Alba Prime Pty Ltd
Terms & Conditions
Agreeing via email to a quote, or payment of deposit for the production, is deemed acceptance of these terms and conditions and will be taken as intent to proceed with a video project.
Customers are required to agree to the following terms and conditions before proceeding with a video project. Any desired amendments are to be sent in writing prior to the commencement of a project for consideration.
1. Video Production Terms & Conditions Definitions
(a) Customer means any person or entity requesting Alba Prime Pty Ltd to provide Services.
(b) Agreed Fee means the fees estimated by Alba Prime Pty Ltd in any quotation once accepted by the Customer.
(c) Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), videos, films, footage, props and equipment provided by the Customer to Alba Prime Pty Ltd for the purposes of Alba Prime Pty Ltd supplying the Services.
(d) Raw Footage means master footage recorded by Alba Prime Pty Ltd as part of provision of the Services.
(e) Services means video production, photography, digital recording, and/or post production services.
(f) Record means capturing video, photos/images, audio using a digital device and storing the files onto a storage medium.
(g) Project means video production in its entirety.
(h) Terms means these Video Terms & Conditions.
2. Application of Terms
These Terms apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Alba Prime Pty Ltd with any Customer in relation to the provision of Services by Alba Prime Pty Ltd.
All work carried out by Alba Prime Pty Ltd is on the basis that the Customer has agreed to these Terms.
3. Fees and Payment
(a) The Customer shall pay the Agreed Fee in accordance with the quote or any other pricing document provided by Alba Prime Pty Ltd.
(b) In addition, the parties may separately agree in writing from time to time on the fees that Alba Prime Pty Ltd will charge for providing a particular service requested by the Customer.
(c) Alba Prime Pty Ltd shall issue the Customer with Tax Invoices upon the completion of the Services or a stage of the Services.
(d) Alba Prime Pty Ltd may require the Customer to pay an initial deposit, being part of the Agreed Fee, prior to commencing the Services, with the amount of such initial deposit to be determined by Alba Prime Pty Ltd in its discretion. No work or concepts will be started or delivered until the deposit payment has cleared.
(e) The balance is payable once the Customer has approved the project works, or if the Customer does not respond with changes or supply media for Alba Prime Pty Ltd to complete the project, within 14 days after any proof has being supplied, a final balance invoice will be then be issued and due within 7 days of invoice date. Alba Prime Pty Ltd requires payment in full before final delivery of product to the Customer, unless other arrangements have been entered into.
(f) The fees shall be exclusive of GST unless otherwise agreed in writing.
(g) In addition to the fees, Alba Prime Pty Ltd may charge the Customer for disbursements incurred by it on behalf of the Customer in the course of providing the Services, including payments to third parties providers. Such disbursements may be included in invoices for the Services and/or invoiced to the Customer separately on a monthly basis (or at such other time as Alba Prime Pty Ltd determines).
(h) The Customer shall pay Alba Prime Pty Ltd on the terms set out in the quote or Tax Invoice (as applicable).
(i) Payment shall be made by transfer of funds into Alba Prime’s bank account set out on the Tax Invoice or as nominated by Alba Prime Pty Ltd in writing from time to time.
(j) Where the Customer fails to pay monies owing under these Terms by the due date for payment, Alba Prime Pty Ltd shall be entitled to suspend the delivery of the Services to the Customer until the Customer has paid all monies due and payable.
(k) In the event of any payment or part thereof payable to Alba Prime Pty Ltd remaining unpaid after a period of fourteen (14) days from when it became payable, then:
i. Alba Prime Pty Ltd may charge interest on the unpaid amount at the rate of two per cent (2%) per annum above the rate set out pursuant to Section 2 of the Penalty Interest Rates Act 1983 (Vic) commencing from the date the payment became due and continuing during the period such unpaid balance remains unpaid; and
ii. Alba Prime Pty Ltd shall be entitled to compensation for its losses arising from the suspension of the Services under this Clause, including but not limited to recovery of lost profit, wages, fees to contactors and any other out of pocket expenses incurred.
iii. The Customer will be liable for any legal costs incurred by Alba Prime Pty Ltd in the recovery of unpaid invoices on an indemnity basis.
4. Proofing and Changes
Each video file provided to the Customer will be referred to as a “Deliverable.”
Each Deliverable has an allowance of up to two (2) revisions after the first draft provided (“Version 0”).
