MADE BY MOKA
TERMS & CONDITIONS OF SERVICE
Welcome to Made by Moka! These terms of service ("Terms") govern your use of our video production services. By engaging our services, you agree to these Terms. Please read them carefully.
1. Services Provided
Made by Moka offers video production and digital content creation services, including but not limited to capturing, editing, and delivering photo and video content.
2. Copyright and License
a. Copyright Ownership: Made by Moka retains all copyrights and intellectual property rights to all video and photo content ("Content") produced as part of our services. This includes raw footage and images, edited videos and images, and any other materials created by Made by Moka.
b. Licence to Client: Upon receipt of full payment for our services, Made by Moka grants the client a non-exclusive, non-transferable licence to use the Content for the client's personal or business purposes as agreed upon. This licence does not include the right to resell or redistribute the Content without explicit written permission from Made by Moka.
3. Payment
a. Fees: Payment terms will be agreed upon prior to commencement of services and an invoice will be sent to the client upon delivery of the Content. All invoices issued by Made by Moka include 7 day payment terms unless otherwise stated.
b. Expenses: Clients are responsible for all agreed-upon expenses related to the production, including but not limited to travel, props, and talent fees, unless otherwise stated.
c. Scope: The scope outlines the agreed upon service at the time of commencement. If the scope of work changes during the service period, Made by Moka reserves the right to adjust the fees payable accordingly. If the scope of services changes during the service period beyond the serviceability, Made by Moka reserves the right to cancel or postpone the service.
4. Delivery of Content
a. Scheduling: Made by Moka will capture all required content during the scheduled service time. If additional time is required, the cost of service may be subject to additional fees or costs.
b. Delivery: Content will be delivered for review by the client within a reasonable timeline. Actual delivery times may vary depending on project complexity and client responsiveness.
c. Acceptance: Upon delivery, the client must review the Content promptly. Any objections or required revisions must be communicated within a reasonable timeframe as agreed upon.
5. Client Responsibilities
a. Cooperation: Clients agree to cooperate with Made by Moka and provide necessary information and approvals in a timely manner to facilitate the provision of services.
b. Assets: Clients are responsible for delivering any digital assets as required, including but not limited to images, logo’s, graphics and animations.
c. Permissions: Clients are responsible for obtaining all necessary permissions, licences, and rights for any elements provided to Made by Moka for inclusion in the Content, including but not limited to music, images, and trademarks. Clients are also responsible for obtaining permissions of any persons featured in content produced by Made by Moka prior to use. By agreeing to these Terms, the client agrees to provide evidence of permissions granted by any persons featured in the Content, upon request.
d. Information: Any information provided by the client, if included in Content, must be accurate and representative of the data or information included in the delivered Content. Made by Moka is not responsible for any errors or inaccuracies in information provided by the client which is included in any Content.
e. Safety: The client is responsible for providing a safe working environment. Made by Moka reserves the right to terminate the project with immediate effect should they be subject to unsafe conditions or improper or aggressive behaviour.
6. Cancellation
a. Client Cancellation: The client is required to provide at least 24 hours notice for cancellations, excluding weather or medical emergency related cancellations, unless otherwise agreed upon. If cancellation is made with less than 24 hours notice, the client is responsible for any costs incurred and may be subject to cancellation fees. All cancellations are required to be communicated via email and SMS.
b. Service Provider Cancellation: Made by Moka reserves the right to cancel any services without notice, though will endeavour to provide as much notice as possible.
7. Limitation of Liability
Made by Moka will not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the services provided, including but not limited to lost profits, even if Made by Moka has been advised of the possibility of such damages.
8. Miscellaneous
a. Governing Law: These Terms are governed by the laws of the state of New South Wales.
b. Entire Agreement: These Terms constitute the entire agreement between Made by Moka and the client regarding the subject matter hereof, superseding any prior agreements or understandings, whether written or oral.
9. Contact Us
If you have any questions or concerns about these Terms, please contact us at hello@madebymoka.com.
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.