1. Delivery & Completion
Release dates are given in good faith. However, delivery is conditional upon Perfect Clarity being able to procure the necessary labour and materials without responsibility for delays arising from weather, transport, accidents or other circumstances beyond reasonable control.
2. Copyright on Original Material
All copyrights and intellectual property rights rest with the provider of the original material. However they rest with Creation Pictures Ltd when vision is captured. The client and the vendor (if any) may use the material provided by Creation Pictures Ltd for any purpose, but may not license third parties to use this material.
3. Copyright on Finished Material
Original files, footage or film supplied to Perfect Clarity will retain the owner’s copyrights, except where broadcast may breach original terms and conditions. Perfect Clarity will keep sensitive information relating to the client confidential at all times. Perfect Clarity reserves the right to decline offensive or inappropriate material as stipulated by the respective international film & video labelling bodies.
4. Reliability
Perfect Clarity provides a robust service at all times. However the progressive global streaming of videos is nodal and Perfect Clarity cannot be held responsible for factors outside of its control including end-user bandwidth, network congestion, ISP speeds or maintenance outages.
5. Brand
Perfect Clarity supplies videos as embedded code and hyperlinks. Perfect Clarity reserves the right to terminate links if they are not used appropriately and/or damage the Perfect Clarity brand. To this end web pages require code embeds and newsletters/emails use hyperlinks. Perfect Clarity does not release stand alone video files to be inserted into client or third party websites.
6. Payment
All bandwidth charges are paid in advance on the 1st of the month. These charges are worked out based on the user volume of advertiser sites. Transmission will not be started until the first payment has been received. Overage is billed at twice the agreed rate at the end of the month. Failure to make any payments will result in the termination without notice. If a client wishes to resume transmission of a link closed in this way then a reconnection fee may apply.
7. Goods & Services Tax (GST)
All services attract 12.5 per cent GST and our tax number is 93-928-652.
8. Overdue Accounts
Perfect Clarity requires payment of all costs involved in the collection of any debt including legal fees, collection agency costs or other third party bills.
9. Sensitive Material
Perfect Clarity agrees that it will keep sensitive information relating to the client confidential at all times. At the request of a client links can be made private, ensuring only specific parties see the footage. Perfect Clarity reserves the right to decline offensive or inappropriate material as stipulated by the New Zealand Film & Video Labelling Body or our own philosophy.
10. Indemnity
The client agrees to indemnify Perfect Clarity against any actions arising out of legislation covering the publication of material either under Freedom of Information Legislation or other actions that may arise from defamation or misrepresentation claims. To this end the client accepts full legal liability for all material broadcast by Perfect Clarity under the client's instructions.
11. Consequential Loss
Perfect Clarity shall not be liable for any costs, claims or damages arising out of any tortuous act, omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals.
12. Legal Construction
The contract shall in all respects operate in conformity with New Zealand commercial law. The New Zealand courts may assume jurisdiction in respect of any dispute.
13. Notices
Any notices served pursuant to these conditions shall be mailed to PO Box 1929, Queenstown 9348. Notices to the client will be directed to the address stipulated, the last address to which deliveries were made or a registered office. Any properly addressed notice sent by registered post shall be deemed received within ten days of dispatch.