The approval process may take place over email, or messaging platforms with chat logs (eg. Slack, Microsoft Teams).
Approvals/edit requests sent over SMS messaging or phone calls are not accepted.
The Customer can provide feedback or edit changes through email or by using a video markup service such as Dropbox.
The process after filming, then providing draft(s) for Customer approval/feedback is as follows:
(a) After filming, Alba Prime Pty Ltd will provide the Customer with an initial draft of the Deliverable(s) for approval (“Version 0”). These file(s) are to be used solely for the purpose of verifying that the supplied edit requests have been correctly implemented.
(b) The Customer must then notify Alba Prime Pty Ltd within fourteen (14) days, either approving the Deliverable(s) or listing all proposed edits in one instance for the “Version 0” files.
(c) If edits have been requested by the Customer on “Version 0” files, Alba Prime Pty Ltd will implement the edit requests and will provide the Customer with an updated version of the Deliverable(s) incorporating the requested changes (“Version 1”). These file(s) are to be used solely for the purpose of verifying that the supplied edit requests have been correctly implemented.
(d) The Customer must then notify Alba Prime Pty Ltd within fourteen (14) days, either approving the Deliverable(s) or listing all proposed edits in one instance for the “Version 1” files.
(e) If further changes are required on “Version 1” files, the Customer may request additional edits. Alba Prime Pty Ltd will then provide the Customer with a final version incorporating these changes (“Version 2 Final”), thus completing the editing obligations as outlined in the quote. These file(s) are to be used solely for the purpose of verifying that the supplied edit requests have been
(f) Changes are variances from the supplied or agreed script. Changes requested by the Customer may be liable to additional charges from Alba Prime Pty Ltd. A Change is: new footage, new titles, new order of edit points, a new voice over and generally anything that is new to the supplied script/brief or story board.
If new footage is required to be captured, this will need to be quoted for separately by Alba Prime Pty Ltd.
(g) Alba Prime Pty Ltd may provide the Customer with a selection of voiceover candidates.
The Customer will choose one voiceover artist from these options. Once the Customer has made a selection, that voiceover artist will be engaged to record the necessary audio.
If the Customer decides to change the voiceover artist after the recording process has begun, and additional recording sessions are required, the Customer will be liable for any additional costs incurred for re-recording the voiceover.
5. Cancellation
(a) The Customer may request to reschedule the agreed service date. Alba Prime Pty Ltd will accommodate rescheduling requests made at least 14 days (2 weeks) prior to the originally agreed date, without additional charges, subject to availability. Rescheduling requests made within 14 days of the agreed date may incur additional fees at Alba Prime Pty Ltd’s discretion.
(b) If the Customer requests a cancellation (as opposed to rescheduling), Alba Prime Pty Ltd may accept or reject this request at its sole discretion. If Alba Prime Pty Ltd accepts the cancellation request, the following terms apply:
1. Any deposit paid by the Customer is non-refundable.
2. For cancellations requested more than 48 hours before the agreed service commencement date, Alba Prime Pty Ltd may charge up to 50% of the Agreed Fee, in addition to any costs incurred in securing equipment, resources, or other expenses.
3. For cancellations requested within 48 hours of the agreed service commencement date, Alba Prime Pty Ltd may charge up to 100% of the Agreed Fee, in addition to any costs incurred in securing equipment, resources, or other expenses.
4. If, at the time of cancellation, Alba Prime Pty Ltd has not yet commenced the Services but has incurred labour costs, ordered or purchased materials, or engaged third-party services, the Customer remains liable for all such costs incurred.
6. Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for Alba Prime Pty Ltd to record at a particular venue, location or event.
7. Customer Obligations and Acknowledgements
The Customer acknowledges and agrees that:
(a) Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Two rounds of Customer revisions are included in each quotation.
(b) If the Customer instructs Alba Prime Pty Ltd that significant changes and/or revisions to the scope of the Services described in a quotation are required then Alba Prime Pty Ltd shall be entitled to charge an additional fee based on their standard post production/editing/or video length rate.
(c) Where the Services include photography, the photographs will be provided to the Customer in high definition and the Agreed Fee includes basic editing only (e.g. exposure and white balance). Any additional editing requested by the Customer will be an optional extra that is subject to additional fees.
(d) Editing a video, image, or audio and the production of finished works may include elements of artistic expression and interpretation. Alba Prime Pty Ltd reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works.
