STORYFRONTIER TERMS & CONDITIONS
Within the following terms and conditions, ‘Storyfrontier Sdn Bhd’, is herein referred to as the ‘Production Company’, and the Customer whose details appear in the Quotation and/or the Invoice is referred to as the ‘Customer’. The term ‘Deliverables’ refers to all service(s) and product(s) outlined in the Brief and/or Quotation which the Production Company has agreed to supply.
APPLICATION OF THESE TERMS
In receiving a Quotation from the Production Company it is deemed that the Customer has read and agreed to the following terms and conditions. These terms and conditions shall apply in respect of provision of the stated services in the Quotation. Except to the extent that these terms and conditions are varied by mutual consent, they together with the Brief and Quotation shall constitute the entire Agreement and contract between both parties and shall prevail over the Customers’ own terms and conditions. By signing of the Production Company’s Quotation, will constitute Agreement to these terms and conditions by the Customer.
All Quotations are free and valid for twenty one (21) days after which time the Production Company reserves the right to amend pricing. The Production Company may withdraw a Quotation at any time. The Customer can accept a Quotation by signing a copy of it and sending it to the Company’s email address or delivering a hard-copy. A full Brief and Quotation should be signed off by the Customer before any work begins.
Any Quotation that the Production Company gives is based on the information that was provided to the Production Company at the time of Quotation. If that information is later found to be inaccurate or there is a change to the nature or scope of the Deliverables or if circumstances change, the Production Company may charge an additional amount calculated on a time and materials basis at a rate equal to the Production Company’s rate card.
Unless the Quotation and/ or Invoice stipulates differently, the Customer agrees to pay as follows:
- a deposit of 50% of the total value of Quotation upon the Customer accepting and signing the Quotation;
- a further 30% of the total value of Quotation within 7 days upon completion of filming; and
- the final 20% of the total value of Quotation within 7 days upon supply of the final Deliverables.
If the Customer fails to pay the Production Company the amounts stated above in any Invoice on or before the due date for payment, then without prejudice to any other rights the Production Company may have against the Customer, the Production Company will be entitled to cancel or withhold supply of the Deliverables to the Customer until the Customer pays all amounts due to the Production Company.
The Production Company reserves the right to watermark and timecode any artwork or footage so as to prevent unauthorised usage or duplication and to ensure payment.
Until all payments are made in full, the copyright and ownership of all edits and materials remains the full copyright and ownership of the Production Company. Any material published that has not been fully paid for, will be copyright-claimed by the Production Company to the publishing platform.
Monies owed more than thirty (30) days after due date will also incur late payment interest at the rate of 2% interest per month until such time as the balance is paid in full.
Payment is to be made as bank transfer into the nominated account as stipulated in the Quotation. Cash or Cheque are also acceptable methods of payment.
PROJECT DURATION AND DEADLINES
In order to ensure best time management, the Production Company and the Customer shall together agree the amount of time required to complete the Project before commencement of Project. Key timings shall be recorded in the Quotation under the fields: ‘Project Start Date’, ‘Production Start Date’ and ‘Project Deadline’. Agreement of these dates shall be noted by signature of the Quotation by both parties.
If any deadline or due date is missed by more than seven (7) days due to delays by the Customer, then the Production Company will be entitled to cancel the Project, keep any payments thus made and/or withhold supply of any Deliverables to the Customer until the Customer pays all amounts due to the Production Company.
Any deadlines required by the Customer must be recorded in the Quotation. The Production Company is not obligated to meet any other deadlines imposed after the signature of the Quotation or any deadline which subsequently becomes hard to meet based on delays borne by the Customer. If the Customer wishes to shorten the originally agreed Post-Production timescales, this ‘fast-track’ service will be at additional cost to be borne by the Customer, and such an arrangement will be agreed in writing.
The supply of Deliverables as listed in the Quotation represents the end of the Production Company’s obligations. Further copies of the video required by the Customer fall outside the scope of this Contract and as such the Production Company is not obligated to provide them, but may do so at an agreed cost.
Working Hours – Working hours are calculated at either a Standard Day or a Half Day. A Standard Day shall mean a day shoot of 10 consecutive hours and a half day covers up to 5 consecutive hours. Overtime is calculated on a pro-rata basis. I.e. Total Production Costs ÷ 5 or 10 hours x total hours of overtime.
Travel Days – For any filming which requires a days travel or more, a Half Day production cost will be added for each travel day.
As stated in the Quotation, each project includes two (2) rounds of Customer feedback. The Customer shall provide feedback within fourteen (14) days from the date of the receipt of any artwork from the Production Company. Failure to do so shall result in the Production Company reserving the right to terminate the project and the Customer to forfeit all payments made so far by the Customer.
All feedback must be sent by the Customer to the Production Company in written format and electronically via email communication to the company email address. Receipt of feedback shall be treated as consolidated. Any further feedback after this point shall be treated as a separate round of amendments and is subject to additional charges. Additional rounds of amendments are charged from RM500+ per round, dependant on complexity.
