Terms and Conditions FOR SERvICES.
Acceptance of Quote:
By accepting an emailed production quotation, or having come to a written or verbal agreement for project budget, you are agreeing to the following terms and conditions of doing business with OMH aka Olliepop Media House.
Terms of trade:
A quotation is valid for a period of ‘X’ days as specified to the quote and is based on the services to be carried out as described. Should the client request any additions to the quoted project, OMH will provide a quote for the additional work.
Please note, shoot dates shall not proceed until payment of first instalment is received by our accounts department.
Please pay within terms.
It is a condition of sale that you agree to pay any costs, including administration charges, debt collection commissions and legal fees that are incurred in collecting overdue accounts.
How our invoicing schedule works:
Different payment schedules apply depending on the size of the production, except for special cases where a more tailored payment schedule has been devised for the specific job, the above typically applies.
Payment for on-going video/stills production services:
On-going production services operate with month by month production scheduling.
All payments are required prior to the start of the upcoming month.
Payment for new services, why we bill in stages:
Each project is billed in stages to cash flow the project from start to finish. The bulk of the expense of a production is generally within the production stage. The pre-production instalment provides cash flow to (a) get started on the project with the creation of project concept decks, production overviews plans, and (b) covers expenses such as hire equipment, studio costs, props and other items that demand to be paid for upfront.
Payment for Pre Production work inclusive of but not limited to Creative Concept development, client communication and shoot organisation:
Pre-production work is billed out at an hourly rate for services unless otherwise agreed upon.
Creative Concept decks start from $1,500+GST depending on the scope of the project, inclusive of production schedules and production run sheet documents.
Creative Concept decks are confidential in nature and are IP of OMH until such time as the project has been completed and project payment made in full.
For new video/still projects under $20,000 :
75% upon acceptance of this quotation to begin pre-production, to be paid prior to filming.
25% (plus any additional costs incurred) on completion of the production.
Final payment must be made within 7 days of goods received.
For new video/still projects $20,000 and over :
75% upon acceptance of this quotation to begin pre-production, to be paid prior to filming.
25% (plus any additional costs incurred) on completion of the production.
Final payment must be made within 7 days of goods received.
For animation projects:
75% upon acceptance of this quotation to begin pre-production.
25% (plus any additional costs incurred) on completion of the production.
Final payment must be made within 7 days of goods received.
For new TVC productions:
75% upon acceptance of this quotation to begin pre-production, to be paid prior to filming.
25% (plus any additional costs incurred) on completion of the production, before air first date.
Additional AUD and station transfer costs paid prior to submission for rating and broadcast. Note: TVC’s cannot be released to TV networks until full payment has been received.
Final payment must be made within 7 days of goods received.
For video/still projects booked within 48 hours:
For last minute bookings we understand getting payment to us on time is not always possible, should OMH agree to proceed the full fee must be paid within 7 days of receiving the first production date unless specified otherwise.
Late Payment Fees:
For any invoices unpaid beyond 30 days from required payment date, a 2% late fee will apply.
Data Storage Solutions:
OMH completes all projects on dual back storage solution systems, providing reliable storage solutions for all active projects.
OMH safely stores all footage on locked premises.
OMH requires the cost of data storage for on-going client work, to be the responsibility of the client, charged on a case by case basis, depending on the required storage space and required drive type.
Once completed, all projects remain backed up in full for a 30 day period, unless client services are under an on-going contract.
Once the 30 day period has expired all projects have a ‘raw-timeline’ saved for a guaranteed twelve month period.
During on-going services the physical hard drives are paid for by the client, so as to manage storage of required data, enabling OMH to create any new projects utilising the existing media library of footage. This offers a streamlined workflow for any required editing.
All working hours required for data storage management are covered by OMH free of charge.
OMH supplies Google Drive storage space for a six month period of completed production files to allow the client to download and save at any time over said period.
At such time that OMH services are no longer required, the client may request the physical drives to be returned with the option to have the drive scrubbed with only the completed creative productions to remain, returned postage fees and handling costs applying.
Alternatively, the client may wish to receive the hard drive/s with all working content intact, in which case a ‘buy out’ for copyright ownership of all RAW footage would occur.
When a ‘buy out’ occurs, the client receives all RAW files, working project files and exported deliverable files, and copyright ownership of the RAW footage is transferred to the client.
This is done at a fee calculated at the discretion of OMH on a case by case basis.
Cancellation of project:
In the event of project cancellation, a pro-rata amount will be calculated based on the time and resources spent on the job and made payable to OMH.
Cancellation or postponement of shoot dates:
Any film/video or photographic shoots can be cancelled or postponed by providing a minimum of 48 hours notice.
If the client provides less than 48 hours notice, the client agrees to pay a cancellation fee equal to the value of 100% of the shoot date costs.
Should a client choose to go go ahead with our services and poor weather is a factor for the shoot, the client must provide suitable shelter for camera operation.
If there is no shelter provided and the weather is deemed inappropriate to safely shoot without damaging equipment, OMH reserve the right to pack up until appropriate weather conditions occur during the shoot duration window.
Insurances:
$10,000,000 public liability.
$10,000,000 aviation insurance on all drone operation.
Drone operations:
Drone operations are conducted by a licensed, certified and insured drone operator, “The Chief Remote Pilot” who has complete authority over drone operations and will make the final call on the safety of an operation.
“The Chief Remote Pilot” will be in touch with the client 48 hours prior to the shoot date to confirm flight capabilities on the day.
OMH will advise whether drone flight is predicted safe to go ahead, or if there is significant risk of the potential flight being being potentially cancelled.
If the client wishes to postpone the entire shoot or the drone component of the shoot at this time due to the weather limitations the client will be able to reschedule the shoot date at no additional fee.
