International Creative Services (ICS) Terms of Business – Client Terms
Please note that all scope of work quotations are valid for 30 days from the date of issue. If it is not approved within 30 days, International Creative Services (ICS) reserves the right to requote at that time. All costs exclude GST and will be in Australian Dollars (AUD) unless otherwise stated.
Scope & Budget Approval
In order to commence work International Creative Services (ICS) requires written approval of the Scope of Work and a company Purchase Order reflecting the full amount of this proposal. This will indicate approval to commence production and initiates International Creative Services (ICS) to spend money on resources, services and personnel on your behalf including booking services in advance in order to secure their services.
Should the project be cancelled after issuing a purchase order cancellation fees will apply. This includes some costs for key personnel that need to be booked in advance who turn down other work to take on your project, crew fees & artist fees spent to date, and any external costs. If the project is cancelled less than 48 hours prior to any filming/shooting additional cancellation fees will also apply. Depending on the point within the job schedule that the project is cancelled the cancellation fees will vary job by job. At any point the out of pocket costs incurred plus a service fee of 25% will apply. The cancellation fee will not be more than the full production costs approved.
Changes Beyond Set Approval Points:
International Creative Services (ICS) outlines the intended schedule and the key approval points in the proposed schedule by relevant milestone during the production. At each point the client is permitted two author’s correction within the scheduled time for each milestone presented for approval unless specified otherwise in the scope of work. Of special note is the final master delivery, where the author’s corrections are expected to be minor graphics or audio changes only. This includes all levels of client management approval. Where revisions do not impact the delivery deadline or the budget, International Creative Services (ICS) warrants to ensure we accommodate all requests collaboratively.
Should corrections or revisions continue on through no fault of International Creative Services (ICS) additional charges may be charged at standard hourly rates. In some circumstances after hours loadings may apply, and moving the delivery date of the final work may be necessary.
Additionally if the schedule is constructed around receiving specific assets from your organisation, or a nominee of your organisation, and such delivery is delayed affecting the project milestones additional charges may apply or a change to the delivery date may be enforced.
Change of Scope
Any request for additional work or changes to the existing scope will need to be re-quoted and a Change Request will be submitted for written approval. A revised or additional purchase order will be required.
Fixed Cost Basis
Unless expressly agreed to the contrary in writing, all productions are made on a fixed cost basis and not on a cost plus basis. Cost breakdowns and budgets are estimates and not quotations. They are supplied merely to illustrate assumptions by which the agreed or estimated total is calculated. International Creative Services (ICS) does not warrant or represent that particular costs will be incurred or that costs will be incurred at particular levels. A failure by International Creative Services (ICS) to incur a particular cost does not prevent International Creative Services (ICS) from allowing for that cost when charging the agreed or estimated total. International Creative Services (ICS) is entitled to adjust and reallocate the costs that make up the agreed or estimated total. Wherever applicable, estimates provided by the International Creative Services (ICS) will include, as separate items, estimates of GST and any other charges or levies. In most cases the budget is relative to a creative treatment or reference for quality and style and changes to agreed creative parameters may affect the quote also and ICS reserves the right to re-quote should this occur. As a Fixed Cost production provider ICS is not required to be audited, however for Cost Plus projects ICS will provide a full inventory of costs and is subject to audit.
Once a budget is approved there is no right to refund or change of the estimate unless a revised scope of work is agreed. At times ICS will notify the client of some costs that will be refunded if not used as a way to keep supplier margins down. These costs will be subject to reconciliation at the end of the job and refunded or substantiated where agreed.
Any applicable royalties for concepts, music rights, voice talent, stock footage or performance talent will be included in the estimate and scope of work including any limitations to the term and usage noted. If you intend to use the work outside this agreement or need additional elements than specified in the scope of work then additional fees and royalties will apply. All estimates exclude rights for music, talent, voice over, stock footage, image use, concept or other royalties unless specifically specified in the quote.
Archiving & Retrievals:
International Creative Services (ICS) will output masters in either digital file (ie. .mov/mpeg), Digibeta or DVD format depending on the final output format required for the project. If you require copies of these masters for your own records or other purposes that are not included in the original quotation, this should be notified to the Producer at the outset of a job so allowances can be made for additional copies in the scope of work. Access to these files or masters at any time after the project has been closed may incur fees for retrieval, compression and re-mastering on top of the individual output request.
