Terms and Conditions
Zarco Creative Standard Terms and Conditions
These Terms & Conditions apply to all video production and related services provided by Zarco Creative, trading under Zarco Productions Pty Ltd (we, us, our).
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
1. Glossary and Definitions
In this Agreement, unless the context requires otherwise:
Agreement means these Terms & Conditions together with the Proposal.
Bump In means the period of time required to set up equipment, lighting, audio and cameras prior to the commencement of filming.
Call Time means the time at which the Client, crew, talent or contributors are required to be present and ready for filming.
Client means the entity named in the Proposal engaging us to provide the Services.
Client Materials means all information, content, logos, brand assets, scripts, copy, locations, access, releases, data or materials supplied or required from the Client to deliver the Project.
Client Representative means the single authorised person nominated by the Client to provide instructions, feedback and approvals on behalf of the Client.
Confidential Information means any information that is confidential by nature, including internal communications, unreleased campaigns, employee content, financial or strategic information.
Crew means personnel engaged by Zarco Creative to perform the Services, including producers, directors, camera operators, sound recordists, lighting technicians and assistants.
Draft means an edited working version of the Deliverables provided to the Client for review prior to final approval.
CGI means computer-generated imagery, including visual effects, motion graphics or digital enhancements created using software.
Cinematographer means the camera operator responsible for capturing visual footage.
Colour Grading means the post-production process of enhancing or altering colour, contrast, brightness and overall visual consistency of the footage.
Deliverables means the final edited video files and outputs expressly listed in the Proposal.
Director of Photography (DOP) means the person responsible for the overall visual style, lighting and camera direction of the Project.
Filming Day means a period of up to eight (8) hours of filming, inclusive of reasonable breaks, unless otherwise stated in the Proposal.
Filming Location means any location at which filming takes place, including Client premises, external venues or studios.
Gaffer means the crew member responsible for lighting setup and management during filming.
Lower Third means on-screen text or graphics, typically displayed in the lower portion of the frame, identifying speakers or providing contextual information.
Overlay / B-Roll means supplementary footage used to support or overlay the main visual content, including cutaway shots and illustrative visuals.
Piece to Camera / Talking Heads means footage of a person speaking directly to the camera.
Post-Production means all work undertaken after filming, including editing, colour grading, sound mixing, graphics, subtitles and final output preparation.
Pre-Production means planning activities undertaken before filming, including briefings, scheduling, scripting, logistics, approvals and production planning.
Project means the specific video production project described in the Proposal.
Proposal means our written quote, scope of work, order form, email confirmation or invoice describing the Project.
Revisions means changes to a Draft requested by the Client within the agreed scope and revision limits.
Rushes means the raw, unedited footage captured during filming.
SRT File means a subtitle file that allows captions to be toggled on or off on supported platforms.
Super means text displayed over footage, usually identifying a speaker’s name and title.
Teleprompter / Autocue means a screen used to display scripted text for on-camera presenters to read while filming.
Timecode means a numerical reference (hours, minutes and seconds) used to identify specific points within a video file.
Wrap Time means the time at which filming concludes and equipment pack-down commences.
Services means video production services including (without limitation) brand films, internal communications, employer brand, training, events, livestreaming, video news releases, social content and post-production.
Variation means any change to scope, direction, deliverables, usage, schedule or assumptions after approval of the Proposal.
2. Application of Terms
2.1 These Terms apply to all Services provided by Zarco Creative trading as Zarco Productions Pty Ltd.
2.2 Acceptance of a Proposal (including by email, issuing a purchase order, or payment of a deposit) forms a binding Agreement.
2.3 If there is any inconsistency, the Proposal prevails only to the extent it expressly overrides these Terms.
3. Standard of Services
3.1 We will provide the Services with due care and skill, in a professional manner and in accordance with applicable Australian laws.
3.2 Delivery dates are estimates and are dependent on timely Client input, approvals and access.
4. Scope and Variations
4.1 The scope, deliverables, inclusions, assumptions and usage rights are set out in the Proposal.
4.2 Any change to scope, deliverables, messaging, locations, filming dates, formats, approvals or usage constitutes a Variation.
4.3 Variations must be agreed in writing and may affect fees, timelines and delivery.
5. Client Obligations
5.1 The Client must:
provide accurate and timely instructions, approvals and Client Materials;
nominate a single Client Representative; and
ensure feedback is consolidated and provided clearly.
5.2 Zarco Creative is not responsible for delays or deficiencies caused by late, incomplete or inaccurate Client Materials or approvals.
6. Reviews, Feedback and On-Hold Projects
6.1 Draft Deliverables must be reviewed within 48–72 hours, unless otherwise agreed in writing.
6.2 If feedback or approvals are delayed by more than 7 days, the Project may be placed On Hold.
6.3 If a Project remains On Hold for more than 14 days, we may reschedule the Project subject to availability and apply a restart or rebooking fee.
7. Fees, Deposits and Payment
7.1 Fees are set out in the Proposal and are exclusive of GST unless stated otherwise.
7.2 Reasonable, pre-approved expenses may be charged at cost.
7.3 Payment terms are 7 days from invoice date.
Deposits and stage payments (unless otherwise stated):
Under $5,000: 100% upfront
$5,001–$30,000: 50% deposit, 50% on first delivery
$30,000 and above: 50% deposit, 30% milestone payment, 20% on completion
7.4 We are not required to commence filming or release Final Deliverables until the applicable payment has been received.
