MWO Media Pty Ltd (The Company) is pleased to set out our Terms and Conditions, which will apply to the work we do for you ‘The Client’. These Terms and the Works we do for you (in whatever format or manner of agreement or program presented and entered in), herein broadly referred to as ‘the Program’, supplied to you, form the contract between us for the provision of our services.

Any instructions received by The Company from the Client (or any person acting on behalf of or reasonably deemed to have the authority to act of the Client) for the supply of services or products, and or the Clients acceptance of services or products provided by MWO, constitutes the acceptance of the general terms and conditions contained herein. Acceptance of these terms and conditions is assumed if the client has proceeded with the conduct of the relevant campaign via instructions to act or invoice payment.

1.1. The Services: The Company will provide the services described for the price and terms listed in the Program as presented. As the work progresses, it may be that the scope of the required work changes. Where this is the case, The Company will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of which may be necessary.

1.2. Information: To maximise effectiveness, we must work with you in collaboration. Often our work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, The Company will assume all information you provide is complete and accurate unless you tell us otherwise.

1.3. Incidentals: While broadly, our approach in general terms, compresses production content processes on your brand to single day, single location shoots (also as specified in your proposal / agreement).

If additional and specific required and requested support and or production is required outside scope, this will be discussed on the request and charged to the client at standard rates at the time.

1.4. Force Majeure: The Company shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside our reasonable control.

1.5. Production Policies and Amendments - The Company operates in accordance with its Video Production Policies and Technical Standards, as updated from time to time. These policies outline detailed production processes including but not limited to creative development, filming protocols, editing standards, technical specifications, revision limits, turnaround times, and delivery formats.

The Production Policies are incorporated into this Agreement by reference. The Company may update such policies to reflect operational improvements, industry standards, or regulatory requirements. Any updates will apply to services provided after the date of publication.

In the event of any inconsistency, the General Terms and Conditions shall take precedence.

1.6 Operational Discretion - The Company retains sole discretion in determining the appropriate production methodology, technical approach, equipment selection, and creative execution required to deliver the agreed services.

2.1. Payment Terms: Invoices shall be settled by bank transfer into The Company nominated bank account within the terms set on the invoice and or agreement. It is the Client responsibility for timely payments, and to ensure that invoice entity details, and recipient, are correct.

The Company retains ownership (as applicable to your Program), and licence to usage is not granted of all work until full Program payment has been made. NOTE, work does not commence on any aspect of Production until the commencement payment has been received.

2.2. Default and Debt Collection - If debt collection for payments overdue are required, the costs incurred in the process of pursuing and collection will be borne by the Client, which includes solicitor costs and any collection agency costs as engaged.

2.3. Other Specialist Services: If required, The Company may, if you instruct us, to seek specialist services on areas outside our expertise for other aspects of the campaign with you. The costs of such services will be passed on to the client and will be quoted accordingly.

2.4. Jurisdiction - These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and the Southport Local Court.

NOTE: In relation to Overdue Interest and Debt Collection - We always work with our clients as reasonably as we can but expect fairness and good faith in return.

3.1. The scope of the services is reflected in the Program as presented.

Where the client agrees to commence a proposed Program be it by signature, or written confirmation in email from a company representative, or other form and commences the Program, this is deemed approved by the Client. Any changes beyond the Program will be handled as a new update and priced accordingly.

4.1. Content Images and Video: The Company will at times require necessary text and graphic materials that help make up the content of the work we undertake. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied in the format requested. Text should be supplied as a Microsoft Word or Google Doc. document. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text.

4.2. The Company will gather and create much of the video required. At times, we may prompt and guide you to assist in recording some very specific footage to support a marketing idea to execute in a collaborative approach. The Company will assume that all video footage and those featured in it, supplied to us are owned by the Client and consent for people in it for use. Any stock footage provided to us by the Client, will also be assumed to be purchased and correctly licensed for use.

4.3. The Company will gather and create much of the imagery required. Any client supplied images should always be high-res images for best use purposes. If they are solely for use on the web, then lower resolution images are acceptable. The Company will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the Client for use. We cannot use images taken from Google and other similar platforms.

4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.

4.5. You grant The Company permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify The Company from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

5.1. Confidentiality: Save as required by law, The Company will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. The Company may, however, disclose your documents and affairs to:

(i) other service providers as you inform The Company are involved in any assignment on which The Company is instructed;

(ii) The Company’s affiliates or related parties; and

(iii) any other service provider to whom The Company may properly delegate aspects of any assignment in order to provide a full range of services to you.

6.1. Freedom to use Ideas and IP: The Company may develop or use for other clients, any ideas, concepts, source code, information or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.

6.2. Client Materials: Any materials (including logos, trademarks, graphics, footage, text, or other assets) provided by the Client for use in the production remain the sole property of the Client. The Client warrants they have the necessary rights and licenses for any materials they provide.

6.3. Portfolio Rights. The Company retains the right to showcase your project (or exerts as appropriate) on their websites, social media, portfolios, showreels, and industry submissions to display the Work for promotional purposes. This right is via granting The Company a non-exclusive, perpetual, royalty-free license to use the final work for promotional purposes.

6.4. Producer Materials: The Company retains all right, title, and interest in and to the Work, and working files, RAW footage, including all copyrights. Working files are our intellectual property and this can be and not limited to design concepts, edit files, design elements, infographics, fonts and imagery. Working files are not released as part of our work.

6.5. License to Content Use: Upon full payment of all fees due under the Program entered, the Client shall have a perpetual, worldwide, royalty-free license to use, reproduce, and distribute the final deliverables for any purpose consistent with this Agreement. Without full contract payment (at program end), no Client license to use any of the work exists.

This license also applies during the Program period, as long as the client remains current with payment terms.

6.6. Clients OWN Content: For content created by the Company designated with the specific term ‘Client OWNED’, this is defined as work made for hire, and upon final payment, The Company hereby assigns all right, title, and interest, including all copyright and intellectual property rights, in the final deliverables to the Client. The Clause 6.3 Portfolio Rights still applies.

7.1. All services may be used for lawful purposes only. You agree to indemnify and hold The Company harmless from any claims resulting from your use of our service that damages you or any other party.

8.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.