Last updated: 25 Sep 2025

These terms apply to all proposals, scopes of work, retainers, and projects supplied by 4ffinity Pty Ltd (ABN 62 689 247 345). By approving a proposal, paying an invoice, or asking us to begin, you accept these terms.

1. Definitions

• Business Day: Any day other than a Saturday, Sunday, or Victorian public holiday.

• Business Hours: 10:00 to 18:00 Melbourne time.

• Client: The person or entity purchasing services from 4ffinity.

• Deliverables: Edited videos, photos, graphics, audio assets, or other content described in a Scope of Work.

• Minor Revision: Trims, text or colour tweaks, spelling fixes, logo swaps, and changes up to 10 seconds of runtime.

• Major Revision: Any change to music, pacing, story, brand style, length, structure, or concept that requires re-editing or re-shooting.

• Classification: 4ffinity has final discretion to classify a revision as Minor or Major, acting reasonably.

• Scope of Work (SOW): A document that sets services, quantities, dates, fees, and special terms for a specific engagement.

• Start Date: The date stated in the SOW or, if none, the earlier of proposal approval or first payment.

2. Engagement model

• Services are delivered per the current SOW.

• Work outside the SOW is not included. We will provide a quote and will not commence until written approval is received. If the Client instructs us to proceed urgently by email or message, that written instruction counts as approval and out-of-scope time is billable at our current rate card or the quoted amount.

• Minimum on-site booking per crew member is 3 hours unless the SOW states otherwise.

3. Fees and payment

• Retainers: Billed monthly in advance unless stated otherwise.

• Projects: Deposit of 30 to 50 percent due to book dates. Our default is 50 percent unless the SOW states a different amount. Balances are billed on delivery milestones in the SOW.

• Payment terms: Invoices are due within 7 days. We may collect payment by card or direct debit.

• Late and collection: Admin fee A$30 plus 1.5 percent per month simple interest from due date. We may pause work if any invoice is 7 days overdue and terminate if any invoice is more than 21 days overdue. The Client agrees to pay reasonable recovery and legal costs we incur in collecting overdue amounts.

• GST: All amounts are ex GST. Australian GST at 10 percent is added to invoices.

• Licence link: The licence in Clause 7 only takes effect once all amounts due are paid in full and on time.

4ffinity right to suspend or terminate for non-payment

• We may suspend services for any overdue amount and may terminate the engagement if the amount remains unpaid for more than 21 days. All work completed and booked third-party costs up to termination are payable.

4. Scheduling, rescheduling, cancellations, and Client delays

• Shoots and on-site services:

  • Reschedule 48 hours or more before the call time: no fee.

  • Reschedule 48 to 24 hours before: 50 percent of the scheduled on-site fee.

  • Cancel 7 to 1 day before: 50 percent of the scheduled on-site fee.

  • Cancel within 24 hours: 100 percent of the scheduled on-site fee.

  • If we reschedule, no fee applies and we will offer a new date promptly.

• Client-caused delays after work has commenced: If the Client causes delays that prevent scheduled work, we may charge a reasonable holding or standby fee for lost production time. For full-day holds, this is typically 50 percent of the day rate per affected person.

• Out-of-pocket costs: Non-refundable travel, permits, rentals, talent, or accommodation already incurred due to Client changes are payable by the Client.

5. Approvals, revisions, and feedback

• One Minor Revision round per deliverable is included if requested within 5 Business Days of delivery.

• Extra Minor Revision rounds and all Major Revisions are billed at the current rate or quoted as new deliverables.

• Consolidate feedback per round in one email or one comment thread. Mixed channels may count as an extra round.

• If Client feedback is delayed more than 10 Business Days, timelines extend day-for-day and we may invoice for work done to date.

6. Deliverables and formats

• Deliverables and durations are per the SOW. Unless specified, short vertical edits are 20 to 45 seconds.

• Standard outputs: H.264 MP4 in 16:9 and 9:16. Subtitles can be supplied as .srt on request.

• Delivery is via secure cloud link such as Dropbox. Links remain active for 90 days.

7. Usage rights and intellectual property

• On full and timely payment, the Client receives a non-exclusive, perpetual licence to use the final edited Deliverables for its own web, social media, and internal marketing.

• Paid advertising usage cap: Included for online platforms up to a total ad spend of A$10,000 per Deliverable (lifetime). Above that threshold, or for additional platforms, we will quote an extended licence.

• Media exclusions: TV, radio, cinema, out-of-home, programmatic CTV, broadcast, and third-party syndication are not included unless licensed in the SOW.

