Application

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings ("the Contract") entered into by Infinite Blue Productions P/L trading as Two Feet Films ( Two Feet Films ) with any person ("the Customer") in relation to the provision of film production and/or post-production services (as the case may be) by Two Feet Films ("the Services").

Cancellation

if the customer has

• made a booking for the provision of production or post-production services, the Customer may cancel a booking (notified to Two Feet Films during normalbusiness hours), but where the Customer:
  • cancels a booking between 48 and 24 hours prior to the day on which Two Feet Films is to commence providing the Services, the Customer will pay 50% of the agreed fee under the Contract ("the Fee"); or
  • cancels a booking within 24 hours of the time at which Two Feet Films is to commence providing the Services, the Customer must pay the full amount of the Fee; or
• provided Two Feet Films with an order to provide film production services and cancels that order whether before or during the shoot to be undertaken by Two Feet Films, the Customer must pay the full amount of the Fee which amounts will be payable within 30 days of the date of cancellation of any booking by the Customer together with all costs and expenses incurred by Two Feet Films up to the date on which any of the Services (as the case may be) are cancelled.

Payment

The Customer will pay to Two Feet Films the Fee in the following manner:

• in respect of film production services:

  • 50% of the Fee will be payable prior to the commencement of any shooting, or if pre-production costs are to be substantial, prior to the commencement of any pre-production activities ("the first payment")and the balance will be payable within 30 days of the date of the invoice submitted in respect of those services; and
  • Two Feet Films need not commence any shooting or pre-production activities (as the case may be) until the Customer has made the first payment;
  • in respect of post-production services, the total amount of the Fee will be payable within 30 days of the date of the invoice submitted in respect of those services; but
  • if any discount is given in relation to the Fee or any overage is incurred by Two Feet Films in the course of providing the Services, the Customer will pay the full amount of the Fee under the Contract (less the discount)or the cost of any overage (as the case may be) within 14 days of the date of the invoice submitted in respect of that discount or overage (as the case may be)

• and the Customer acknowledges that:

  • Two Feet Films will have a lien on any goods, chattels, items or things (including but not only any documents, tapes, videos, films, footage, props and equipment) ("Materials") provided by the Customer; and
  • no title (including any copyright) in the Materials manufactured, produced, duplicated or otherwise provided by Two Feet Films will be transferred to the Customer until the Customer pays all monies due to Two Feet Films under the Contract.

Customer's Undertakings and Warranties

The Customer undertakes and warrants that, to the extent that the provision of the Services by Two Feet Films involves the use of the Materials provided by the Customer and compliance with the Customer's instructions, the provision of the Services will not:

• invade or infringe the privacy of any person;
• be defamatory of any person; or
• infringe the copyright or any other intellectual or personal rights of any person.

Two Feet Films may refuse to do any act or comply with any request of the Customer which would, if done, constitute a breach of any undertaking or warranty given by the Customer above.

The Customer agrees to indemnify Two Feet Films against any loss, damage, cost or expense suffered or incurred by Two Feet Films as a result of the undertakings and warranties given in above being untrue or being breached.

Customer's Materials

The Customer acknowledges that, in respect of the Material provided by it to Two Feet Films under the Contract:

• those Materials are delivered to and used and stored by Two Feet Films solely at the Customer's risk and Two Feet Films is under no obligation to insure those Materials;
• neither Two Feet Films nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage ("loss") of those Materials other than loss caused by their negligence but any liability for such loss will be limited to the replacement of those Materials; and
• Two Feet Films will not be liable in respect of any loss to those Materials arising out of the action of any person not employed or engaged by or associated with Two Feet Films even though such a person is present during and involved with the performance of the Services; and
• it holds a master copy of each and every master recording delivered to Two Feet Films for the purposes of the Contract.

Implied Conditions and Warranties and Limitation of Liability of Two Feet Films

The Customer acknowledges that:

• to the extent permitted by law, conditions and warranties expressed or implied by statute or otherwise are expressly excluded from the Contract;
• its remedy in relation to any breach by Two Feet Films of any condition or warranty not otherwise excluded by these Terms and Conditions is limited to, in respect of a breach relating to the Materials, the replacement of those Materials, and in respect of a breach relating to the provision of the Services, the resupply of those services or the cost of having such services resupplied; and
• Two Feet Films will not be liable to the Customer for any damage or loss whatsoever caused including but not only loss of profits, loss of production, loss of sales opportunity and business reputation, labour costs overhead expenses and damage to equipment or property or any other claim whatsoever arising from or in connection with the performance of its obligations under the Contract.

Termination

If the Customer:

• commits or allows any breach of its obligations under the Contract and fails to rectify that breach within 14 days; or
• becomes bankrupt, or is resolved, wound up or goes into liquidation (as the case may be)

Two Feet Films may elect to terminate the Contract and cease to provide the Services and retain any payments made by the Customer to Two Feet Films pursuant to the Contract which remedies will be in addition to any right of action or remedy that Two Feet Films may have for the recovery of any monies owed to it under the Contract.