Zyon Films Terms & Conditions
The following terms and conditions of service apply to all services provided by Zyon Entertainment Pty. Ltd.
1. NATURE OF AGREEMENT
These terms and conditions are included in your agreement with the Company (“Zyon Entertainment Pty Ltd trading as Zyon Films”). These terms and conditions apply to all productions undertaken for you by Zyon Films. You are deemed to have accepted these terms and conditions if you proceed in your dealings with Zyon Films after receiving notice of these terms and conditions. Unless expressly agreed to the contrary in writing, the Producer will be deemed to have delivered the product if a complete and reasonably acceptable master is made available to you.
2. FIXED COST BASIS
This contract is on a fixed cost basis. Zyon Films is entitled to adjust and reallocate the costs which make up the agreed or estimated total. This means that a failure by Zyon Films to incur a particular cost does not prevent Zyon Films from allowing for that cost when charging the agreed or estimated total. (For example if there is an amount estimated for wardrobe, Zyon Films is permitted to reallocate that amount or a portion of that amount to another line item in the budget e.g. location costs).
3. EXTRA COSTS
You acknowledge and agree that Zyon Films is entitled to charge extra production costs if you change specifications or requirements for the production. The changes, which may attract extra production costs, include, but are not limited to, changes to approved production schedules, treatments, scripts, artwork or storyboards. Previously available goods and services may cease to be available if production schedules change.
Zyon Films may agree to alter the payment terms prior to production commencing. This will be articulated in the Zyon Films estimate. A 50% upfront payment of the agreed or estimated production cost (plus GST) must be paid to Zyon Films not later than three working days before the first date scheduled for commencement of work. A second payment of 50% (plus GST) is due prior to the delivery of the final master.
5. CANCELLATION AND POSTPONEMENT
If you cancel production, in circumstances where Zyon Films has committed no material breach of agreement, you must:
(a) Reimburse Zyon Films a 50% cancellation fee of the Total Cost if the production is cancelled after awarding the job but before the 48-hour pre-shoot period.
(b) Pay Zyon Films a 100% cancellation fee for all salaries, equipment, sub-contractor’s fees, and 100% of all out-of pocket costs to date for a production cancelled or postponed within 48 hours of scheduled shooting due to circumstances above and beyond the control of Zyon Films.
(c) If the production involves postproduction, and you cancel after postproduction has commenced, you must pay for all production and post production costs incurred to that point.
6. CONTINGENCY AND WEATHER DAYS
If a production is frustrated or delayed by bad weather, a contingency beyond the control of Zyon Films, or some other force majeure, you must, in addition to all other agreed or stipulated payments, pay Zyon Films:
(a) In the case of weather, all additional costs incurred as a result, including all salaries, equipment, sub-contractor’s fees, additional producing costs and all out-of-pocket costs. Or in the even that an amount is specified as a weather day contingency then that amount will be payable.
(b) In all other cases, the direct costs incurred by Zyon Films in respect of the period in question. A delay or postponement for more than 30 days in the production or postproduction of a job, which is not caused by a force majeure event, is deemed to be a cancellation.
7. TITLE AND USAGE
Zyon Films is the owner of the intellectual property rights of all films and other copyright subject matter created in the course of production. Zyon Films is also the owner of all chattels created in the course of production. The copyright ownership of the final master is assigned to you when you have paid all fees due to Zyon Films for the production. Pending such payment, Zyon Films retains all rights in that copyright. The operation of s. 98(3) of the Copyright Act 1968, “Ownership of copyright in cinematograph films” is excluded from your agreement with Zyon Films. Your rights in the production are subject to all bonafide third party rights attaching to the production. This may include, but is not limited to, computer software, models, armature, characters, artistic works and sound recordings. The agreement between Zyon Films and you does not entitle you or your client to deal with these components separately from the production as a whole. You must not edit, manipulate, re-sequence or otherwise alter the Production after delivery unless by applicable laws governing the Broadcast. You or your client are only entitled to use the production for the purpose, in the media and in the territory agreed before production commenced. Without limiting Zyon Films rights, you must pay such further fees as Zyon Films incurs and may reasonably charge in the circumstances. If you are responsible for the contracting of actors and other talent, you must ensure that you notify these actors and other talent of the change, and pay due fees accordingly. You license Zyon Films to do all of the acts comprising the copyright in the production, throughout the world, for the purposes of:
(a) entering the commercial in competitions and industry awards; and
(b) Promoting Zyon Films, its contractors and employees.
You must obtain all necessary licenses and clearances in respect of the production and broadcast of the production, including without limitation, all music synchronisation licenses and Film Library master use licenses excluding those outlined by Zyon Films in the production estimate agreement. Your agreement with Zyon Films is made in Australia in which Zyon Films has its principal place of business. You submit to the non-exclusive jurisdiction of the courts of Australia. Once creative/production is delivered Zyon Films reserve the right to use the finished product across Zyon Films promotional assets.