Please note that each project is a little different and often revised terms and conditions (T&C’s) are required depending on the specific project requirements. You may have questions on these T&C’s and we are more than happy to answer these. Please note that a legally binding agreement only takes effect once you accept the relevant T&C’s and a signed quote or statement of work is agreed on.
Here are our standard T&C’s, updated 2021:
TERMS & CONDITIONS: Please note that signing this agreement creates a legally binding document. STRATEGIC MINDS COMMUNICATIONS PTY LTD will be referred to as STRATEGIC MINDS for these T&C’s • PAYMENTS/ESTIMATES: For all amounts over $1000 we require a 50% payment upfront and final payment within 14 days of delivery of the project. • For selected projects, where agreed in advance, STRATEGIC MINDS may invoice in instalments or progressively invoice work that extends past calendar month end. • STRATEGIC MINDS reserves the right to cease work on a project if payments for periodic work is completed but invoices unpaid. • Full payment is required within 30 days of date of final invoice. STRATEGIC MINDS reserve the right to charge interest at 5% of the full invoice amount per month, every month until paid in full. • Charges for strategy development, design concepts, finished art or video scripts submitted for approval apply in full, irrespective of whether the client proceeds with the project or not. If, for some reason, a job is not able to be completed, an amount will be invoiced based on the amount of work completed at that stage. • This estimate does not include incidental charges such as pre-approved out-of-pocket expenses, couriers, talent fees, travel outside the Newcastle metropolitan area, legal and or statutory fees, unless specifically listed in the costing schedule. • Unless otherwise stated, this estimate does not costs of photography, photo-retouching, us of any copyrighted images or licensed music. Full and appropriate rights and permissions need to be obtained first and may need to be quoted separately depending on use, eg. broadcast, online, websites etc • Quoted prices on all media plans supplied are planning costs only, and cannot be guaranteed until time of booking. It is recommended that media be booked as early as possible to secure space and positioning required. • The CLIENT agrees to pay all media and printing costs in advance of printing, publishing or airing. STRATEGIC MINDS reserves the right not to be held responsible for any media or print bookings lost due to late payment by the CLIENT. • SIGN-OFF AND APPROVAL: The CLIENT accepts full responsibility for proof reading and spell checking of artwork and copy, and colour reproduction in accordance with media guidelines by each media owner. Although every effort is made to avoid such occurrences, STRATEGIC MINDS can accept no responsibility for errors or omissions undetected by the client. It is advised that all content is rigorously reviewed by all clients and that, if in any doubt, reviewed by internal or external legal counsel. If in any doubt as to accuracy of content or any other legal obligations STRATEGIC MINDS can arrange for professional legal advice on a project basis. Where STRATEGIC MINDS are paid to write content, the CLIENT is required to check and approve all information. STRATEGIC MINDS standard procedure is for clients to sign off and approve all print, web and video material prior to publishing or broadcast. The CLIENT will be notified of the stages approval is required and the job may not be able to proceed without signoff. • CONFIDENTIALITY: Confidential Information means information that includes, but is not limited to, any information (whether or not in a material form) of a commercial, operational, technical or financial type which is not publicly available, and specifically all information relating to plans, strategies, concepts, projects, processes, drawings, computer databases and software, code, designs, film footage and audio recordings, specifications, records, reports, the identity of clients and their requirements, sales and marketing and any trade secrets and confidential know-how. We require you to keep any disclosed information confidential and you will not for your own benefit, or for the benefit of any other person make use of any confidential information. If there is any uncertainty about whether the information is confidential, the information is taken to be Confidential Information unless otherwise advised by Strategic Minds. • ARTWORK, MEDIA AND WEB HOSTING DETAILS: STRATEGIC MINDS is not liable for delays in job completion caused by equipment breakdown, weather or delays caused by outside suppliers or delays caused by failure of the CLIENT to comply with negotiated schedules. • Corrections or additions to the original brief are charged at the rate of $150/hour and apply to changes and/or additions made after STRATEGIC MINDS has fulfilled the brief as supplied by the CLIENT and agreed upon by both parties. The client also agrees to pay any additional costs incurred (e.g. film, print, colour visuals, film crew) as a result of such author’s corrections or revised plans. • All media will be placed as agreed between