Supply of all final Deliverables outlined in the Quotation shall be made available electronically via accessible download link provided by the Production Company after Project approval and payment in full. Delivery of final Deliverables will be in Full HD format (1920×1080 px) in mp4 format. Delivery in Ultra HD (4K) can also be made if agreed upon in advance. Amended artwork at all feedback stages will also be supplied via the same method.
The Project will be deemed to have been completed when the Customer has paid the remainder of the agreed Quotation total value and has received the Deliverables to a satisfactory level as described in the Quotation and Brief.
CHANGES TO THE SHOOTING SCHEDULE
In the event that the Customer wishes to change or cancel the filming date, the Production Company requires a minimum of 4 weeks’ notice. Failure to comply will result in the Customer becoming 100% liable for all costs associated with the originally scheduled dates.
DELAYS AND CANCELLATIONS
In the event that the Shoot is delayed or aborted due to the Customer’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the Quotation, no refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
If the Customer or its nominated Main Customer Contact is unavailable for consultation during the Project, or alters the terms of the Quotation to the extent that the Production Company is unnecessarily inconvenienced, the Production Company reserves the right to levy additional administrational charges. Such charges are not to exceed the original Quotation total value. Such actions on the part of the Customer may be but not be limited to; cancellation or repeated postponement of meetings at the Customer’s request, failures or excessive delays (ie: 1 week or more) to respond to written, electronic or telephone communication necessitating excessive expense on the part of the Production Company, postponement of the agreed filming day(s), or delay in providing agreed deliverables required by the Production Company as stated elsewhere in this contract.
In the event that Post-Production or the completion of the Project is stalled for more than 30 calendar days due to reasons directly attributable to the Customer, the Production Company reserves the right to levy additional administrational charges, the total of which shall not exceed the original Quotation total value.
If the Customer wishes to terminate the Project early, due to exceptional circumstances or breaches of this Contract, this must be agreed in writing with the Production Company.
In the event that the Project is delayed due to reasons directly attributable to the Customer, the Production Company, having set aside time to complete the Project under the original timescales, is not obligated to meet any original deadline, nor will the Production Company inconvenience other Projects and customers by attempting to make good any time lost due to actions on the part of the Customer. Any deadline requested by the Customer which the Production Company is unable to meet due to delays and reasons attributable to the Customer, will be endeavoured to be kept to but no guarantee can be made when other work is being carried out.
Quotations are inclusive of travel costs (excluding toll charges) incurred for the total of twenty (20) kilometres within the area of the Federal Territory of Kuala Lumpur only. Any additional travel costs incurred within/outside of the Federal Territory of Kuala Lumpur shall be added to the final invoice at the rate of MYR2.00 per kilometre plus any toll charges incurred therein.
The Customer undertakes to settle all out of pocket expenses (including but not limited to travelling, accommodation, food and beverages whilst on shoot) incurred by the Production Company and the same shall be added to the final invoice unless already agreed in the original Quotation. The Production Company shall in their best effort retain the receipts for any expenses incurred and inform the Customer in advance of any expenses where possible. Failure to retain any of the receipts due to reasonable factors shall not affect the Production Company’s right to claim for reimbursement from the Customer.
LIMITATION OF LIABILITY
The Production Company accepts no liability for any loss or damage that may arise from the supply of the Deliverables as specified in the Quotation. In the unlikely event of the Production Company being unable to supply the Deliverables liability shall be limited to the total invoice value – or monies already paid by the Customer.
It is the Customer’s responsibility to obtain all necessary permissions including but not limited to performances, location permissions, talent consent, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.
No liability will be accepted by the Production Company for any delays or failure to deliver the agreed product if caused by any element which is the Customer’s responsibility.
Unless otherwise stated in the Quotation, the Production Company retains copyright in all original material. Original material includes video recordings, graphics, soundtracks, photographs, printed material and any other design or artwork commissioned by the Customer in relation to the Quotation. The Customer may request a copy of the original material at an extra cost of 50% of the total production and post production costs.
The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Production Company to enable them to deliver the Deliverables. The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as it sees fit, unless otherwise agreed. The Customer agrees to indemnify the Production Company in the event of any breach of copyright claims being brought against the Production Company in respect of material or footage supplied by the Customer. The Customer’s right to use the material or footage arises only if the invoice relating to the grant of such a right is fully paid.
The Production Company shall be granted complete artistic judgement including in relation to the footage taken and the locations used. The Production Company’s judgement regarding the locations/poses and extent of footage shot shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the shots requested.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of god, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an Agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
LOSS OF DATA/ IMAGE FILES
The Production Company cannot be held responsible for the loss of data or image files due to circumstances beyond its control.
The Production Company reserves the right to subcontract any services that the Production Company has agreed to perform for the Customer without prior consent from the Customer.
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Production Company supplying the Deliverables.
Should the Production Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Production Company’s rights. By signing of the Quotation the Production Company, the Customer accepts these terms and conditions.