Production Terms

1. Basis of Contract

Unless otherwise agreed by Lumi Creative in writing, these Conditions apply exclusively to every contract for the sale of Services and cannot be varied without the prior written consent of Lumi Creative. Any written quotation provided by Lumi Creative to Client concerning the proposed supply of Services is an invitation only to Client to place an order based upon that quotation and is subject to the Client offering to enter a contract with Lumi Creative and accepting these Conditions. An order will not be accepted until Lumi Creative communicates acceptance to Client in writing or by electronic means or it has provided the Services. Lumi Creative in its absolute discretion may refuse to accept any offer from a Client.

2. Intellectual Property Rights

Except to the extent agreed in writing by Lumi Creative, all intellectual property rights relating to any footage, graphic design, animation or other creative artistic work provided to the Client by or on behalf of Lumi Creative pursuant to these Terms the “Intellectual Property” remains the property of Lumi Creative. Until notified in writing by Client, Lumi Creative have a revocable license to use finished media(s) for promotional purposes.

3. Performance of contract

Any delivery dates of services by Lumi Creative is intended as an estimate only and is not a contractual commitment. Lumi Creative will give its best reasonable endeavours to meet estimated delivery dates of services, however will in no circumstances be liable for any loss or damage suffered by Client or any third party for failure to meed estimated delivery dates of services. Any delay in the completion of the project due to actions of negligence or failure to respond to Lumi Creative’s queries and requests in a timely manner, which may include the handover of necessary materials in order to allow Lumi Creative to perform its obligations under these terms. Any unreasonable delay by the customer in responding to Lumi Creative’s queries and requests will not affect Lumi Creative’s entitlement to payment.

4. Cancellation

If, through circumstances beyond the control of Lumi Creative, Lumi Creative is unable to effect delivery of or provide the project or Services, then Lumi Creative may cancel Client’s order (even if it has already been accepted) by notice in writing to Client, without liability. No purported cancellation or suspension of an order or any part thereof by the Client is binding on Lumi Creative after that order has been accepted by Lumi Creative.

Client must advise Lumi Creative within 7 days of receipt of a delivery of the project:

  1. of the non arrival of any Services;

  2. if there is any damage to the Services;

  3. if the wrong Services have been received;

  4. if the quantity of the Services is incorrect; or

  5. if the Services do not meet specifications.

If the Customer fails to give notice, then the Services are deemed to have been accepted by Client and Client may be subject to pay for the Services in accordance with these Terms.

  1. If the Customer cancels the Project before the commencement of pre-production, no charges will apply;

  2. If the Customer cancels the Project after pre-production has been completed but before principal photography, as per the agreed timeline, Client may be charged up to 10% of the value of the Project;

  3. If the Customer cancels the Project after principal photography, the Client may be charged up to 50% of the value of the Project as well as any out-of-pocket expenses incurred.

5. Payment

The Customer shall pay Lumi Creative the price for the services as follows:

  1. an upfront payment 50% of the price is payable prior to commencement of services by Lumi Creative; and

  2. the remaining 50% of the price shall be payable upon completion of services;

Client understands that the specified terms of payment under this Agreement are based upon timely cash payments.  If Client chooses to defer paying any amount beyond the date on which it is due, Client may be charged at Lumi Creative’s discretion, as additional consideration, an amount equal to the current personal loan interest rate +3% (Commbank) on unpaid amounts until paid, compounded monthly. Ownership of the media does not transfer until full payment is made to Lumi Creative

6. Changes in Specification.

If at any time, Client desires to make any changes or variations from the script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Lumi Creative, Lumi Creative agrees to notify Client of the amount before any such additional costs are incurred and Lumi Creative shall proceed only after receiving approval (written or oral) from Client.  Approval by Client shall be binding and incorporated into the terms of agreement.  Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.

7. Proofing

Proofs will be presented for Client approval. If revisions are required, a request must be made in writing. Reasonable edits based upon Client’s feedback will constitute acceptable delivery unless otherwise agreed upon in writing by both Lumi Creative and Client. Three (3) proofs will be provided to Client unless otherwise determined in the specifications. Proofs may be provided to client in formats that differ from the final output as outlined in the specifications. Client acknowledges that colours, printing, quality, media type or any other element presented in the proof to Client may change upon final delivery and shall not constitute a breach or material deviation from the specifications.

8. Content Retainment

Lumi Creative will retain any raw digital materials created for the Project for up to 1 month after the production concludes, following which Lumi Creative have the right to delete or erase the raw materials.

9. Risk and Insurance

The risk in the Services and all insurance responsibility for damage or otherwise in respect of the Services will pass to Client immediately upon delivery of the Services to Client. The Services are sold to Client on the basis that Client has obtained all necessary licenses or permits under all relevant laws and regulations in relation to the Services. Client assumes all risk and liability for loss, damage or injury to persons or to property of Client, or third parties arising out of the publication, use or possession of any of the Packages or Services sold by Lumi Creative..

10. Liability

Except as specifically set out herein, or contained in any Warranty, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded. Replacement or repair of the Services or resupply of the Services is the absolute limit of Lumi Creative’s liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Services or service by Client or any third party. Lumi Creative is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of perishables, loss of turnover, profits, business or goodwill or any liability to any other party. Lumi Creative will not be liable for any loss or damage suffered by the Client where Lumi Creative has failed to deliver Services or Services or fails to meet any delivery date or cancels or suspends the supply of Service or Services.

11. Indemnity

The Client hereby indemnify to the fullest extent Lumi Creative from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

12. Variation of Terms

Lumi Creative is permitted to revise these Terms at any time as it sees fit, and by using Lumi Creative’s services or Website you are expected to review these Terms on a regular basis.

13. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

14. Assignment

Lumi Creative is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. Lumi Creative are permitted in our discretion to engage appropriately skilled independent subcontractors, freelancers or other third parties to perform some or all of the Services. Client is not allowed to assign, transfer, or subcontract any of Lumi Creative’s rights and/or obligations under these Terms.

15. Acknowledgment

Client acknowledges that:

It has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Lumi Creative in relation to the Services or their use or application; It has the sole responsibility of satisfying itself that the Packages or Services are suitable for the use of the Client or any contemplated use by the Client, whether or not such use is known by Lumi Creative; and any description of the Services provided on Lumi Creative’s’ website, in any brochure or catalogue or other marketing means, or in a quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description. The Customer must not make any claim or demand for any matter referred to above.

16. Confidentiality

Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by these Terms. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under these Terms. However, this obligation will not apply to information which: was in the public domain when it was provided to a party, or later enters the public domain, through no fault of the party; or the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.

17. Contingency and Weather Days

A contingency day is any day where a scheduled shoot has been prevented from occurring due to circumstances beyond the control of Lumi Creative. These circumstances may include but should not be limited to: Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by Client); Injury, illness, or absence of client-supplied elements (e.g. key talent, correct products); “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God); “Client Requested Re-Shoots” (any additional days for a job requested by Client, who is therefore authorising the expenditure). Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day.

18. Entire Agreement

These Terms constitute the entire agreement between Lumi Creative and you in relation to your use of this Website and any Service or Services, and supersedes all prior agreements and understandings.