CLIENT and STRATEGIC MINDS. STRATEGIC MINDS accepts no liability for changes to the agreed media plan, which are made by the media owners, which have not informed STRATEGIC MINDS prior. • Unless otherwise stated, STRATEGIC MINDS. STRATEGIC MINDS fees and charges do not include website hosting, registration of domain names and the CLIENT accepts this responsibility • FILM LEGALITIES AND LIABILITY: STRATEGIC MINDS make every effort to ensure a safe filming environment, after risk assessment any concerns will be raised immediately with the CLIENT. The CLIENT is required to do all they reasonably can to assist in identifying dangers or obstacles to the film production process. • Every effort to find suitable alternative locations or postpone filming when feasible, which will be at the discretion of STRATEGIC MINDS. • STRATEGIC MINDS will arrange for talent release forms for all people featured is video production, the CLIENT is required to assist in obtaining this approval which is required for a project to be delivered. • PUBLIC LIABILITY INSURANCE: Unless otherwise stated and extra insurance has been obtained, STRATEGIC MINDS will have Public Liability insurance to covet themselves, particularly on film sets/location. STRATEGIC MINDS will ensure that any contractors engaged have the appropriate level of Public Liability insurance particularly for film sets. The CLIENT is responsible for any insurance required by the CLIENT or it’s own CLIENT’s that may be involved in filming or other projects. • COPYRIGHT: STRATEGIC MINDS retains the copyright and ownership of all strategy, creative development and video production until such a time as full payment has been received. The customer must keep confidential any strategic or creative ideas presented by STRATEGIC MINDS until full payment has been made, unless written permission has been given or a creative brief has been signed off by the customer asking STRATEGIC MINDS to commence work, along with 50% payment upfront. • The CLIENT agrees to pay ongoing music licensing and costs for use of any other copyrighted material beyond for which the material is licenses as part of the specified project. Failure by the CLIENT to comply with licensing agreements is the CLIENT’s responsibility • INTELLECTUAL PROPERTY AND PITCHING/PROPOSALS: Any and all work developed and presented by STRATEGIC MINDS as part of a creative pitch or proposal (whether RFT or other pick process) may not be used by the person or company presented to without permission and without paying STRATEGIC MINDS an agreed fee. Failure to comply could result in legal action being taken by STRATEGIC MINDS. Creative concepts or strategy developed as part of a pitch or proposal may not be completed by a third party without payment and permission. • DELIVERY DATE: STRATEGIC MINDS will make every effort to meet delivery dates but this may not be possible where these dates are estimates only, dependent on delays out of our control, supply of client material and delayed client approval time. • PROVISION OF ARTWORK AND FINAL FILES: Where agreed to prior in writing, STRATEGIC MINDS will provide working files, media assets and other raw files at completion of the project. If the time involved has not been stated in the quotation additional hourly rate will apply plus courier fees and purchase of a hard drive (if required) at the CLIENT’s expense. supply of client material and delayed client approval time. • Unless otherwise or specifically requested by the CLIENT, STRATEGIC MINDS reserve the right to use any work produced over the duration of a project as part of their showcase gallery or as part of a case study. Client information that is classified as confidential will remain so unless permission is given by the CLIENT. • SOLICITATION OF CONTRACTORS: The CLIENT agrees that, during the term of the project contract with STRATEGIC MINDS and for twelve (12) months after the completion or termination thereof, that the CLIENT will not directly or indirectly approach any contractor of collaborative partner of STRATEGIC MINDS involved in the delivery of this project to perform the same job duties or seek further employment or contract work for the same job duties with the CONTRACTOR in question. Should the CLIENT wish to approach a contractor or collaborative partner for a different project the CLIENT agrees to the courtesy of discussing this with STRATEGIC MINDS and obtain written consent from STRATEGIC MINDS before proceeding to engage the CONTRACTOR. • AUTHORITY TO COMMENCE WORK: STRATEGIC MINDS will begin work ONLY upon CLIENT’S approval of the written quote and completion of a brief detailing the agreed content. Film and video projects requite an accurate Statement of Work (SOW) to be agreed on and approved by the CLIENT. This will ensure expectations are managed on both sides, and provides a clear set of objectives and criteria. Your written authority (signature on quote) will constitute a legally binding agreement between us. Please sign and return to Strategic Minds Communications (keep a copy for your records).
Should you have any queries with these T&C’s please contact us, otherwise we will assume that you are happy to engage us with this foundation in place.