Terms Of Business.

We get it, complicated legal jargon isn’t for everyone so let’s cover a basic agreement before we get into our full terms and conditions.

1. Respect Each Other
Let’s respect each other and we’ll all finish with something we’re all proud of.

2. Keep The Momentum Going
There’s nothing more satisfying than getting to project completion, but to get there please ensure you work with us where required to keep your project on track.

3. Trust Us
At the end of the day, we’re here to help you succeed. We have your best interests at heart and we need you to trust that we know what we’re doing. We ask that you trust us to make the right judgements and decisions.

4. Provide Clarity & Avoid Lengthy Revisions
Please provide project and expectation clarity and keep your revisions to a reasonable amount and avoid to-and-fros over small details. One way to overcome this is by providing clear notes and by collating all feedback and providing it to us at once, this will help keep your budget on track.

5. Care & Dedication
We carry out all projects with care and dedication but we take no liability whatsoever for the impacts our work has on your business (good or bad). If our work helps you double your revenue overnight, you get all the recognition. If it leads to you getting sued, you take all the blame.

6. Payment
Until payment is received our hard work remains the property of MoMac. We also maintain the right to take down any website or work produced for you if payment is not received by the invoiced due date.

When you work with MoMac you agree to the Agreement including the terms and conditions set out in this document.

Engagement

The term MoMac, as mentioned in these terms and conditions, shall refer to MoMac Socialising Media Limited.

The term “Client” or the term “you”, as mentioned in these terms and conditions, shall be the party agreeing to this proposal.

The Client may engage MoMac to perform work by advising MoMac in writing or through verbal confirmation that is acceptable to MoMac. It is recommended by MoMac that all confirmation of work be completed in writing.

If MoMac agrees to do work for the Client, such work is based on information supplied by the Client. A non-refundable deposit may also be required by MoMac.

The Client shall indemnify MoMac and its directors, officers and employees from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, the provision of materials, use of Services by the Client or anyone else, any breach of these terms and conditions by the Client, any illegal or defamatory Photographic/Video Works produced for the Client, any infringement of an intellectual property right of any person, any Photographic/Video Works that invade any person’s right to privacy or other personal right, any Photographic/Video Works that fail to comply with any local, national or international law, act or regulation, or howsoever otherwise arising.

Quotes & Estimates

Any quote or estimate given is based on the brief and information provided by the Client and is subject to change if the brief and/or information changes. Any additions or changes outside the initial brief and information provided shall be charged at the hourly rates shown in the schedule of this document unless otherwise agreed.

All quotes and estimates are valid for 30 days from the date it is provided unless otherwise stated.

Estimates are not firm quotations and are liable to alteration. Any change to instructions given by the Client or job specifications made or agreed upon may alter the fees and Job-Related Costs.

The MoMac office is our preferred location for all job-related meetings and project reviews as it is appropriately set up for meetings and presentations. If you would prefer meetings throughout your project at your office or any other location additional fees may apply.

Pricing And Payment

The Client shall pay MoMac the various amounts payable in accordance with the agreement. MoMac reserves the right to require payment before any material is made available to the Client and also reserves the right to issue an invoice at any time for work already completed.

If MoMac’s fee and/or expenses are not quoted in advance, or if work is done that is additional to the initial agreement, then the Client shall pay the amount invoiced by MoMac in accordance with the rates shown in the schedule of this document.

Service Rates & Fees

Service rates and fees are defined in the schedule of this document and all services are charged in 15-minute increments.

* Our minimum charge out fee is 30 mins.

Deposits

Before any work starts or the project commences, MoMac may require a non-refundable deposit for part or all of the amounts quoted in advance.

Payment Terms

Unless otherwise specified in the agreement, payment is due within 14 days of the invoice. Extended payment terms can be agreed upon but must be agreed to in writing before the invoice is issued.

Overdue Payments

In the event that any monies are not paid in full on the due date, MoMac may suspend any further work until all amounts owing and any costs incurred are paid in full.