If there is significant risk and the client wishes to proceed with drone operation, drone flight still may be halted due to unfavourable weather conditions during the operation the shoot day, this is non-refundable.
Unless otherwise stated, quotes including drone operations do not include CASA permits for areas where special approval is required, such as (but not limited to) areas within 5km of a towered aerodrome. Additional costs apply for special permits.
Travel Fees:
Travel fees are calculated on a client by client basis to cover on road costs including vehicle usage, fuel and tolls and crew member/s time.
Overnight stay shall also incur additional costs including accomodation and meals.
Travel costs are subject to changing fuel prices and on road costs.
Post Production including Daily Raws, Music, Revisions and Changes to the Edit:
OMH makes available the daily ‘raw timeline’ on all shoots for client review so that client may indicate desired ‘selects’ for post production delivery.
A minimum one hour post production fee is allocated to the curation of daily raw timeline.
OMH has access to commercial music libraries and will provides up to five suitable options for each content piece.
A minimum one hour post production fee allocated to the discovery of commercially licensed music.
During the editing process OMH provide up to three rounds of changes. In the case where the client requires further changes, we shall provide a quote for the additional time needed.
Client may request for a complimentary round of changes should they deem ‘clear instructions’ not followed by OMH post production team.
Ownership of video and still imagery:
Ownership of the completed production/s (as detailed under Creative Brief/s) will be transferred to the client upon final payment, however, does not include the provision of raw footage.
As the creative agency, OMH has copywrite ownership on RAW footage and still imagery, and as such retains the exclusive right to be commissioned by the client for future edits or re-edits of the footage.
OMH is not obliged to provide raw footage to the client.
OMH has the ability to use RAW footage with a new creative brief’s by any third party so long as the overall project does not negatively reflect upon or harm the original client.
Clients do have the ability to have OMH use RAW footage for a new project outside of the scope that the footage was originally intended, but do not own RAW footage unless a written agreement has been signed off on.
Should a client wish to obtain raw footage from a specific OMH shoot, the client is able to pay a ‘handover fee’ to receive either a raw timeline or the physical raw files, the cost of which is set by OMH on a case by case basis and is dependent on the number of shoot dates and the required capturing format (PRO RES or RAW) required to capture stored vision.
OMH reserves the right to directors cut, to add the work to our portfolio and use the production either in part or full for promotional purposes without restriction in all formats and media.
Clients must enter into a signed, written agreement with fixed service fees valid for a minimum 12 month period to obtain copyright ownership of all raw footage and still image materials. This is done so on a case by case basis with any fees coming at the discretion of OMH on top of fees for required services.
General conditions:
Full day shoot days are 8 hours in duration and include a 30 min scheduled break.
Half-day shoots must less than 5 hours in duration and scheduled for either morning (wrapped by 1:00pm) or afternoon (start after 12:00pm), unless contractually otherwise agreed upon.
OMH will not be held accountable for any damages to recorded footage, including any corruption of video files during production or post production. In the event of any corruption to the video, alternate re-shooting arrangements may be made at the discretion of OMH.
OMH will do its very best to meet all prearranged deadlines however, in the event that the client’s own involvement is responsible in part or in full for slowing the production process down, OMH will not be held accountable.
OMH reserves the right to postpone any shoot without penalty for reasons such as but not limited to a lack of clear expectations on an upcoming production date, illness of crew members, unforeseeable equipment failure or unfavourable weather conditions. Should this situation arise OMH will provide credit for production services in full to utilise on a future agreed date.
All costs relating to talent and location fees are subject to finding suitable talent and locations within the allocated budget.
The client indemnifies OMH from any information supplied by the client that is false or misleading.
Notification of changes to any production must be supplied to OMH in writing.
Conditions for inclusion of third party ‘branded content’ into commercial shoots:
OMH welcomes coverage of branded marketing material promotion of third party marketing material into commercial shoots, allowing up to one hour of shooting time to promote a third party brand. This allows reasonable time to capture any cross promotion material that may be required by the client to achieve commercial partnership responsibilities or obligations within a reasonable expectation.
Staff from third party businesses are welcomed onto shoots for the appropriate handling/modelling of products, and must follow the direction of the ‘Director on Set’ at all times.
OMH limits the creation of completed content pieces that specifically promote third party products to one video content piece per shoot, unless otherwise agreed prior to shoot, and must have either the client logo or no offical logo, unless also agreed upon prior to shoot.
Should a third party of the client require greater involvement into a shoot, this requires a new commercial agreement to be in place.
It is requested that if the client has knowledge of a third party wishing for greater involvement within a shoot, that the client contact OMH with 48 hours notice to the shoot commence date to obtain clear understanding of services and deliverables, and for OMH to provide the third party a quote any additional fees.
COVID-19 Protocols
To ensure the safety of our clients and crew, our productions have adopted the following health protocols, when required by state or federal law ;
Face masks are to be worn during indoor productions for all people on set, except where it reasonable to be removed (for example, actors or presenters who are on camera during filming).
General social distancing where practicable.
No cast or crew members who have any cold/flu like symptoms are permitted on set.
No cast or crew member to have been in contact with anyone that has COVID-19 or is currently being tested shall be permitted on set.
Use of wireless follow focus equipment for camera assistants to assist with social distancing during filming.
Production monitors shall be cabled at least 2 meters from camera and persons viewing via monitor are to maintain a safe distance from one another.
Minimum recommended crew and other parties on sets to reduce social interaction.
Equipment must only be handled by the equipment owner or their appointed assistant.
All personnel shall adhere to the protocols in place for all indoor shoot locations (such as offices or studios), including scanning in with QR codes and specific movement or staff interaction rules.