8. Late Payment and Suspension
8.1 We reserve the right to suspend work or withhold Deliverables if invoices are overdue.
8.2 Interest may accrue on overdue amounts at the RBA Cash Rate Target plus 2% per annum.
8.3 Suspension does not relieve the Client of payment obligations.
9. Filming Days, Overtime and Reshoots
9.1 A standard Filming Day is up to 8 hours, unless otherwise stated in the Proposal.
9.2 Overtime or additional shoot time caused by Client delays or requests may be charged.
9.3 Reshoots required due to Client-side changes, availability issues or missed approvals constitute a Variation.
10. Revisions and Change Control
10.1 The Project includes two (2) rounds of revisions to the edited Deliverables.
10.2 Revisions are included provided that feedback is consolidated by the Client Representative, provided within agreed timeframes, and does not exceed 20% of the allocated post-production time.
10.3 Additional revisions or changes beyond this allowance constitute a Variation and will be quoted separately.
11. Delivery and Acceptance
11.1 Deliverables will be supplied in the formats specified in the Proposal.
11.2 Any technical issues must be reported within 7 days of delivery.
11.3 Creative preference alone does not constitute non-delivery where the agreed scope has been met.
12. Intellectual Property and Usage
12.1 Upon full payment, the Client owns the Intellectual Property in the Final Deliverables, excluding third-party licensed materials and Zarco Creative’s pre-existing tools, templates and workflows.
12.2 Use of licensed music, stock footage or other third-party assets is subject to their respective licence terms.
12.3 Raw footage, rushes and project files are not included unless expressly agreed and may be purchased for an additional fee.
12.4 If usage requirements change after approval, additional fees may apply.
13. Confidentiality and Privacy
13.1 Each party must keep Confidential Information confidential and only use it for the purposes of the Project.
13.2 We will take reasonable steps to protect Client Materials and personal information.
13.3 Confidentiality obligations survive termination.
14. Subcontractors
14.1 Zarco Creative may engage suitably qualified subcontractors and remains responsible for the Services.
15. Portfolio, Credits and Publicity
15.1 Unless otherwise agreed in writing, the Client grants Zarco Creative the right to use the Final Deliverables, or reasonable excerpts, stills or behind-the-scenes material from the Project for our own marketing and self-promotional purposes, including our website, showreels, social media, case studies, award submissions and presentations.
15.2 If the Project involves confidential, internal or restricted content, the Client must notify us in writing prior to commencement, in which case we will not use the material publicly without written approval.
15.3 Any use will not imply Client endorsement unless expressly agreed in writing.
16. Cancellations and Postponements
16.1 If the Client cancels or postpones a scheduled shoot, unrecoverable costs remain payable.
16.2 Cancellation fees apply as follows:
10 or more business days: costs incurred plus 10% of shoot fees
5–9 business days: 30% of shoot fees
2–4 business days: 60% of shoot fees
Less than 48 hours: 100% of shoot fees
16.3 Postponements may incur a rebooking fee.
17. Termination
17.1 Either party may terminate for material breach not remedied within 10 business days of written notice.
17.2 Fees and costs incurred up to termination remain payable.
18. Warranties
18.1 Each party warrants it has authority to enter this Agreement.
18.2 The Client warrants that Client Materials do not infringe any third-party rights.
19. Liability and Consumer Law
19.1 Nothing in this Agreement excludes rights under the Australian Consumer Law.
19.2 Our liability is limited to re-supplying the Services or refunding fees paid for the affected Services.
19.3 Zarco Creative is not liable for indirect or consequential loss.
19.4 Total liability is capped at the fees paid for the relevant Project.
20. Force Majeure
20.1 Neither party is liable for delays caused by events beyond reasonable control.
20.2 Work completed up to that point remains payable.
21. Non-Solicitation
21.1 During the Project and for 12 months after completion, the Client must not directly solicit or hire Zarco Creative crew or contractors without written consent.
22. Governing Law
This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
23. General
23.1 This Agreement constitutes the entire agreement between the parties.
23.2 Amendments must be in writing.
23.3 If any provision is unenforceable, the remainder remains in effect.
24. Acceptance
24.1 Acceptance of these Terms & Conditions occurs when the Client signs an agreement, accepts a Proposal, issues a Purchase Order, provides written confirmation to proceed, or makes payment of any invoice or deposit. Upon acceptance, these Terms & Conditions become binding.
24.2 These Terms & Conditions apply to the Project and will continue to apply to all future services, proposals and Purchase Orders provided by the Client to Zarco Creative trading as Zarco Productions Pty Ltd, unless expressly agreed otherwise in writing.
24.3 Where more than one Client enters into this Agreement, each Client is jointly and severally liable for all fees and obligations under this Agreement.
24.4 No employee, agent or representative of Zarco Creative is authorised to make any representations, statements, conditions or agreements other than those expressly set out in this Agreement or confirmed in writing by an authorised representative of Zarco Creative. Zarco Creative is not bound by any unauthorised statements or representations.
24.5 By accepting this Agreement, the Client warrants that it has full authority to enter into this Agreement on its own behalf and, where applicable, on behalf of the organisation it represents.