Terms Of Service

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by AnySpace with any Customer in relation to the provision of Services by AnySpace. All work carried out by AnySpace is on the basis that the Customer has agreed to these Terms and Conditions.

Quotations can be calculated through two methods.

1 - By estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Two rounds of Customer changes and/or revisions are included in each quotation.

2 - By estimating the complexity and scope of an end product, with Services provided under typical circumstances. Two rounds of Customer changes and/or revisions are included in each quotation.

If the Customer instructs AnySpace that significant changes and/or revisions to the scope of the Services described in a quotation are required then AnySpace shall be entitled to charge an additional Agree Fee based on a further quotation.

If the Customer has engaged AnySpace to provide Services on a specified date, the Customer may notify AnySpace in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).

If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.

If the cancellation is made more than 48 hours prior to the day on which AnySpace has been engaged to provide the Services, the Customer must reimburse AnySpace for any expenses incurred by AnySpace in preparation for provision of the Services.

If the cancellation is made between 48 and 24 hours prior to the day on which AnySpace has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.

If the cancellation is made within 24 hours of the time at which AnySpace has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.

If the cancellation is made while AnySpace is providing Services to the Customer, the Customer must pay the Agreed Fee in full.

The Customer will pay to AnySpace the Agreed Fee in the following manner:

100% of the Agreed Fee balance will be payable within 30 days of the date of any final invoices submitted in respect of the Services. If any AnySpace invoice or part thereof is not paid within 30 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate 10.0% of interest per month after the payment due date.

AnySpace will provide the Customer with one (1) ‘draft copy’ of an initial edited video file. The Customer must notify AnySpace of all proposed changes within fourteen (14) days of receipt of the draft copy by the Customer.

Once the proposed changes have been made, AnySpace will provide the Customer with a ‘revision copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented.

The Customer then must notify AnySpace of all final proposed changes within seven (7) days of receipt of the revision copy by the Customer.

After the final draft copy is delivered, no new changes may be requested unless the Customer purchases another variation. The Customer must notify AnySpace of any errors in the final draft copy within fourteen (14) days.

AnySpace may refuse to make any further changes. The Customer acknowledges that some changes may not be possible.

The Customer must obtain any necessary consent or permission and pay any fees which may apply for AnySpace to film at a particular venue, location or event.

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. AnySpace reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by AnySpace on request.

All Materials are used and stored by AnySpace solely at the Customer’s risk and AnySpace is under no obligation to insure any Materials.

Neither AnySpace nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;

AnySpace will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with AnySpace even though such person is present during and involved with the performance of the Services; and

The Customer must retain a master copy of each and every recording delivered to AnySpace for the purposes of the Contract.

The Customer acknowledges and agrees that:

AnySpace will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by AnySpace will be transferred to the Customer until the Customer pays all amounts due to AnySpace in full.

The Customer acknowledges and agrees that upon payment of all outstanding invoices due to AnySpace, the Customer is entitled to receive the finished works, but has no entitlement to the working files of AnySpace.

The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by AnySpace are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of AnySpace, its employees and subcontractors.

Any estimate of the date by which AnySpace will complete any part of the Services is contingent upon the Customer providing complete instructions to AnySpace and fully cooperating with AnySpace until AnySpace has ceased providing Services to the Customer.

The Customer must appoint a person who has complete authority to provide instructions to AnySpace and respond to requests for feedback until AnySpace has ceased providing Services to the Customer. The person appointed must be available to respond to communications from AnySpace on every day which is a business day in the United States.

** OWNERSHIP **
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of AnySpace until full payment is made for the Services.

Where Services remain unpaid or in the event that a final agreed payment is not made, AnySpace reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.

Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by AnySpace will remain the property of the author or legal entity owning the copyright.

** SPECIAL PROVISIONS FOR OWNERSHIP **
AnySpace reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to AnySpace.

AnySpace has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between AnySpace and the Customer. The copyright of such segments will belong exclusively to AnySpace.

** DISPOSAL **
Raw Footage, video files, audio files and edited video files will be retained for up to six (6) months only and will then be disposed of, deleted or erased. If at the end of six (6) months Services have not been paid for, AnySpace reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

** RAW FOOTAGE **
The Customer may purchase Raw Footage in hard copy format for an additional fee of $450.00.

Whilst all reasonable care and preparation is taken for videography and editing, AnySpace will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by AnySpace or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

AnySpace reserves the right to terminate the provision of Services, if:

the videographer, or any person(s) employed or contracted by AnySpace is placed in a position where there is an actual or apparent risk of injury;

or there is a risk that any of the equipment used may be damaged. If AnySpace terminates the provision of Services then any Deposit paid by the Customer is non-refundable.

We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.

We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.

Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.

Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.

You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third-party liabilities incurred by us.

Any claim that you may have against us must be notified to us in writing within one month of the claim arising.

If AnySpace cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labor dispute or shortage, act or omission of any third person or public authority, then AnySpace’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

The Customer will be liable for any legal costs incurred by AnySpace in the recovery of unpaid invoices on an indemnity basis.

All information received by AnySpace from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

These terms and conditions shall be governed by Delaware law and subject to the exclusive jurisdiction of the Delaware Court System.

AnySpace reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.