF SERVICE

*Updated 12 January 2026

*IN PLAIN ENGLISH

Between us, Clipa Video Agency, and you, the client.

We will always do our best to fulfill your needs and meet your goals, but sometimes it's best to have a few things written down so that we both know what's what, who should do what and what happens if things go wrong. We have no desire to trick you into signing something that you might later regret.

We do however want what's best for the safety of both parties, now and in the future.

IN SHORT

You and/or your organization are hiring us (Clipa Video Agency) to produce the deliverables for the estimated total price as outlined in our proposal.

Of course, there's a bit more to it, but we'll get to that.

WHAT DO BOTH PARTIES AGREE TO DO?

As our client, you have the power and ability to enter into this contract on behalf of your organization. You agree to provide us with everything that we'll need to complete the project—including text, images, brand guidelines, and other information—as and when we need it and in the format we ask for.

You agree to review our work, provide feedback and approval in a timely manner. Deadlines work two ways and you'll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out within your proposal.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this, we'll also maintain the confidentiality of any information that you give us.

You are granted two rounds of revisions—please check your proposal for the revision period. Additional rounds of revisions are billed at $200 per hour, with a minimum charge of $200. Revisions will only be received from your organization's one key point of contact.

If multiple stakeholders are involved in giving feedback, it is up to your organization's one key point of contact to collate the feedback and input it into our review system.

The reason for this is we cannot guarantee project completion and eliminate budget overrun if this is not strictly adhered to. Our goal is to deliver your project on time and within budget. We guarantee we can do this if the brief is signed off and we stick to it throughout the agreed schedule.

You can't transfer this contract to anyone else without our permission.

Authorizing this project requires a signature at the end of your proposal.

THE LEGAL VERSION

Between the "Producer", Clipa Video Agency, and you/your organization, the "Client".

1. Term

The work provided by the Producer will start and end on the target production timeline dates set out in your proposal. It is agreed that this schedule is subject to change from time to time with the mutual consent of the Parties.

Once finalized, the production timeline shall serve as both the primary timeline and milestones guideline for the Project. Both Parties agree to stick to the project dates and the revision period listed within the proposal to the best of their abilities and understand that failure to do so will result in project delays and additional fees.

2. Roles and Responsibilities

We agree to use our best efforts to fulfill and exceed your expectations on the deliverables listed in your proposal. You agree to aid us in doing so by making available to us required information pertaining to your organization and to cooperate with us in expediting the work.

Producer will:

  • Produce and supply the deliverables as outlined in the proposal

Client will:

  • Provide us with everything that we'll need to complete the project—including text, images, brand guidelines, and other information—as and when we need it and in the format we ask for. We require any brand guidelines to be sent in writing prior to production so we have time to ensure accuracy.

  • Agree to review our work, provide feedback and approval in the agreed timelines. Deadlines work two ways and you'll also be bound by any dates that we set together.

  • Agree to stick to the payment schedule set out in your proposal.

  • Source any talent and liaise with businesses or locations featured within the video, unless otherwise specified in the proposal.

3. Fees and Payment

The total cost to the Client for the completion of the Project is included in your proposal excluding any additional expenses.

Unless otherwise specified in your proposal, the Client shall pay the Producer for the Project using one of the following payment options:

For Campaign Sprint (one-off projects):

Option 1 (Standard): 50/50 Split

  1. The first payment, of 50% of the project total (the "Deposit"), will be paid upon signing the proposal.

  2. The final payment, of 50% of the project total will be paid prior to final delivery.

Option 2: Monthly Installments

Available for projects over $15,000. Payment structure to be agreed in writing.

For Content Engine (monthly subscription):

Monthly billing in advance. First month requires 50% upfront (pre-production), 50% after first delivery. Subsequent months billed on the 1st of each month.

Payment methods:

Bank transfer, credit card (3% transaction fee), or purchase order (for government/corporate accounts).

4. Refunds

Due to the nature of production scheduling and resource allocation, the deposit payment is non-refundable. If the project is terminated in accordance with clause 13 then any funds that have already been paid by the client that exceeds the amount of work completed will be refunded.

5. Expenses

The Producer will pay for all Project expenses related to each stage of production, unless otherwise specified in the proposal.

From time to time, the Producer may determine that an expense not covered under this Agreement may be necessary for the betterment of the Project. The Producer agrees to provide the Client with a detailed written request for additional funds to cover that expense, why it's necessary, and how not paying for it may materially affect the quality of the Project.

The Client is responsible for either approving or denying the additional expenses in writing and fully acknowledges how that may affect the overall project.

5.1 Additional Expenses & Delays

Functionality or feature requests above and beyond those listed in the proposal may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 30 days will incur a minimum fee of $1,500 ex GST to resume work at the discretion of Clipa Video Agency.

6. Project Scope

At each stage of production, we will require written sign off from your one key point of contact listed in your proposal. We politely insist on consolidated feedback at all stages. If you want to change your mind, add extra elements or even add new shooting days, that won't be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We'll be upfront about all of this if and when it happens, make sure we're all on the same page before proceeding.