Upon delivery of the completed project and payment of the final invoice, International Creative Services (ICS) will grant to the client a perpetual non-exclusive royalty free license for the use of the completed work (with exception of any work that has specific license terms such as concept, stock footage, music, voice overs and so on). International Creative Services (ICS) or the relevant suppliers hired by ICS retains all rights in the source material such as Obj files, project files, images, After Effects files, flash source files, and other software, code or visual elements, except where that material has been supplied by the client. International Creative Services (ICS) or relevant suppliers may elect, at their sole discretion, to release this material to the client for use by a third party, provided that International Creative Services (ICS) is given the first right to quote on additional works and that any royalties and copyright fees have been otherwise paid. Sometimes the working files involve proprietary software or textures that cannot technically be used by other parties anyway and so this clause protects against the possibility for this. Any fees for duplication or transfer of the material are borne by the client or the third party. International Creative Services (ICS) retains the rights to use the completed project for marketing purposes online and in printed materials or for award entries.
Project completion will occur upon client sign-off, or 14 days following written notice to the client of all Scope Items being fulfilled.
Where International Creative Services (ICS) is unable to complete a Scope Item because of missing assets, or requirements not met by the client, International Creative Services (ICS) will notify the client in writing. Project will be considered complete 14 days following this notice if no remedial action is taken by the client.
Payment of the first 25% and all talent and talent on costs is required on client acceptance of quote, before major work commences, not later than 10 days after approval to commence. A second 25% instalment payment is due 7 days prior to the first day of filming (cleared in the bank). Any talent fees applicable will be invoiced additionally prior to shooting. A 25% instalment payment is due within 7 days of delivery of the final master or 7 days following receipt of the 3rd instalment invoice. The final 25% payable 30 days from supply of the final work/s or receipt of the final invoice whichever is the later. No work can commence until the first 25% payment is received and the shooting cannot occur until the 2nd 25% instalment is cleared by the applicable banks. This may need to be scheduled in to accommodate your internal processes. International Creative Services and/(ICS) reserves the right to post-pone the project if conditions are not met.
If there are issues regarding these payment terms International Creative Services (ICS) is often willing to discuss alternative payment terms for regular clients providing it is agree up front and in writing. All costs quoted are in $AUD Australian dollars unless specified otherwise. You must pay interest on all amounts outstanding for more than 30 days at the rate of 2% per annum above the annual overdraft interest rate charged by ICS’ bank, compounded on a daily basis.
The estimate and scope of work excludes any legal fees or other approval body fees, unless specifically requested and noted. Any other exclusions or changes to these terms will be noted on the specific scope of work and will supersede any conflicting terms in these standard terms of business. Any allowances for weather contingencies or for negated shoot days are excluded. See also Weather Conditions.
You must pay International Creative Services (ICS) further fees if a production is frustrated, delayed or cancelled due to inclement weather, a contingency beyond the control of International Creative Services (ICS), or some other force majeure event. Such contingencies or events include, but are not limited to earthquakes, wars, floods, injury, illness or non-appearance of anyone or any item arranged by the client, and delay or failure of delivery of goods or services to be supplied by you, whether on- camera product, vehicles or otherwise. In such circumstances, you must, in addition to all other agreed or stipulated payments, pay International Creative Services (ICS):
(a) in the case of weather, the daily weather cost specified by ICS in advance or supplied to you on request; or
(b) in all other cases, the direct costs incurred by ICS in respect of the delay in question.
In either case, the costs may include mark-ups and other fees up to 25% loading. A delay or postponement for more than 30 days, which is not caused by a force majeure event, is deemed to be a cancellation. International Creative Services (ICS) warrants to take all due care to avoid a weather day, to provide alternative options to filming if available, to rationalize shooting, to check weather forecasts and to include the client in decisions regarding weather problems where are available and accessible in time. Please note that some conditions prevent filming due to safety issues, but some may be relevant to creative needs of the communication such as appearing as if it is one day or the hero product is presented adequately. In any situation a representative of your company will be advised of options and give approval before any costs are incurred.
Except as required by law or for the purposes of producing the Production, International Creative Services (ICS) must not use or disclose any information that is confidential to you or your client. If International Creative Services (ICS) discloses confidential information it must notify the disclose that the information is confidential to you or your client.
International Creative Services (ICS) will comply with all occupational health and safety laws applicable to it in connection with the Production. Your agreement with International Creative Services (ICS) is made in the Australian State in which International Creative Services (ICS) has its principal place of business and your agreement is governed by the law of that State. You submit to the non-exclusive jurisdiction of the courts of that State in any dispute with International Creative Services (ICS) .
As a condition of working with International Creative Services (ICS) you will comply with all safety requirements explained to you prior to or during the production.
CURRENT AS AT FEBRUARY 1ST 2013
General Supplier Terms available Here, or as agreed in writing before engaging with us