Copyright iNCO Creative 2020. All Rights Reserved.
15 Glenridge Road, Westville, Durban 3629
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1) PAYMENT1.1 We may charge a 50% fee upfront once the project has been approved. The remaining balance will be due upon completion and final sign off.
1.2 A watermarked version of the video will be sent to you by a platform of your choice for proofing. 1.3 The watermark will be lifted once the balance has been received.
2) RATES & TIMES2.1 We charge by the hour. In instances where we charge a day rate, we will break our time down into half or quarter days. Overtime or any additional out of contract amendments will be charged hourly.
2.2 A full day of editing, filming, animation or pre-production refers to work carried out by the team. Any additional members of crew required will be outlined as additional costs and subject to an admin fee or prep time.
2.3 One full day of filming refers to 9 hours of work carried out on location. Travel time is included in the working day. Effectively, the work starts and ends when we leave and arrive back in our office. Travel fees may be included. Half a day of filming denotes >4 hours work away from our office. Work that exceeds this will be categorised as 1 full day.
2.4 A full day of editing refers to 7 hours of work. Out-of-office or on-location editing is offered at a 1.5x equivalent. Expedited editing is also offered at a tailored rate, bespoke to the individual, client or project. We will break edit days into quarters.
2.5 We may work across several days with fragmented hours to form ‘one full day’. Time spent working on any project will be tracked and logged.
2.6 Each project is priced depending on several variables, including the intensity of the shoot and pressure or responsibility of the work. Such work, where the crew are on their feet all day, with minimal breaks, late nights / early starts or very high-pressured work is priced at our higher hourly rate. Pricing is based on our competitive rates and takes into account industry-standard fees. Overheads such as office space, software subscription, equipment maintenance and upkeep are factors used to determine our current rates.
2.7 We are within our right to increase/decrease our rates at any time but will not make pricing modifications during an ongoing project.
2.8 Any preparation time or meetings are subject to be charged at our daily pre-production rate.
2.9 For charity work we are happy to offer a 10% reduction to our fee where applicable.
2.10 As of the 1st of May 2019, we are required to charge VAT @ 15%
3) CANCELLATION & POSTPONEMENT3.1 WHOLE PROJECT: If the client cancels a project after agreeing to our costing proposal and entering into a contract with us, the client will be subject to a cancellation fee due to loss of work. If the project is postponed, and we’ve booked in time aside to work, the same fee may still apply.
3.2 FILMING: If the client cancels a booking after agreeing to the costing proposal, the client may be subject to pay a cancellation fee of up to 75%. If a shoot is cancelled on the day or we are already on location, we will charge a 90% cancellation fee. If we are required to cancel an external freelancer booking (i.e. a camera operator), there may be an additional cancellation charge. All incurred costs & expenses due to cancellation will also be chargeable to the client.
3.3 EDITING: If the client cancels or postpones a project after editing has begun, the client will be subject to pay for all work carried out until that point. The client is subject to pay for loss of work for any dates or time we have set aside.
3.4 If poor weather prevents a shoot, we will do our best to reschedule as soon as possible. If we don’t feel it is appropriate to shoot due to poor weather, we reserve the right to postpone. If weather prevents our team from attending a shoot, the client will not be liable to pay the agreed fee. If the team are in place and able to work, but the client cancels the shoot, the client will be liable.
3.5 In the event of a ‘force majeure’ where we are prevented from working, we are not liable for any breach in contract. Such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, war or acts or threats of terrorism.
3.6 Our shoot and edit time is non-refundable.
4) EXPENSES & EXTRA COSTS4.1 General expenses incurred during the project, such as travel, accommodation, food and prop expenses shall be paid for by the client. If expenses are likely to be significant, we may require the client to pay the full amount of the expected expense in advance.
4.2 Meals of a reasonable value away from our usual workplace are included.
4.3 Travel mileage is charged at a fixed flat rate of R15.39 per kilometre, per vehicle.
4.4 Digital expenses such as music licensing and stock video may be subject to a 20% admin fee.
4.5 Hired in equipment will be charged to the client. The equipment that we own in-house comes included in all our pricing structures as standard. If additional specialist equipment is required and isn’t an item that we own already, we will hire this in from a provider of our choice.
4.6 Faster turn-around times may be subject to a 20% fast-track fee.
4.7 Where extra expenses are incurred, either as a result of alterations to the original brief or otherwise at the Client’s request, we expect the client to cover these expenses.