6.1 Re-shoots

If a re-shoot is deemed necessary by the client for any reason, the producer will advise the client of the expenses incurred as a result of the re-shoot and they will be added to the next project invoice following the re-shoot.

6.2 Production Cancellation Fee

We will do our best, time-permitting, to send production reminder emails 14 days & 7 days from a scheduled production date.

Due to the lead time required in booking resources for production days, cancellations incur the following fees:

  • 14+ days before production: Deposit forfeited, no additional fees.

  • 7-14 days before production: 50% of total project fee.

  • Less than 7 days before production: 100% of total project fee.

These fees reflect the resources already committed and opportunities lost due to late cancellations. Variables that may increase cancellation fees include, but are not limited to: external contractors, location booking fees, talent, travel expenses, and catering.

For Content Engine subscriptions: 30 days written notice is required for cancellation.

7. Approval / Revisions

The prices in your proposal are based on the amount of work we estimate we'll need to accomplish everything that you have told us you want to achieve. This means that if you'd like us to do more work than we've quoted for then it will cost more. This can sometimes be the case during the approval and revision period.

The Client is granted two rounds of revisions as part of the project. Additional rounds of revisions are billed at $200 per hour, with a minimum charge of $200. Revisions are only given from the Client's one key point of contact listed in your proposal. If multiple stakeholders are involved in giving feedback, it is up to the Client's one key point of contact to collate the feedback and input it into our review system. Our goal is to deliver your project on time and within budget.

Revision rounds must be delivered to the Producer within the revision period listed in your proposal. If no feedback or communication has been given within 2 weeks of the project being sent for revisions, the Project shall be deemed to be approved by the Client.

Revisions are defined as any adjustments that don't significantly change the project scope—things like timing adjustments, color balance, audio levels, or minor rearrangements.

We also ask you to put revision feedback in writing via our review tool, so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new proposal.

8. Raw Footage Delivery

Unless otherwise specified in your proposal, we are under no obligation to archive your project. Your project and all its associated files will be deleted within 2 weeks of the completion of the project.

Raw footage is available as an $800 add-on (unless otherwise specified in your proposal). This includes all raw clips from the production delivered via an online download link OR transferred to a hard drive that you supply. We can also supply the hard drive and shipping at extra cost.

9. Ownership & Copyright

The Project and all final materials created as a direct result of this Agreement and specifically mentioned in this Agreement become the legal property of the Client upon the completion of work and the payment in full of the Final Budget by the Client.

Once the project is completed and the balance of the Final Budget is paid, the Client shall assign all rights in and to the Project to the Producer for use in live in-person presentations and web promotional use.

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the video are either owned by you or that you have permission to use them. We'll give you a copy of the final video/s but not the elements used to create it. You should store them safely as we are not required to keep them or provide any native source files we used to make them beyond 2 weeks of this agreement.

You also own text content, photographs and other data you provided unless someone else owns them.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write/talk about the project on any platform/format.

10. Rights Period and Use Restrictions

The Client acknowledges that due to third party agreements with respect to the production of the Project, there may be limits to the time the Project is permitted to be publicly exploited.

These limits are imposed due to the Rights Period and Permitted Media limitations in acting or voice-over agreements for the talent appearing in the Project, stock music licensing for the music used in the Project, and/or stock footage licensing for the footage used in the Project. All of these limitations will be outlined in the Performer's Deal Memo, Music Use Licenses, and/or Footage Licenses provided to the Client prior to inclusion in the Project.

11. Confidentiality

During the course of this Agreement, the Parties may disclose to the other certain information which is confidential to the disclosing Party. Provided that the disclosing Party informs the other Party that the information is Confidential Information, each Party will hold the other party's Confidential Information in confidence, will not disclose it to other parties and will only use it for the purposes of this Project.

12. Accuracy of Content

The Project is based on the information provided to the Producer by the Client. The Producer cannot guarantee the accuracy of this information. It is understood that the Client is responsible for all Project content provided by the Client.

We can't guarantee that the completed video will always be error-free and so we require your sign off at predetermined stages up to and including final delivery. We can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the video, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

13. Termination of Agreement

This Agreement may be terminated by either Party by giving the other Party fourteen (14) calendar days prior written notice. In the event of a material breach of this Agreement by either Party, the non-breaching Party may terminate this Agreement immediately upon giving written notice to the breaching Party.

Immediately upon termination of this Agreement the Producer will cease performing its obligations. Within seven (7) days of the termination, the Client will pay to the Producer fees for all work performed prior to the date of termination at a rate of $200 Australian Dollars per hour, less any amount previously paid.

14. Entire Agreement

The Agreement constitutes the entire Agreement of the Parties. Amendments may be made by written agreement of both parties. You can't transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

15. Mediation

Any claim or controversy arising out of the Agreement will be referred at the request of either Party to a Mediator. If the dispute is not settled first through Mediation, the Parties will be bound to enter into Arbitration in the City of Sydney in New South Wales. Both Parties agree to be bound by the decision of the arbitrator.

16. Governing law

This Agreement will be governed by and construed in accordance with Australian laws.