• Territory: Worldwide online use is included unless the SOW states a different territory.

• Portfolio carve-out: 4ffinity may showcase completed work in its portfolio, website, social media, award entries, and case studies. This is not a breach of confidentiality. The Client may request confidentiality in writing before production.

• Raw footage and project files: Not included by default. If licensed, it is on a non-exclusive basis for the Client’s internal archive and for creating new edits for the Client’s own channels that are consistent with these Terms. No resale, relicensing, stock footage use, or transfer to third parties except the Client’s appointed agencies for the Client’s campaigns. Third parties may not claim ownership or authorship.

8. Music licensing and platform claims

• The Client is solely responsible for selecting and licensing all music, including tracks from Epidemic Sound and similar libraries. Licences must cover the intended use, platforms, territories, and paid advertising. Proof of licence must be provided on request.

• 4ffinity has no liability for any claim, takedown, fee, demonetisation, reduction in distribution, or loss arising from music use or Content ID systems. If we suggest a track, licensing and compliance remain the Client’s responsibility.

9. Client-supplied materials, releases, and legal clearance

• The Client warrants it owns or has licences for all logos, scripts, images, brand assets, and materials it supplies and will indemnify 4ffinity against claims arising from their use.

• Where people appear on camera, the Client will obtain talent or model releases unless the SOW states 4ffinity will manage these.

• No legal clearance by default: Our services do not include legal review, Errors and Omissions insurance, defamation clearance, or regulatory approvals unless explicitly stated in the SOW. The Client is responsible for all such matters and costs.

10. Safety, site access, and equipment

• The Client provides safe access to locations and a safe working environment. We may suspend work if a site is unsafe and resume once hazards are resolved.

• The Client is liable for loss of, or damage to, 4ffinity equipment caused by Client personnel, guests, or site conditions. Normal wear and tear is excluded.

11. Travel and expenses

• Travel time may be billable at the current rate card unless the SOW states otherwise.

• Parking, tolls, permits, and accommodation are recharged at cost.

12. File retention and archive

• Working files are retained for 90 days after final delivery.

• For active retainers, we maintain a cloud archive for convenience. If a retainer ends, files remain archived for 90 days. Retrieval after that is not guaranteed. Long-term archival can be arranged for a fee.

13. Subcontractors and non-solicitation

• 4ffinity may use vetted subcontractors and remains responsible for quality control.

• The Client agrees not to directly hire or solicit our staff or core subcontractors during the engagement and for 6 months after it ends.

14. Warranties, liability, and client indemnity

• We provide services with due care and skill.

• Liability cap: To the maximum extent permitted by law, 4ffinity’s total liability for any claim under a specific SOW is limited to the total fees paid by the Client to 4ffinity for that SOW. 4ffinity is not liable for indirect, incidental, or consequential loss.

• Client indemnity: The Client indemnifies 4ffinity against losses and claims arising from:

  • materials or instructions supplied by the Client

  • misuse, unlawful, misleading, or defamatory use of Deliverables

  • misrepresentation of the Deliverables or attribution to third parties

  • unsafe worksites or hazards controlled by the Client

  • breach of the Client warranties in these Terms.

15. Force majeure

• Neither party is liable for delay or failure to perform caused by events beyond reasonable control. Timelines will be adjusted in good faith.

• Force majeure does not excuse payment for services already delivered, booked third-party costs, or expenses already incurred.

16. Term and termination

• Term: As per the SOW. Retainers roll month-to-month after the initial term unless ended under this clause.

• Convenience: Either party may terminate with 30 days’ written notice. The Client must pay for work done to the effective termination date and any non-refundable costs already committed.

• For cause: We may terminate immediately if the Client is more than 21 days overdue on any invoice, is insolvent, or materially breaches these Terms and does not remedy within 7 days of notice.

• On termination, we will deliver any completed Deliverables owed under the SOW once all invoices are paid. Access to systems and working files ceases on termination.

17. Dispute resolution and governing law

• If a dispute arises, the parties will first attempt good-faith negotiation.

• If unresolved after 30 days, either party may refer the dispute to mediation in Victoria, Australia. Mediation costs are split equally unless agreed otherwise.

• If mediation fails, either party may commence court proceedings.

• These Terms are governed by the laws of Victoria, Australia.

18. Changes to these terms

• We may update these Terms from time to time. The version on this page at the time of your approval of a proposal or payment will apply to that engagement. Material changes will be highlighted with a new Last updated date.

19. Contact

4ffinity Pty Ltd
Melbourne, Victoria
info@4ffinity.com.au
ABN 62 689 247 345