TERMS &CONDITIONS

1. GENERAL

CactusCan Pty Ltd conducts business in an open, honest and ethical way, and have written these standard terms to be fair to our customers, suppliers and staff.

CactusCan Pty Ltd quotes are valid for 14 days and are based on the scope listed in the proposal. Before production begins, CactusCan Pty Ltd will review the scope in collaboration with the client to ensure the client’s requirements are met. If the scope of work is more or less than what was originally quoted, CactusCan Pty Ltd will discuss this with the client prior to agreeing on an updated budget.

If the production is to be billed on a time and materials basis, CactusCan Pty Ltd will invoice all work at a standard hourly rate ($250/ hr ex GST) after written approval of the rates is received.

2. SCOPE OF WORK

The client agrees to provide a detailed project scope and brief; and grants CactusCan Pty Ltd creative control over the post-production process within these guidelines. CactusCan Pty Ltd will adhere to each project's agreed scope and brief and will deliver an initial 'Director's cut'.

The client is not permitted to attend, or have direct involvement in the editing process. However, the client may request direct participation or attendance during editing, subject to CactusCan Pty Ltd's discretion. Any such request incurs a fee of $150 per hour (excluding GST) in addition to the agreed quote, due to the impact on the standard editing workflow.

If there are changes or extensions to the agreed project scope or brief, CactusCan Pty Ltd will provide a revised quote or invoice for any additional work at our standard hourly rates. This will be done after confirming the rates and obtaining written approval from the client. CactusCan Pty Ltd will not proceed with any additional work without obtaining written approval.

Please note that project scope changes are at the discretion of CactusCan Pty Ltd and acceptance or denial of such will be based on availability and ability to deliver.

3. ROUNDS OF REVISIONS

Upon receiving the project’s initial ‘Director’s Cut’ (see ‘Scope of Work’), the client must inform CactusCan Pty Ltd of any problems, revisions or changes within FIVE business days. Within these FIVE business days, ONE round of minor changes/ revisions will be provided free of charge, unless otherwise discussed. This ONE round of revisions excludes major changes such as modifications to the project brief, video style, video length, and music selection.

If changes are needed beyond the initial FIVE business day period or if additional revisions are requested beyond the first round of revisions, these will incur charges at a standard hourly rate ($250/hr ex GST). However, any corrections for spelling errors, graphical glitches, or technical issues caused by CactusCan Pty Ltd will be rectified at no charge.

4. PAYMENT TERMS

50% of the total project cost is payable upfront before any work can be commenced. The final 50% (plus any extra expenses you have approved) will be invoiced prior to the project being completed and is payable prior to master delivery. You agree not to use the production until full payment is received. Please discuss these payment terms with your accounts department prior to signing this proposal to ensure there are no delays in delivery.

5. PROJECT CANCELLATION

The client may cancel the contract at any time by giving written notice to CactusCan Pty Ltd, but in doing so will forfeit any monies paid, including the full deposit. The deposit can not be transferred to another booking.

In some circumstances, CactusCan Pty Ltd may request the cancellation of a project. This could be for several reasons including (but not limited to) creative differences or communication breakdowns. In this event, we will invoice you for work completed and refund any remaining amounts. An itemised list will be provided with this invoice or refund.

6. STORAGE AND ARCHIVAL OF FINISHED PROJECTS

CactusCan Pty Ltd retains client RAW files and edited projects for up to THREE months after delivery to the client. However, CactusCan Pty Ltd does not ensure the ongoing viability or safety of projects once delivered files are sent; and takes no responsibility thereafter. The client agrees to maintain backups of all delivered files.

After ONE month, retrieving and sending past deliverables incurs a $50 fee per file. RAW files for storage or use can be purchased at 30% of the original project fee, with a minimum fee of $1,000.

7. SHOOT DELAYS

The client is responsible for obtaining permission from the venue to access areas for photos and/or videos. CactusCan Pty Ltd will not be held responsible for moments lost or delays due to access restrictions or outside interference.

Studio and location shoots can be delayed by providing a minimum of 48 hours notice. If the client provides less than 48 hours notice, the client agrees to pay a cancellation fee equal to 50% of the shoot costs. If the client provides less than 24 hours notice, the client agrees to pay 100% of the shoot cost.

8. COPYRIGHT AGREEMENT AND INTELLECTUAL PROPERTY

CactusCan Pty Ltd retains copyright ownership of all materials produced until the final invoice has been paid. By accepting these terms, the client agrees not to display, broadcast, distribute or use the production in any way until the final invoice has been paid in full, unless the client has received written agreement from CactusCan Pty Ltd. The client will own the copyright on all delivered files after the final invoice has been paid. Raw footage is not part of the deliverables but can be purchased separately. For sensitive projects (those containing footage of minors etc.) the client is welcome to request deletion of the footage from CactusCan Pty Ltd’s servers. IP developed during all projects remains the property of CactusCan Pty Ltd.

CactusCan Pty Ltd has the right to reuse technical components developed during the project. CactusCan Pty Ltd does not release project files unless it has been agreed in writing as part of the project scope.

The client grants CactusCan Pty Ltd permission to utilise any RAW files, deliverables, or project content for promotional purposes and as portfolio material. However, the client retains the right to refuse such usage, provided that this request is communicated to CactusCan Pty Ltd in writing.

9. PRIVACY POLICY

The client has read and agreed to CactusCan Pty Ltd’s Privacy Policy at https://www.cactuscan.com/privacy-policy