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Terms & Conditions

(Last Updated January 2021)

1.0 – Booking Confirmation

1.1 A booking is considered confirmed when ELEV8 “Booking Confirmation” is sent by ELEV8 Production Studio. NOTE: Dates can not be reserved without payment.
1.2 Invoices will be issued once a technical brief has been completed. Payment is required in full to secure a single day booking. Quotes are valid for 7 days.
1.3 Production partners are required to provide a 50% deposit to secure dates with the remaining balance due before the commencement of the first day session.
1.4 ELEV8 will retain all files and content from the session until the balance has been settled.

2.0 – Cancellation or Postponement of Confirmed Studio Booking

2.1 Cancellations or postponement providing more than 14 days notice attracts a 25% fee. Credit will be provided on the balance redeemable within 90 days from the date of the invoice.
2.2 A 50% cancellation or postponement fee applies from 14 days up to 48 hours prior to cancellation/postponement of your scheduled session.
2.3 A 100% fee applies if a session is cancelled/postponed within 48 hours of the booking.

3.0 – Cleaning & Damages Terms

3.1 ELEV8 retains the right to charge a cleaning and damage fees in the event that there is any damage to the equipment, infrastructure or facilty. Including mistreatment of equipment and accidental damage.
3.2 This charge also pertains to smoking of any kind, as this is prohibited.

4.0 – Goods and Service Tax

4.1 All prices quoted are exclusive of Goods and Services Tax unless otherwise stated.
4.2 Prices are subject to addition of Goods and Services Tax and any other tax or charge imposed by any Government.
4.3 All such taxes are payable by the Client and will be added to the invoice by ELEV8 Production Studio.

5.0 – Payment Terms

5.1 Unless prior credit arrangements have been approved in writing, payment is required in full to secure your session date.
5.2 All materials, USB, SDXC, SSHD, and computer files/drives created at ELEV8 remain the property of ELEV8 until payment is received in full.
5.3 The Client will be liable for any fees, costs and expenses incurred by ELEV8 for any debt collection process.
5.4 Where credit terms have been agreed, payment is strictly 7 days from the date of invoice.
5.5 If an invoice is not paid within 7 days of receipt of invoice, ELEV8 may charge the Client interest on any unpaid amount.

6.0 – Refund Policy

6.1 Unless there is a technical fault with the recordings or an error occured that was within our reasonable control, ELEV8 does not offer refunds.
6.2 Outsourced services are subject to availability as at the time of booking. Service interruptions or out of stock supply may result in a substitute product. Refunds will not issued.

7.0 – Post-Production, Express Mastering, Render & Delivery

7.1 Once post production is complete and payment has been received in full, a copy will be delivered as a digital file to the provided client email address within 14 days, unless otherwise agreed in writting.
7.2 If delivered by post or courier, the client is responsible for these charges.
7.3 Delivery services such as, Australia Post and couriers are subject to additional delivery times.
7.4 Audio only product delivery is 3-5 business days.
7.5 Visual products delivery is 14 business days.
7.6 Express Turnaround products include digital delivery of the initial project edit within the stipulated time frame. Editing commences upon receiving all necessary media assets from the client. Additional revisions are digitally delivered within 48 hours of receiving revision notes from the client.

8.0 – General Terms of Use (AUDIO & VIDEO)

8.1 Raw Media: Refers to Audio & VIDEO (WAV, MP3) or Video (.MOV, .MP4) media that has been exported directly from the session and does not include any editing or processing.
8.2 Release Ready: Files delivered that have undergone Basic Editing will meet industry standards Files. Third party media assets such as stock music, sponsorship spots, intros/ outros, and bumpers are not included.
8.3 Basic Editing: This Involves the removal of obvious mistakes and/or errors, editing marked retakes, and trimming of start and end points.
8.5 Creative Editing (Audio & Video): Refers to all post production editing for both audio and video media beyond basic editing requirements. Edits are performed as per approved client creative brief.
8.6 Media Storage: ELEV8 will take every precaution to maintain a backup for 3 months from the date of recording. Note that retrevial of these backups will attract additional fees.

8.0.1 – General Terms of Use (LIVE)

8.0.2 Livestreaming: Includes audio & video streaming using built in streaming device. ELEV8 will make every effort to ensure an uninterrupted stream however can not take on liability for disruptions beyond our reasonable control.
8.0.2 Live Switching – Includes live editing of audio & video switching. Additional charges apply for a copy of raw  Professional Camcorder Footage, Media Transfer & Storage Devices.
8.03 Revisions: Refers to any amendments to a product that has undergone post-production. These are subject to the creative brief and are considered as minor adjustments. Significant changes from initial brief are not accepted as revisions and will be billed at an hourly post-production rate.

9.0 – Workplace Health & Safety

9.1 Clients and their representatives located on ELEV8 premises must comply with ELEV8 Employee Handbook.
9.2 ELEV8 reserves its rights to refuse use of any Client or Client representative’s equipment (including software) if, in ELEV8 Production Studio opinion, such equipment exposes ELEV8 property to risk of loss or damage, is unsafe.

10.0.0 – Indemnity Terms

10.0.1 The Client indemnifies ELEV8 and its employees against all and any losses, damages or claims by third parties howsoever arising in respect of any loss or damage to any property. Including but not limited to USB, SDXC, disks and media, corruption of data or computer systems and software. Breaches of intellectual property rights, personal injury or death, breach of contract or breach of law caused by an act or omission of the Client or its representatives is also covered.

10.1.0 – Damages Terms

10.1.1 The Client is liable for all and any losses, damages or claims in respect to any of ELEV8 property including breachs of ELEV8 intellectual property rights, personal injury, breach of contract or breach of law caused by an act or omission of the Client or its representatives.
10.1.2 To the extent permitted by law, ELEV8 is not liable for any losses, damages or claims arising out of or in connection with this contract.

10.2.0 – Losses Terms

10.2.1 Whilst every effort is made to ensure reasonable security, ELEV8 accepts no liability for loss, theft or damage to Client property or recording/backup media. All care but no responsibility will be taken during the process of transfer. ELEV8 equipment and specifications are subject to change without notice.

11.0 – Privacy and Personal Data Policy

ELEV8 Production Studio Pty Ltd (“ELEV8”, “our”, “we” or “us”) takes its responsibilities under Privacy and Personal Information Protection Act 1998 No 133 seriously.
We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data, and we are committed to protect the privacy of your personal data.
Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for. To read our full privacy and personal data policy click here; https://elev8studio.com.au/privacy_policy/

12.0 Copyright Policy – (Australia Only)

12.1 The Australian Copyright Act allows certain uses of content on the internet without the copyright owner’s permission. ELEV8 forfeights all liability with respect to copyright and encourages clients obtain independant advice prior to the use of any 3rd party content.
12.2 The publishing of content owned by an artist or record label may require independant release agreements to be entered into prior to distribution.

13.0 AUDIO Licensing Terms (Australia Only)

13.1 APRA AMCOS (Australian Prudential Regulation Authority) ELEV8 forfeights all liabilty with respect to licensing and encourages clients to contact APRA AMCOS directly.
APRA AMCOS is an Austalian music rights organisation representing songwriters, composers and music publishers. APRA AMCOS license organisations to play, perform, copy, record or make available artists music, and distribute the royalties to artists. For more information head to https://apraamcos.com.au/
Note: copyright and licensing are not the same thing, you may have a licese to distribute content but not have the right to distribute copyrighted content without having sought approval from the artist or record label directly.

CONTACT APRA AMCOS

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