KIWI BROADCAST IMAGES TERMS AND CONDITIONS 2025
This is not a fixed estimate and is subject to change should the brief or scope of work change.
1. DEFINITIONS
• The term “Company” shall mean Kiwi Broadcast Images Limited.
• The term “Client” shall mean the person, firm, agency, or company to whom the purchase order/invoice is issued.
• The term “Products or Services” shall mean any product or service provided by the Company to the Client.
• The term “Contract” shall mean the agreement formed between the Client and the Company when an order is received from the Client. An order may be in written, verbal, or electronic form.
2. SUPPLY OF PRODUCTS OR SERVICES
• The Company agrees to supply the products or services to the Client as detailed in the Order/Estimate/Invoice and according to these Terms of Service. Any changes to the scope of work may result in a revised estimate and additional costs.
3. RIGHTS RESERVED
• Should the Company choose not to enforce any or all of these conditions, it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Client accepts these terms and conditions.
4. PAYMENT
• We accept online payments. Estimates prepared by the Company at the date of issue are accurate; however, additional costs may be added for any additional service or product incurred due to changes or additional work required by the Client during pre-production, production, and post-production. All estimates are valid for 14 days from the date of issue. All invoices are due within 14 days from the date of issue. Effective 1st January 2021, we no longer accept cheques as a payment option.
• Electronic options we accept include: electronic funds transfer, direct credit, or legal tender currency, such as banknotes and coins.
• In the event of changes to the scope of work, the Company will notify the Client of any revised charges prior to proceeding with any additional work.
5. BOOKING PROCEDURE
• Calendar permitting, the Company agrees to pencil in dates at no obligation to the Client or the Company. To confirm availability and secure a booking, the Company requires payment as detailed below:
• Upon signing, a 50% advance payment will be billed to confirm the project, and the remaining 50% will be billed on completion and delivery.
• The approving Client must settle the outstanding balance within 14 days of the final invoice.
• Accounts not paid within terms are subject to a 10% monthly finance charge. All bank transfer fees are to be paid by the approving Client.
• Please note that deposits are non-refundable in the event of a cancellation after confirmation.
6. WORKING HOURS
• A full filming/production day entails 10 hours, including travel to filming locations. Overtime is billed at 1.5 times the regular hourly rate beyond 10 hours. National Holiday bookings incur a 15% surcharge on the daily rate.
7. FINAL DELIVERY SIGN-OFF
• The Company requires the Client’s written approval of any final edits/running orders. The Client agrees to cover any additional costs incurred by changes advised thereafter. The Client must provide sign-off on final edits within 7 days of the final submission, or the Company may proceed with the original version.
8. CANCELLATIONS
• In the event of cancellation or delays prior to an agreed filming date:
• 10 days prior to the event, all supplier cancellation fees and pre-production costs incurred by the Company must be paid in full according to the invoice.
• Between 48 and 24 hours, 50% of filming/live stream costs are payable.
• Within 24 hours, 100% of filming/live stream costs are payable.
• The Client will also be responsible for all supplier cancellation fees imposed on Kiwi Broadcast Images Limited.
9. LIABILITY
• The Company accepts no liability for any loss or damage that may arise from the supply of the products or services. In the unlikely event the Company is unable to supply the products or services as specified in the Order/Invoice, liability shall be limited to the total invoice value or monies already paid by the Client. The Company will not be liable to provide replacement services.
• Live stream productions rely on 100% internet uptime; however, 100% uptime can be disrupted. Viewers and users whose internet connection lacks sufficient bandwidth may experience stops, lags, or slow buffering of the content, or service provider outages. Due to the inherent volatility of the internet, the Company accepts no liability for poor stream quality or disruption of internet connectivity and services during event broadcasts.
10. CARE AND DAMAGE TO CLIENT PROPERTY
• Whilst every care is taken in the handling of the Client’s property, the Company accepts no responsibility for any loss or damage due to unforeseen circumstances whilst in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media, and in no circumstances will any liability attach to any claim for the value of the content.
11. RIGHT OF ASSIGNMENT
• The Company retains its right to assign the supply of the products or services to the Client to another suitable company should they be unable to complete the commission under these Terms of Service.
12. FILMING PERMITS AND INCLUSION OF COPYRIGHT MATERIAL
• The Client will ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the products or services. The Client agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Client.
• The Client will ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying products or services.
13. HEALTH & SAFETY
• The Company reserves the right not to film in dangerous or unsafe situations. The Company and Client will observe current Health & Safety regulations and have due consideration for the safety and welfare of staff and the general public.
14. COPYRIGHT
• The Company reserves the right to display parts of the Client’s video/live stream on the Company’s website and social media platforms unless otherwise agreed during the booking process.
15. CONFIDENTIALITY
• Unless otherwise agreed, the Company will treat any information gained during the supply of the products or services as private and confidential. Likewise, the Client shall keep confidential any methods or technology used by the Company to supply the products or services.
16. GOVERNING LAW
• These Terms of Service and any accompanying letter and/or contract are governed by the laws of New Zealand. Any legal actions arising from the contract shall be filed in New Zealand courts.
17. ELECTRONIC ACCEPTANCE
• If the Client and/or the approving company agree with the terms and conditions, please accept this electronic form as confirmation of this project. By accepting this electronic form, the Client confirms approval and acceptance of the cost and terms referenced above, and acknowledges any scope changes may result in updated estimates.