5) OWNERSHIP & USE OF MATERIALS5.1 iNCO Creative are under no obligation to provide raw files, assets, stems or rushes to any client without prior agreement under special circumstances.
5.2 All content created or produced by iNCO Creative is owned solely by iNCO Creative. The final product(s) is exclusively licensed to the client for global, perpetual use upon finalpayment.
5.3 We will not provide footage to any third party without written consent from the primaryclient we are in contract with.
5.4 An admin fee may be charged if assets are required after the project has been signed off.
5.5 We reserve the right to use any completed video and original footage obtained during the project for our promotions. (Including online portfolio, online marketing, showreel and promotion via social media platforms etc.) unless otherwise stated by the client.
5.6 Content created for a specific project cannot be used in any other project or future content without specific agreement.
5.7 Once work is signed off, we will always endeavour to maintain a master copy of all production files and videos, however, cannot be held responsible for any damage to such files. It is, therefore, the responsibility of the client to safely store finalised products after the date of completion.
5.8 Any client logo that has been animated by iNCO Creative should not be re-created or reused without permission in external projects.+ WHY WE DON’T PROVIDE RAWS
6) AMENDMENTS6.1 Unless specified otherwise, all clients are entitled to one round of reasonable amendments per video free of charge.
6.2 These changes must be submitted all at once and deemed reasonable by iNCO Creative. Any major changes (e.g structural, core messaging, musical changes, length, brief alteration) are not included in this allowance.
6.3 Changes which require more than a 33% increase or decrease in video length is classed as a structural change and will require significant and additional work outside of the agreed allowance.
6.4 ‘One round’ refers to any given number of reasonable changes as requested by the client but is therefore capped at 2 hours of additional work. Changes or amendments that require more than 2 hours of additional work will be charged at our standard hourly rate of R350.
6.5 Once the client has acknowledged and accepted completion of any project, any amendments or changes thereafter will be charged at the standard rate of R350/hour. Thisincludes investigations, email correspondence, video exports, uploads and internal data transfers.
6.6 We have a one-hour minimum term of work for changes outside of contract.
7) CREATIVE BRIEF & REJECTION7.1 Key deliverables must be agreed in writing before the start of any project.
7.2 If the objectives or intended outcomes change during the project, it is the clients responsibility to accept the change in brief if we identify it.
7.3 iNCO Creative withhold the right to alter the original pricing at any point if the brief is verbally or non-verbally altered.
7.4 All work is completed to a standard deemed suitable by iNCO Creative. If the client wishes to make changes outside of our creative recommendations, we can no longer guarantee that the video(s) serves it’s the original purpose and meets it’s brief.
8) PERMISSIONS & RELEASES8.1 If a talent, actor or other individual featured in the production are under the age of 18 it is the client’s responsibility to obtain permission to include them in the video, making them aware that they may also feature in our portfolio of work and our publicity materials. We will happily support you with this in detail.
8.2 We recommend that you supply and obtain release forms from any identifiable participants to ensure protection against defamation claims. We will happily support you with this in detail.
8.3 If an individual makes a claim against a video, with or without a release agreement, iNCO Creative will not be held responsible for any damages or editing costs incurred.
8.4 For event filming, we advise that the client warns all bystanders using the following notice. “FILMING NOTICE: Today’s event is being filmed. If you do not wish to be on camera, please make yourself known to a member of the production team.”
9) CREDIT9.1 Where applicable, iNCO Creative request credit on all platforms.Please quote the following:“Video by iNCO Creative | incocreative.com”
9.2 We are proud of the work we produce, and we are withholding the right to include a discreet production credit at the end of any video eg. “Produced by iNCO Creative” unless specified otherwise by the Client.
9.3 We may not require credit on videos that will be used for television broadcast adverts.
10) MISCELLANEOUS10.1 If you are hosting us, we don’t ask for much on a shoot. We do usually require a secure and dry space of approx. 6 x 10 feet for our equipment to be stored. A mains 240V power supply and a table may also be required.
10.2 If the client is supplying the talent, actors, product, props or other individuals used in the production, it is the sole responsibility of the client to ensure that they are well prepared and suitable for the camera. The visuals team will endeavour to support, guide and mentor the on-screen talent, actor or individual involved but will not be held responsible if said individual or product is ill-prepared or unsuitable for the camera.
11) CONTRACT11.1 By verbally or non-verbally agreeing to a costing/project proposal and opening into a contract with us, the client is, therefore, agreeing to all the above terms and conditions on behalf of their department or company. This is a perpetual contract for all future work carried out unless otherwise specified.
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