1. Unless agreed otherwise in writing, 30% of the invoice as a deposit must be paid after terms of contract are agreed and at least 10 days prior to commencement of work. No talent or facilities booking will be made prior to this payment. The remaining 60% shall be payable on completion of the film, video, TVC or multimedia project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
2. For invoices over $500 Swoon Media will issue an invoice for payment as each sum becomes due, to be paid within 14 days of the date of that invoice.
3. For invoices under $500 Swoon Media may require payment upon completion of transfer of goods or services to the purchaser.
4. Swoon Media’s fees shall be exclusive of disbursements and expense items related to the agreed programme such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disk or tape duplications, creation of audio and video streaming files, travel accommodation, subsistence, fax charges and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
5. If payment is not received within the agreed amount of time of the invoice date, Swoon Media will automatically charge 5% penalty each 30 calendar days the account remains unpaid, which will be added to the customer’s account. Dept collection fees will be added to the amount owed.
6. Payment may be made by Bank transfer Swoon Ltd, ASB Bank, 12 3019 079775400, cheque or cash. International payments must be made in advance through PayPal.
7. All cheques or bankers drafts to be made payable to ‘Swoon LTD’.
8. The customer’s requirements must be clearly provided to Swoon Media in writing before commencement of work and subject only to one set of minor alterations thereafter.
9. Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement and may be subject to further charges.
10. A video programme will only be publicly released by Swoon Media once the customer approves all content as complete and satisfactory and confirms this in writing.
11. A customer may terminate the contract at any time by written notice of termination.
12. When a customer terminates the contract, they will remain liable to pay in full for all committed future costs and work undertaken and in progress up to the date that the written cancellation is received unless any other written agreement is reached in advance. Swoon Media reserve the right to charge up to 25% of the total agreed production fee, if the cancellation is made within 7 days of the shoot or production deadline (whichever is soonest).
13. Any monies (excluding the deposit) held on account and unused will be returned subject to costs incurred.
14. Swoon Media reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
15. Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information, its inclusion may be considered.
16. Swoon Media cannot be held liable for loss or damage caused as a result of third party action or failure or natural causes, specifically the weather.
17. The client shall provide appropriate security arrangements for any filming outside of the New Zealand for which Swoon Media provides crew or equipment and such arrangements shall be notified to Swoon Media in writing in advance of travel to that jurisdiction.
18. Swoon Media cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
19. Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs.
20. If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
21. Email correspondence shall be sufficient to prove changes to agreements for the form and content of programs.
22. Swoon Media will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
23. In consideration of, and subject to, the final payment of full fees due to Swoon Media by the customer, Swoon Media hereby assigns to the customer with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content unless expressly agreed in writing between both parties.
24. Any confidential or proprietary information which is acquired by Swoon Media from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Swoon Media will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
25. Any contract requiring Swoon Media to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Swoon Media, its servants or agents, as necessary.
26. Swoon Media normal office hours are 9.30 a.m. to 6.00 p.m. , Monday to Friday, all other times are by prior arrangement and are subject to availability.
27. Any claims must be made in writing to Swoon Media within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
28. Should the customer have cause to make any complaint about service or programmes the complaint, if put in writing, will be acknowledged by Swoon Media within 14 days and a detailed reply will be issued to the customer within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to Swoon Media.
29. Swoon Media shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to Swoon Media, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.