T’s & C’s
What you need to know
Terms and Conditions
Services are provided under the following terms and conditions
OWNERSHIP OF RECORDED MATERIAL
The recorded Master Tapes (Raw Footage), Video Files, Audio Files and Edited Video Files, including all copyrights will remain the property of AVRA Communications until full payment is made for commissioned works.
For unpaid commissioned works or if a final agreed payment is not made, AVRA Communications 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.
The copyright for all and any music and lyrics or musical composition included or recorded in the edited video or recorded by equipment used by AVRA Communications will remain the property of the author or legal entity owning the copyright.
SPECIAL PROVISION FOR OWNERSHIP OF RECORDED MATERIALS
AVRA Communications reserves the right to suspend, interrupt or terminate the recording of any commissioned event, in favour of recording any anomalous or newsworthy event that may occur, before, during or coinciding with the recording of any commissioned event. The copyright of such recordings will belong to AVRA Communications. AVRA Communications 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. AVRA Communications 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.
AVRA Communications 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 AVRA Communications.
AVRA Communications reserves the right to use five (5) minutes of edited or unedited video from all productions or commissioned works for promotional or commercial purposes. The copyright for the segments will belong to AVRA Communications exclusively. The segments will be used on their website, sent to clients on a sample DVD or Blu-ray disc, or sold.
DISPOSAL OF RECORDED MATERIALS
Master Tapes (Raw Footage), Video Files, Audio Files & Edited Video Files will be retained for up to two (2) months only from the date of delivery and will then be disposed of, deleted, or erased. If at the end of two (2) months commissioned works have not been purchased, AVRA Communications reserves the right to dispose of all tapes, video and audio files, recorded materials and finished works.
ILLNESS OR FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for video recording and editing, AVRA Communications shall not be liable for any compensation except for the return of the original deposit, should a failure occur for all or any of the electronic equipment used or due to illness of the operator or person(s) employed by AVRA Communications or because of an unforeseen event or by any dispute regarding the ownership of recorded materials. AVRA Communications 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 AVRA Communications, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
RESOURCES SUPPLIED FOR POST-PRODUCTION
Whilst every care will be taken with photographs or other materials supplied by the client, no responsibility is accepted for loss or damage caused by circumstances beyond the control of AVRA Communications.
To maintain strict deadlines, any resources to be supplied by clients to be used in postproduction must be submitted by the client prior to the event date.
RIGHT OF REFUSAL OR TERMINATION
AVRA Communications reserves the right to terminate the recording of any event, where the circumstances change such that the video operators, or any person(s) employed by AVRA Communications is placed in actual or apparent danger or that there is a possibility that all or any of the equipment used may be damaged.
Should this situation occur, the ‘booking deposit’ is non-refundable. AVRA Communications also reserves the right to seek compensation for any damage to property or equipment.
AVRA Communications reserves the right to refuse service to any clients with an improper attitude.
VENUE LOCATION FEES & PERMISSIONS
It is the responsibility of the client to meet any fees or to ensure that permission is sought and obtained at all venues and locations for the video recording of events.
SECURING AN EVENT DATE
A 60% ‘booking deposit’ is required to secure a project. The balance of the payment is required in the form of cash, cheque, or direct deposit within 30 days of receipt of the finished product, DVD(s), Edited or Raw Video Files. The ‘booking deposit’ is refundable if notice of cancellation is given three (3) weeks prior to the first scheduled shoot/edit session.
The client acknowledges and accepts that editing an event and the production of finished materials (i.e. printed DVD disks and covers) may include elements of artistic expression and interpretation. AVRA Communications reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of printed materials. The client acknowledges that some changes may not be possible.