MoMac shall be entitled to charge interest at a rate of 5% per week on any overdue amounts outstanding.

All debt collection and related costs such as legal expenses (on a solicitor-client basis) will be on-charged to the Client.

Associated Costs / Reimbursements

The Client is responsible for all travel, accommodation and meal costs incurred by any MoMac employee or contractor unless provided by the Client. All travel expenses are based on the distance or time between the event location(s) and MoMac’s office/studio address. Unless otherwise stated in writing, the Client shall be charged for MoMac’s travel costs by set fee, mileage fee or in any other manner that MoMac chooses.

The Client shall reimburse MoMac for all Job-Related Costs where MoMac makes payment to others on behalf of the Client. MoMac may add a service charge or commission, determined at MoMac’s absolute discretion. Unless otherwise specified in the agreement, the Client must pay all job related costs and service charges/commissions to MoMac within 14 days of invoice.

Cancellations

If the Client cancels a Booking/order or withdraws material while work is in process and/or prior to completion of the end product, MoMac assumes no responsibility for the completion of the end work and is entitled to payment for all work completed at the time of cancellation or withdrawal along with payment for all charges incurred for materials.

Stalled Projects

Where a project has stalled for longer than 30 days and the project completion is outside of MoMac’s control, MoMac will invoice for all work completed on any unfinished work or projects and any Job-Related Costs incurred at that time. Examples include: failure to provide feedback on revisions or drafts including or sign off (approval) of any completed work.

Work Suspended

Where the Client instructs that work is to be suspended for a period of 30 days or more, the Client must, at the time of suspension, pay MoMac for all work in progress and any Job-Related Costs incurred at that time.

Work Forfeited

Where the Client has failed to make reasonable attempts to complete the agreed work and or project, and has made no contact within 30 days it can be assumed that the Client has forfeited the job and must, at the time of project suspension, pay MoMac for all work in progress and any Job-Related Costs incurred at that time.

Shooting Time / Additions

The Client and MoMac agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. The Client shall be liable to pay for the travel time of MoMac employees attending the shooting unless MoMac agrees otherwise.

If the Client does not arrive at the appointed time for the event(s), shooting fees will commence at the scheduled start time and end at the scheduled end time. Any additional time beyond the scheduled end time will be at the sole discretion of MoMac and will be billed to the Client.

Day Rate Terms Definitions;
Full Day = 8.0 hours (including associated travel time)
Half Day = 4.0 hours (including associated travel time)

Location & Venue Limitations

MoMac is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on MoMac. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; MoMac may offer technical recommendations only.

Permissions & Permits

The Client is responsible for acquiring all permits and necessary permission for all locations and surrounding properties on which MoMac will be performing its services. Where required MoMac may be able to organise this but will charge the Client administration and handling fees.

Crew Safety

MoMac reserves to right to terminate coverage and leave the location of the event(s) if the film crew from MoMac or its contractors experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s); or in the event that the safety of the film crew from MoMac or its contractors is in question.

Cancellation / Postponement

Subject to any specific terms in the agreement, if the Client cancels or postpones the date of the Booking/Order, the following shall apply:

A: Within 2 days of the booked shoot day, the Client must pay a fee of 25% of MoMac’s estimated/quoted daily fee for each day that the Booking/Order is postponed.

B: Within 3-4 days of the booked shoot day, the Client must pay a fee of 15% of MoMac’s estimated/quoted daily fee for each day that the Booking/Order is postponed.

C: Within 5-7 days of the booked shoot day, the Client must pay a fee of 5% of MoMac’s estimated/quoted daily fee for each day that the Booking/Order is postponed.

D: The Client must also pay MoMac for any non-refundable Job-Related Costs incurred by MoMac.

The Client acknowledges and agrees that these postponement/cancellation fees fairly reflect the loss suffered by MoMac and MoMac’s ability to re-schedule work and reallocate resources, depending upon the amount of notice given.

Bad Weather Conditions

Where unexpected bad weather coincides with your booked shoot day, and either party is unable to complete the job it is first recommended that the shoot be rescheduled to avoid cancellation fees. Where the shoot cannot be rescheduled, Cancellation / Postponement fees may apply.

