CONTENT PRODUCTION TERMS & CONDITIONS
All prices quoted include GST.
The Client is any company, partnership, sole trader or individual making an order for television production services from KIK FM Pty Ltd trading as KIK DIGITAL [KIK DIGITAL].
All quotations are made by KIK DIGITAL without obligation.
KIK DIGITAL reserves the right to vary the rates and specifications detailed in Rate Cards at any time without prior notice.
Except where otherwise agreed in writing, all invoices are for immediate cash settlement without deduction. Full, or part, payment in advance may, at the discretion of KIK DIGITAL be required prior to the commencement of any production.
In the case of default by the Client in paying any sums due, KIK DIGITAL reserves the right to either withhold any equipment or facilities which are the subject of any order by the Customer and/or cancel any order with the Client, without prior notice.
Where KIK DIGITAL creates a video production for a Client, the finished production shall remain the absolute property of KIK DIGITAL and no proprietary, copyright or intellectual property rights or other interest in the video production shall vest in or pass to the Client until full payment for the production has been received, in cleared funds by KIK DIGITAL.
For the avoidance of doubt, the copyright and intellectual property rights in finished video productions shall pass to the Client only once full payment has been received by KIK DIGITAL.
KIK DIGITAL shall be entitled to determine any order for services by the Client without notice in the event of the bankruptcy, insolvency or liquidation of the Client at any time during the order.
KIK DIGITAL does not automatically offer credit account facilities to Clients. A credit account may be offered following the evaluation of information submitted by the Client on an Application for Credit Account.
KIK DIGITAL shall not be liable for any delay or other breach resulting from wars, strikes, lockouts, restrictions, non-availability of goods, materials or labour or owing to any other cause whatever beyond its control.
Time is not of the essence of any contract with the Client and KIK DIGITAL shall not be liable for any delays in the supply of equipment, materials and services by it, or any losses whatsoever due to any such delays howsoever caused.
All equipment and materials entrusted to KIK DIGITAL are entirely at the Client's risk.
KIK DIGITAL shall not in any circumstances be liable for loss or damage of any kind howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of KIK DIGITAL, its contractors or employees.
KIK DIGITAL shall not be held liable by the Client if fulfillment of its obligations is prevented or hindered by force majeure. For the purpose of this condition, force majeure shall mean any circumstance beyond the control of KIK DIGITAL.