Terms and Conditions - Magnetic Digital Pty Ltd
Magnetic Digital Pty Ltd t/a magnetic business media is pleased to set out our Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Campaign/Proposal/Quote/Production Estimate (in whatever format or manner presented) supplied to you form the contract between us for the provision of Magnetic Digital Pty Ltd services.
1.Our Role:
1.1. The Services: magnetic business media (mbm) will provide the services described in the Campaign/Proposal/Quote/Production Estimate as presented. As the campaign progresses, it may be that the scope of the required work changes. Where this is the case, mbm will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Campaign/Proposal/Quote/Production Estimate, which may be necessary.
1.2. Information: To maximise mbm effectiveness we must work with you as a team. Often mbm work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, mbm will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Incidentals: While broadly, our approach in general terms, mbm compresses video production content processes on your brand to single day, single location shoots (also as specified in your proposal / agreement). If additional and specific required and requested support and or production is required, this will be discussed on the request and charged to the client at standard rates.
1.4. Force Majeure: mbm shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside mbm’s reasonable control.
2.Payment Terms:
2.1. Payment Terms: Invoices shall be settled by bank transfer into mbm’s nominated bank account within 30 days of the date on the invoice unless agreed / listed otherwise. mbm retains ownership of all work until full payment has been made. NOTE, work does not commence on any aspect of the Campaign/Proposal/Quote/Production until the commencement payment has been received.
2.2. Other Specialist Services: If required, mbm may, if you instruct us, to seek specialist services on areas outside our expertise for other aspects of the campaign with you. The costs of such services will be passed on to you the client and will be quoted accordingly.
3.Scoping:
3.1. The scope of the services is reflected in the Campaign/Proposal/Quote/Production Estimate as presented. Where the client signs on and commences the Campaign/Proposal/Quote/Production, this is deemed approved. Any changes beyond the Campaign/Proposal/Quote/Production estimate will be handled as a new update and priced accordingly.
4.Content:
4.1. Content Images and Video: mbm will at times require necessary text and graphic materials that help make up the content of the work we undertake. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word or Google Doc. document. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text.
4.2. mbm will gather and create much of the video required. At times, we may prompt and guide you to assist in recording some very specific footage to support a marketing idea to execute in a collaborative approach. Client supplied video should always be in the highest resolution for best use purposes. 4K and 30 FPS setting on phone or cameras is required. mbm will assume that all video footage and those featured in it, supplied to us are owned by the Client and consent for people in it for use. Any stock footage provided to us by the Client, will also be assumed to be purchased and correctly licenced for use.
4.3. mbm will gather and create much of the imagery, required. Any client supplied images should always be high-res images for best use purposes. If they are solely for use on the web, then lower resolution images are acceptable. mbm will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.
4.5. You grant mbm permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify mbm from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5.Confidentiality:
5.1. Confidentiality: Save as required by law, mbm will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. mbm may, however, disclose your documents and affairs to:
(i) such of your other service providers as you inform mbm are involved in any assignment on which mbm is instructed;
(ii) mbm’s affiliates or related parties; and
(iii) any other service provider to whom mbm may properly delegate aspects of any assignment in order to provide a full range of services to you.
6.Intellectual Property:
6.1. Freedom to use Ideas and IP: mbm may develop or use for other clients, any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) shall, upon you paying mbm in full for the relevant materials, be yours and mbm property, except to the extent that any intellectual property rights therein have been reserved by mbm or third parties engaged or employed by mbm.
In the case of the Franchise Everything podcast content, the Podcast logo is to always remain and not be obscured or removed. Video files of the podcast will be provided to the client 3-4 weeks after published in line with it’s staggered release calendar.
For clarification, at times there is slight cross over with franchisebuyer.com.au domain hosted content material, which is not dual owned content, and is solely owned by Magnetic Digital Pty Ltd. For example, but not limited to franchise tours, editorial articles and the like. This content will be noted.
6.3. Portfolio Rights. mbm retain the right to showcase your project on their websites and design portfolios for the sole purpose of promoting our work.
6.4. Working Files and Copyright. mbm owns the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, edit files, design elements, infographics, fonts and imagery. Working files are not released as part of our projects.
7.0. Indemnity:
7.1. All services may be used for lawful purposes only. You agree to indemnify and hold mbm harmless from any claims resulting from your use of our service that damages you or any other party.
8.0. Liability:
8.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9.Variation:
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.
