Payment is due 7 working days from the issue date of the invoice. A late payment fee of 0.25% per day will be applied to invoices that are not paid by the due date

50% of total fee is payable upfront at the start our relationship together, 25% Progress payment when the project starts and the remaining 25% on completion of the project.

We reserve the right to halt work if payment is not made by the due date as specified in this contract.

Termination In the event of the project being terminated at an early date, for whatever reason, then you agree to pay us in respect of work undertaken at the stage reached by the time of termination.

Intellectual Property & Confidentiality

In undertaking work for you, we will utilise a combination of existing and proprietary technologies/systems (together referred to as the Intellectual Property).When we have received payment from you, and not before, we will grant you usage rights to the footage supplied.

You may assign these rights to use the Intellectual Property to closely related entities or to another entity in the event of a sale of part or all of your business.

We will retain ownership of the Intellectual Property except for content provided by you, your trademarks or specific proprietary concepts provided to you by us. You agree that the total amount quoted is based on the service provided by 41 Digital and does not include the supply of RAW content. Under no circumstances are we liable to supply RAW footage unless otherwise agreed.

We have permission to display and/or portfolio the deliverables arising from your project for promotional purposes, including entering the deliverables in design awards.

We both agree not to use, copy or disclose the other party’s confidential information other than as required to perform our respective obligations under these Terms and Conditions.

Warranties

We always endeavour to provide the deliverables outlined in the Proposal to the highest industry standards. However, we will not be liable for any delay or failure to perform our obligations under these Terms and Conditions due to circumstances beyond our control, including any act or omission of any third party, including subcontractors.

Liability

We will endeavor to meet agreed dates for undertaking and completing works. We will not be liable for any loss to you arising from a delay in the delivery of outsourced production that you have commissioned i.e. photography, content, development.

We shall not be responsible for failure to rectify errors in content once you have given approval. You are responsible for final proofing, testing and approval of the activities and content before it goes live or is distributed.

How we’ll sort out issues

Just in case…. in the event that a dispute arises, we both agree to use our best efforts to resolve any such dispute amicably and expediently through good faith negotiations. If any dispute is not resolved within ten days, we both agree to refer the dispute to a mediator. Nothing in this clause prevents either party from seeking urgent equitable relief before a New Zealand Court.