If the MoMac film crew have already departed the office or home base the quoted day fees will still apply. Unexpected bad weather examples include moderate to heavy rain, high wind gusts and snowfall.

Responsibilities

MoMac is not responsible for compromised coverage due to causes beyond the control of MoMac including but not limited to obtrusive persons, lateness of the Client or associates, weather conditions, schedule complications, incorrect addresses provided to MoMac, or restrictions of the locations. MoMac is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. MoMac is not liable for missed coverage of any part of the event(s). MoMac is not liable for failure to deliver images/video of any individuals or any objects at the event(s).

Consents & Model Release

The parties agree that MoMac holds no responsibility for organising approvals for any model release and consents unless agreed in the proposal. Unless stated before shooting it is up to the Client to ensure all captured people have given their full consent and release.

Ownership & Rights

All work produced by MoMac is owned by MoMac including all RAW video and audio footage captured. MoMac grants the Client perpetual usage to all completed photo and video works produced in accordance with any licensing agreements such as licensed music or stock footage attached to your project.

RAW Footage

MoMac retains ownership and copyright of all RAW photo & video material captured. These files will not be given unless agreed by prior arrangement and a set fee is established.

Music Licensing

Music is licensed to the Client’s project through MoMac’s music subscription services. Should you have any concerns with uploading due to music copyright please contact MoMac directly.

Should the Client choose to use music that has not been licensed to use, the Client acknowledges and accepts that this is done at their own risk and may incur a copyright breach. MoMac takes no responsibility for this.

MoMac Credit

MoMac logo or credit will be included in all finalised videos unless a prior agreement has been obtained.

Storage And Backups

While every reasonable effort is made to protect the Client’s data, the integrity of stored electronic data and/or media cannot be guaranteed due to technological limitations of media and devices available.

On completion and delivery the Client acknowledges that the Client is responsible for the storage and backup of the completed and finalised Photographic/Video Works supplied by MoMac.

While MoMac will follow its usual backup procedures (if any) upon delivery of the Photographic/Video Works, MoMac shall not be liable under any circumstances if unable to produce backups or future reproductions of the Photographic/Video Works upon the request of the Client including all raw material and project files.

Post-Production And Editing

MoMac will decide what images and or videos will be used for editing. Where the Client chooses to preview and assist in the selection of the footage this will be charged at MoMac’s normal editing rates.

The final post-production and editing styles including but not limited to, colour, effects, and the overall look of the images/video shall be left to the discretion of MoMac. ​

MoMac is not liable to deliver every photographic image or video taken at the event(s). The determination of images delivered to the Client shall be left to the discretion of MoMac.

Website & App Development

Where MoMac has created or designed a website/app for the Client and the website/app is now ‘live’ on the internet, the Client must make payment in full as per MoMac’s standard payment terms. Should payment not be made in full, MoMac reserves the right to take down that website/app until such time as it receives payment in full.

The Client acknowledges and agrees that it will be liable for all of the costs of restoring the website/app to the internet where it has been taken down due to non-payment.

The Client agrees that it will be charged for any work it requests MoMac to complete or undertake that is outside of the scope of the estimate / quote and the approved design. After going live, updates or changes the Client wishes to make to the website/app will also be chargeable as per MoMac’s hourly rate.

Website Backend Access

MoMac may supply the Client with CMS access, in accessing the backend, the Client agrees that MoMac is not liable for any website errors, inaccuracies in data, website/server outages or corruption caused by actions taken by the Client. If MoMac is required to fix any issues that arise due to changes the Client has made to the website, MoMac will charge for the time to fix these issues.

The Client also agrees that they will take all recommendations given by MoMac to ensure the best performance of their website, this includes uploading images that have been resized to have the longest side set to 2048px, compressing images below 1MB and compressing videos. Failure to do so may result in website outages or poor performance, MoMac reserves the right to charge for time to rectify this.