(e) Once the Customer has provided approval of the finished works, the re-editing of commissioned works is offered as an optional extra. A quotation for re-editing will be provided by Alba Prime Pty Ltd on request. If the Customer rejects the captured footage and/or images after it has been captured and/or edited, unless it is an obvious mistake or poor workmanship by Alba Prime Pty Ltd, then a full re-shoot and editing costs will apply.
(f) Alba Prime Pty Ltd will have a lien on Materials provided by the Customer; and no title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Alba Prime Pty Ltd will be transferred to the Customer until the Customer pays all amounts due to Alba Prime Pty Ltd in full.
(g) Upon payment of all outstanding invoices due to Alba Prime Pty Ltd, the Customer is entitled to receive the finished works, but has no entitlement to the working files (project source files, and any other digital assets used to complete the project) of Alba Prime Pty Ltd.
(h) The content, views and opinions expressed in the finished works produced for the Customer by Alba Prime Pty Ltd are solely those of the Customer.
(i) The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Alba Prime Pty Ltd, its employees and subcontractors.
The Customer further agrees that they must appoint a person who has complete authority to provide instructions to Alba Prime Pty Ltd and respond to requests for feedback until Alba Prime Pty Ltd has ceased providing Services to the Customer. The person appointed must be available to respond to communications from Alba Prime Pty Ltd on every day which is a business day in Australia.
8. Customer’s Materials
(a) The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s video. The Customer warrants to Alba Prime Pty Ltd that it holds full right and title to any intellectual property and inventions in the Materials provided by the Customer and that the intellectual property or invention will not infringe any third party intellectual property rights.
(b) The Customer indemnifies Alba Prime Pty Ltd from any possible liability for the use of any Customer-supplied media in the Customer’s video and shall hold Alba Prime Pty Ltd harmless from any claims or legal actions related to the content of the Customer’s video.
(c) All Materials are used and stored by Alba Prime Pty Ltd solely at the Customer’s risk and Alba Prime Pty Ltd is under no obligation to insure any Materials.
(d) Neither Alba Prime Pty Ltd nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials. Alba Prime Pty Ltd will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Alba Prime Pty Ltd even though such person is present during and involved with the performance of the Services. The Customer must retain a master copy of all materials delivered to Alba Prime Pty Ltd for the purpose of the project production.
9. Project Delays and Liability
(a) Any estimate of the date by which Alba Prime Pty Ltd will complete any part of the Services is contingent upon the Customer providing complete instructions to Alba Prime Pty Ltd and fully cooperating with Alba Prime Pty Ltd until Alba Prime Pty Ltd has ceased providing Services to the Customer.
(b) Alba Prime Pty Ltd cannot be held liable for project delays which are caused by lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of Alba Prime Pty Ltd.
10. Sub-Contracting
Alba Prime Pty Ltd reserves the right to sub-contract any Services that Alba Prime Pty Ltd has agreed to perform for the Customer as it sees fit.
11. Talent/Background persons/Staff
(a) If the Customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the customer to obtain the necessary permissions. Alba Prime Pty Ltd cannot be held liable for any prosecution from any person that appears without permission.
(b) If re-editing or shooting is required to remove such persons it shall be at the Customer’s expense. Alba Prime Pty Ltd will at the request of the Customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.
12. Intellectual Property
(a) The Raw Footage, video files, images, audio files and edited video files including all copyright remain the property of Alba Prime Pty Ltd until full payment is made for the Services.
(b) Where services remain unpaid or in the event that a final agreed payment is not made, Alba Prime Pty Ltd reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
(c) Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Alba Prime Pty Ltd will remain the property of the author or legal entity owning the copyright.
(d) Alba Prime Pty Ltd does not retain intellectual property of the finished video. Once paid for, all final edits become the property of the customer.
(e) Where one off licenses are paid for various materials used in the production, or if the material is from a Alba Prime Pty Ltd Subscription supplier, the customer must re license the material and/or obtain permission form Alba Prime Pty Ltd or pay for another license if they intend to reuse the materials in another production
(f) Alba Prime Pty Ltd will not be held liable for breaches in material copyright caused by the Customer.
(g) Alba Prime Pty Ltd reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Alba Prime Pty Ltd.
