1. Interpretation

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Definitions

• Client/you – Refers to the client engaging XRIS Media’s services.

• Company/us/we/XRIS Media – Refers to XRIS Media Pty Ltd ABN 90 658 823 860.

• Service – The services provided to the client, including but not limited to video production, marketing, branding, and social media services.

• Work – Refers to any production material created, including video, animation, and related media.

• Service Fee – The fee charged for the services, as per the schedule or specific project agreement

 

2. Conditions of Use

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1. Ownership and Copyright

   • XRIS Media retains ownership of all created work until full payment is received. Upon payment, the client may use the final deliverables for agreed purposes. All copyright for stock and creative assets remains with XRIS Media or the relevant third-party provider.

2. Stock Materials

   • XRIS Media may use stock images, footage, or music for which it has rights. Clients are permitted to use these assets only within the delivered video framework and cannot reproduce them outside of this context.

3. Draft Review Process

   • First drafts will be provided for client review via a secure link. Final changes must be communicated in writing, and once approved, the final video will be delivered through Dropbox or Google Drive.

4. Additional Services and Equipment

   • Should the client require additional equipment, recording, or unique production requirements not outlined in the initial agreement, extra charges will apply. XRIS Media will arrange specialist contractors as needed with an additional agreement.

5. Storage of Final Products

   • XRIS Media will store the final approved video for 30 days post-delivery. After this period, XRIS Media may delete project files unless extended storage is requested in writing and paid for as per our fee schedule.

6. Client Compliance and Responsibility

   • The client must obtain all required permissions for location filming and ensure compliance with applicable laws, codes, and industry standards.

7. Service Interruptions and Technological Limitations

   • XRIS Media is not liable for interruptions due to unforeseen technological or system malfunctions.

8. Use of XRIS Media Branding

   • The client cannot use XRIS Media branding, logos, or marketing material without prior written authorization.

 

3. Warranty and Client Representations

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1. The client represents that all information provided to XRIS Media is accurate and truthful.

2. The client is responsible for obtaining all necessary permissions for any third-party material included in the video, including names, addresses, and images.

3. XRIS Media is indemnified against any legal actions arising from the client’s use of any content supplied to XRIS Media for production purposes.

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4. Term of Agreement

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• Unless otherwise specified in writing, the term of this agreement is 45 days from the date of final approval. The client is required to complete full payment within this period. If payment is not completed within 45 days, XRIS Media may:

• Impose a 2.5% monthly interest on the outstanding balance.

• Restrict the client’s use of any media or deliverables provided by XRIS Media until payment is completed in full.

• Cool off period is 28 days to change your mind for any specific reason.

 

5. Termination of Agreement

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1. Company Termination

   • XRIS Media may terminate the agreement due to client default or by giving 14 days’ written notice.

2. Client Termination

   • The client may terminate with 14 days’ written notice, incurring a 20% fee of the total project cost. Any work completed remains payable in full.

 

6. Effect of Termination

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• Upon termination, all outstanding fees remain due and payable, and the client must cease using any XRIS Media-created content unless payment has been completed.

 

7. Fees, Billing, and Refund Policy

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1. Fees and Payment Terms

   • The client agrees to pay the fees as outlined in the specific agreement or invoice. For most projects, a 50% payment is required upfront, with the remaining balance due upon final approval.

   • Certain packages or services, particularly those on sale or packages requiring specialized resources, may require full payment upfront to cover costs and liability. This requirement will be specified in the package details or contract.

   • Out-of-pocket costs, including but not limited to locations, models, specialized equipment (such as camera and lighting), and facilities, must be covered in full by the client before these costs are incurred by XRIS Media. These payments are essential to secure the necessary resources and mitigate associated liability.

2. Late Payment

   • Invoices not settled within 30 days of issuance will incur a 2.5% monthly interest on the outstanding balance. XRIS Media reserves the right to halt further services until full payment is received.

3. Refund Policy

   • Refund requests must be made in writing. If a refund is approved, a 20% deduction will be applied to cover administrative and service costs, and processing may take up to 6 to 12 weeks.

 

8. Limitation of Liability and Indemnity

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To the fullest extent permitted by law:

1. XRIS Media excludes all implied conditions, warranties, and is not liable for any indirect or consequential loss, including loss of opportunity or profits.

2. XRIS Media’s maximum liability for any claim related to services is limited to the amount paid by the client for those services.

3. The client indemnifies XRIS Media against any third-party claims arising from the client’s use of XRIS Media’s services or products.

 

9. Changes to Terms and Conditions

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• XRIS Media reserves the right to modify these terms and conditions at any time. Clients will be notified of significant changes, and the latest terms will be available on our website.

 

10. Assignment

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• This agreement cannot be assigned by either party without prior written consent.

 

11. Confidentiality and Intellectual Property

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1. Confidentiality

   • Both parties agree to maintain confidentiality over shared proprietary or confidential information, excluding information intended for public release.

2. Intellectual Property

   • XRIS Media retains rights over all raw footage, creative assets, and working files unless agreed otherwise in writing.

 

12. Governing Law and Jurisdiction

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• This agreement is governed by the laws of Victoria, Australia. All disputes shall be resolved within Victoria’s courts.

 

13. General Provisions

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1. Severability

   • If any provision of this agreement is deemed invalid, the remaining terms continue in effect.

2. Entire Agreement

   • This document, along with any signed project-specific agreements, represents the entire agreement between the client and XRIS Media.

3. Force Majeure

   • XRIS Media is not liable for delays or failures to perform due to causes beyond reasonable control, such as natural disasters or public emergencies.

 

For further questions or clarification, please contact XRIS Media at admin@xrismedia.com or 0412 216 165.

Dated 26 | 03 | 2021