Have questions about who owns your finished video project? How billing works? Or how long we’ll store your files? Browse our standard terms of service for answers. These standardized terms apply to all of our working agreements. Don’t see your question answered or your project requires a different approach? Contact us to work out the details of your video project.
When you’re ready to move ahead with your video project, you will be need to sign a formal agreement that outlines the scope of the project, the anticipated timing and the estimated budget to complete the work outlined. The budget supplied will not include applicable provincial, federal and other taxes. Taxes will be added to your invoice.
Our agreements always include a 10% contingency fund for unexpected expenses during development and production of your project. In the unlikely event that your project requires a budget increase that exceeds the 10% contingency allowance, you will be asked to authorize the increase in advance.
This agreement is binding upon both you, the client, and NakedLens and enforceable in accordance with its terms.
You may request changes to your video project at any time. When you make a change request, your account manager will immediately assess the impact on budget and timing, and you will be notified in writing of any additional charges resulting from your request. At that time, you may either approve the budget to proceed with the requested changes or withdraw the request. The resulting “change order” will be considered an amendment of the original agreement and subject to all of the same terms as the original agreement.
By their nature, video productions involve creative and artistic elements and assessment of such elements is highly subjective and personal. NakedLens endeavours to ensure that your project meets all of your specifications, as detailed in the original agreement and any subsequent change orders and reserves the ultimate authority to determine whether the project, as delivered, meets those specifications.
The budget and timing of your project will be directly tied to the decisions you make throughout the production process. Delays in the availability of key individuals for interviews or access to facilities to film required scenes, and changes in your script or storyline during production or post-production can have a significant impact, both to the completion time and the budget for your project.
Any extra cost or liability resulting from such delays, or any other interruptions or delays attributable to you, the Client, and/or your employees and partners, will be added to the project cost and paid for by the client.
You are also responsible for timely payment of all invoices. Delays in payment of invoices may result in your project being placed on hold until the account can be brought back into good standing.
A non-refundable deposit of fifty percent (50%) of the approved budget is to be paid within 7 calendar days of signing the agreement.
During production, invoices are issued monthly, on the first day of the calendar month for services rendered and costs incurred to date. Major third party expenses are billed in advance, and payment in full for those expenses may be required in advance. All related third-party costs incurred during the project will be subject to a standard mark-up of 10%.
Our invoices are due on receipt. A service charge of 2% is compounded monthly on all overdue balances.
If you need to cancel your project for any reason after the agreement has been signed and the deposit has been paid, you must do so in writing. At the time that NakedLens accepts your cancellation request, you will be required to pay in full the fees for services rendered to date, the full cost of any third party expenses, costs and liabilities that NakedLens has incurred on your behalf and any other costs and liabilities which we will incur by reason of your cancellation. To the extent that your remaining deposit exceeds the sum of all expenses, costs and services rendered to date, you will forfeit your deposit.
You guarantee and warrant that all materials you provide us for use in your production are either owned by you, or you have all the necessary rights, including copyright and waiver of moral rights, as required to distribute the material within the context of your video project.
Ownership of your project remains the property of NakedLens until such time as payment in full has been received for sums owing in relation to the project. On receipt of full payment, full ownership of the finished project passes entirely to you, the client. NakedLens reserves the right to use the project, in whole or in part, for the purpose of promoting both NakedLens and our parent agency, Kinetix Media.
NadkedLens will maintain an archive of your project and all working files for a period of 30 days following completion of your project. At the end of 30 days, NakedLens may destroy all such materials without notice to you. You may choose to have the project files archived beyond 30 days either by purchasing an archiving plan or, for a one-time fee, having the files moved to a dedicated storage device to be kept at your premises.
NakedLens is not responsible for information or materials lost or destroyed due to disk failure or other unforeseeable hazards. We will provide you with reasonable access to all stored materials. Nominal fees may be required for the retrieval of materials from archive.
The Client will indemnify, defend, and save harmless NakedLens and Kinetix Media against any claim, damages and expense, actions or causes of action arising from or prompted by the use of any material supplied to NakedLens by the Client or its agents.
All property belonging to the Client or its agents which is handled and stored by NakedLens or it’s partners and contractors shall be done so at the Client’s own risk.
NakedLens is not responsible for errors or omissions in any work produced as per the Client’s approval. NakedLens and Kinetix Media assume no financial responsibility for errors or damages resulting from such errors.
In the event that NakedLens’ ability to meet its obligations under this agreement are affected by circumstances beyond our control, such as but not limited to, the denial or cancellation of necessary permits or licenses, substantial increases in costs, or the failure of suppliers to fulfill their obligations, NakedLens may cancel or withdraw any contract or proposal and will not be held liable for any loss or damage as a result.