(h) Alba Prime Pty Ltd has the right to use edited or unedited video files produced pursuant to these Terms for promotional or commercial purposes, unless an alternative arrangement is made between Alba Prime Pty Ltd and the Customer. The copyright of such segments will belong exclusively to Alba Prime Pty Ltd.
(i) Alba Prime Pty Ltd retains the right, unless instructed otherwise in writing by the Customer, to display Customer’s videos or parts of videos on the Alba Prime Pty Ltd website, YouTube, Vimeo or similar public video broadcast sites.
13. Raw Footage and Disposal
(a) Raw Footage, video files, photographs, audio files and edited video files will be retained by Alba Prime Pty Ltd for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, Alba Prime Pty Ltd reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
(b) The Customer may have Raw Footage transferred to their own supplied hard disk, or uploaded to an online service approved by Alba Prime Pty Ltd, as required. The Customer must pay Alba Prime Pty Ltd an additional fee for this service, including any hardware or related costs that Alba Prime Pty Ltd may need to incurr.
14. Failure of Equipment or illness of Alba Prime Pty Ltd Employees and Contractors
Whilst all reasonable care and preparation is taken for videography, photography and editing, Alba Prime Pty Ltd will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Alba Prime Pty Ltd or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
15. Right of Refusal or Termination
(a) Alba Prime Pty Ltd reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Alba Prime Pty Ltd is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.
(b) If Alba Prime Pty Ltd terminates the provision of Services then any Deposit paid by the Customer is non-refundable. Alba Prime Pty Ltd may seek compensation from the Customer for any loss or damage suffered.
16. Limitation of Liability
(a) The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
(b) Except to the extent of Non-excludable Rights, Alba Prime Pty Ltd will not be liable for: Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Alba Prime Pty Ltd in writing, and the liability of Alba Prime Pty Ltd for any such matters is hereby excluded.
(c) Where (and to the extent permitted by law) the liability of Alba Prime Pty Ltd for a breach of a Non-excludable Right can be limited, Alba Prime Pty Ltd’s liability is limited, at Alba Prime Pty Ltd’s option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again.
(d) Notwithstanding any other provision, Alba Prime Pty Ltd is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for: Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
17. Force Majeure
If Alba Prime Pty Ltd cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, pandemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Alba Prime Pty Ltd’s obligations under these Terms will be suspended for the duration of the event or waived to the extent applicable. Alba Prime Pty Ltd shall not be liable to the Customer for any loss or damage arising from any such delay.
18. Privacy
All information received by Alba Prime Pty Ltd from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
19. Amendment
Alba Prime Pty Ltd reserves the right to amend these Terms at any time. Amendments will be effective after the Customer has been given 7 days written notice.
20. Dispute Resolution
Any dispute concerning these Terms or their interpretation shall be referred for mediation to a mediator as may be agreed by the parties or failing agreement then by a suitably qualified and experienced mediator appointed by the president (or his/her delegate) of the Law Institute of Victoria (or such like or succeeding institution). This provision shall not prevent a party from applying to a competent court for urgent injunctive or other relief.
21. Miscellaneous
(a) If a party is in default pursuant to these Terms, then any delay or other indulgence granted by the non-defaulting party shall not release the defaulting party either from liability for such default or from needing to comply with their obligations set out in these Terms, and the non-defaulting party shall be entitled to exercise all of their rights deriving from these Terms notwithstanding such delay or other indulgence.
(b) The provision of any condition in these Terms which is not or cannot be satisfied by the date of termination will survive and will not in any way be removed or be satisfied or determined on the date of termination.
(c) The obligations imposed and the benefits conferred by these Terms are to be binding upon and inure to the parties and each of their respective successors and assigns, but all rights and benefits under these Terms shall not be assigned unless with the prior written consent of the other parties.
(d) Any provisions of these Terms which can, and are intended to, operate after termination or cessation or transfer of these Terms remains effective.
(e) If any provision of these Terms does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of these Terms. This approach is to be used equally where any court is construing these Terms and finds an invalid provision.
(f) These Terms are signed by and on behalf of the Alba Prime Pty Ltd and the Customer by persons who acknowledge that they have the authority to make an agreement on behalf of their respective companies or businesses.
(g) These Terms constitute the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it and in connection with their relationship in respect to the subject matter of these Terms, whether written or verbal.
(h) These Terms shall include all terms implied by operation of law.
(i) The laws of the State of Victoria shall apply to these Terms.