Application
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Kampai with any client in relation to the provision of Services by Kampai.
All work carried out by Kampai is on the basis that the Customer has agreed to these Terms and Conditions.
Definitions
In these terms and conditions, unless the context otherwise requires:
- Client means any individual who acquires Kampai’s services wholly or predominately for personal, domestic or commercial use. Client means any person or entity requesting Kampai to provide Services.
- Kampai means Kampai Pty Ltd (ABN 61 680 118 052) at PO Box 3168, Hendra, Qld, 4011, Australia.
- Agreed Fees means the fees estimated by Kampai in any quotation once accepted by the Client.
- Rental House means any additional equipment outside of our stocked equipment that needs to be hired.
- Raw Footage / Vision means master footage recorded by Kampai Productions as part of provision of the Services.
- Services means any facet of time or goods rendered by Kampai Pty Ltd.
- Master means final deliverable given to Kampai clients.
- Revision Round refers to when a client wishes to make changes to a project after a final product is produced by Kampai for approval.
Quotations / Estimates
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate or daily rate, depending on what kind of service offered. One round of client changes and/or revisions is typically included in each quotation.
If the client instructs Kampai that significant changes and/or revisions to the scope of the Services described in a quotation are required then Kampai shall be entitled to charge an additional Agree Fee based on a further quotation.
The quotation remains open for acceptance for up to twenty one (21) days from the date of issue. Kampai may withdraw a quotation at any time. The Client can accept a Quotation by accepting via the quotation software, paying the deposit amount or writing to Kampai in written form, either via email or post.
If the Client accepts Kampai’s quotation, Kampai will issue a Production Schedule (typically via email) setting out the following details:
- the nature of the Deliverables to be provided pursuant to the Production Schedule;
- any specifications for the Deliverables;
- a production plan or script outline for the preparation of the Deliverables;
- the fee payable to Kampai for the Deliverables and the payment schedule for the Deliverables (which by default is 50% to commence work upon agreement and 50% paid within fourteen (14) days of delivery.
Once the Client accepts the Production Schedule and pays the specified 50% payment referred to in paragraph d. Kampai will begin providing the Deliverables in accordance with the Production Schedule. To the extent of an inconsistency between these Terms and a Production Schedule, the Production Schedule prevails.
Any quotation that Kampai gives is based on the information that was provided to Kampai at the time of quotation.
If that information is later found to be inaccurate or there is a change to the nature or scope of the Deliverables or if circumstances change, Kampai may charge an additional amount calculated on a time and materials basis at Kampai’s standard scale of charges.
Payment
Payment terms will be set out in the relevant quotation issued by Kampai to the client. Where payment terms are not set out in the relevant quotation:
- Clients may choose to pay Kampai via Direct Deposit or Credit Card (additional charges may apply). Further payment details may be found on the quote or invoice.
- Payment is due within fourteen (14) days after the invoice date. We reserve the right to choose to charge a 2% late fee after 28 days for the amount owing and a further 2% for every 28 days thereafter.
- If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.
- We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
- Kampai reserves the right to suspend or terminate any licensing issued to the client if payment is not made.
- Upon payment in full for the Deliverables, Kampai grants the Client a non-exclusive and non-transferable perpetual licence to use the Intellectual Property for the Client’s own business purposes. However, the Client must not copy or use any of the Intellectual Property for any other purposes, or permit any act to be done, that infringes Kampai’s (or its licensors’) intellectual property rights including music.
Intellectual Property
Except to the extent agreed in writing by Kampai, 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 Kampai pursuant to these Terms the “Intellectual Property” remains the property of Kampai. Kampai may display its own copyright and intellectual property notices on any Products and the Client must not, remove, obscure, deface or alter such copyright and intellectual property notices. Kampai may also choose to re-license or exhibit any creative work produced.
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: (a) 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 (b) the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.
Terms & Termination
Either party may terminate the agreement under a Production Schedule or these Terms generally, if the other party:
- breaches a material obligation under these Terms and does not remedy that breach within fourteen (14) days of a written notice of that breach from the other party; or
- is or is deemed to be insolvent, or ceases to conduct it business in the ordinary way (except if it has assigned its rights and obligations under these Terms in accordance with these Terms prior to that occurring), or an administrator, receiver, receiver and manager, official manager, liquidator, provisional liquidator, or similar is appointed in respect of the other party or any of its assets.
On termination of an agreement under a Production Schedule or these Terms, Kampai is entitled to invoice the Client for all Deliverables provided or in the process of being delivered but not yet invoiced, including Products ordered for the Client but not yet delivered and invoiced (unless the Products can be returned to their supplier for a refund without cost or penalty). If any amount payable under these Terms remains unpaid 30 days after termination then, without prejudice to Kampai’s other rights, all licences granted to the Client for which payment has not been received shall automatically terminate, and Kampai may retake possession of any unpaid products.
The Client’s obligations including any obligations to indemnify Intellectual Property and each party’s obligations under Confidentiality and this clause survive the termination of any agreement under these Terms for any reason.
Data wrangling, data integrity & storage
Where possible, Kampai enforces dual or tri-redundancies for active projects after data is taken from a production. While all due care is taken to ensure data integrity is maintained, Kampai is not liable for any data loss or any impact caused by data loss. When a project is complete, all project files are stored on a single redundancy cold storage drive for twelve (12) months by Kampai as a courtesy only. After this period, data may be removed at Kampai’s discretion.