For security reasons, the Client or its IT Supplier cannot install or remove plugins, modify code, or grant anyone else access to the website backend. If this is required, you must contact MoMac and MoMac will make the necessary changes if they deem this appropriate and safe.

Search Engine Optimisation (SEO)

MoMac can strongly influence your search ranking but has no direct control as to how well your website will rank in search.

You acknowledge that the Google and other search engines algorithms are constantly changing and evolving and that MoMac has no control over these changes.

Accordingly, MoMac is unable to guarantee the success of any online marketing or search engine optimisation undertaken on behalf of and/or for the Client.

Technology Ownership & IP

MoMac retains ownership of the IP of any custom applications and all working files unless otherwise agreed in writing with MoMac.

You acknowledge that MoMac is free to reuse any code, inventions, extensions, plug-ins or components and you grant MoMac an indefinite perpetual licence to use, re-sell and modify such items.

Domain Names

The Client acknowledges that domain registrations are non-refundable once purchased/renewed.

MoMac will not, at any time, assume any liability whatsoever in respect of the use of any domain name. Any disputes arising must be resolved between the parties involved.

The Client cannot transfer a domain name away from MoMac unless the Client has first paid all MoMac accounts in full.

Servers & Hosting

All MoMac websites are to be hosted on MoMac managed servers, by having a website hosted with MoMac. The Client agrees that:

A: Hosting is not guaranteed to be live/online 100% of the time due to its dependency on servers that require software upgrades and possible technical challenges which may interrupt its service.

B: MoMac will charge fees for hosting and If unpaid, MoMac reserves the right to shut down the website/App until such time as full payment is received.

C: To protect all of MoMac’s clients, access to our server will not be given to the Client or their IT Supplier. Any updates required to the setup, files or records will be made on behalf of the Client, on a charge up basis.

D: If MoMac considers that any Website/App to be a security risk, MoMac may advise the Client that the hosting service is at risk and will make all reasonable efforts to eliminate that risk (and MoMac reserves the right to charge the Client for time required to eliminate that risk). If the risk can not be eliminated, the hosting service will be immediately discontinued and requested to find an alternative host at their own cost.

E: MoMac will not be liable for any loss that may be incurred in relation to the services provided, Third Party Software, apps, hosting, hacks or breaches of security.

Backups

MoMac will endeavour to hold a manual backup of your website files and database from when it goes live, however, this is not guaranteed.

You acknowledge that MoMac will not create backups of any websites that are not hosted on our managed hosting servers or any websites hosted outside of MoMac on Third Party Software and or servers that we don’t have the ability to log into (examples include but are not limited to, Shopify, Squarespace, and Wix).

While every reasonable effort is made to protect the Client’s backed-up website, the integrity of stored electronic data and/or media cannot be guaranteed due to the technological limitations of media and devices available.

Third-Party Software & Apps

We may provide Third Party Software as part of the Project.
You acknowledge that:

A: We have limited control over the functionality or operation of the Third Party Software.

B: if the third parties provide data or other information for use with the Software, we have no control over the accuracy or completeness of that information.

C: you accept and must comply with the terms and conditions of the Third Party Software providers.

D: Where applicable, those Third Party Software providers may invoice you directly for ongoing costs relating to your use of the Software.

The Fees for the Third Party Software may change from time to time. The new prices not supplied directly by the provider will apply from the date that we notify you.

You acknowledge that the CMS and many of its extensions, plug-ins and components are provided by third parties, and therefore, we have limited control over the functionality or operation of the CMS and its extensions, etc. and you accept and must comply with the terms and conditions of those third parties relating to the CMS.

You acknowledge that the software that is developed by MoMac may run on Third Party Software, platforms, and environments. Therefore if any of these Third Party Software, platforms, and environments make an update or discontinue, this may cause your website/app to break down, be interrupted or not operate at full functionality and MoMac shall not be liable for any such eventuality.

Website Credit

The Client agrees to allow MoMac to add a small credit on the finished website. This will be in the form of a small line of text and a logo placed in the footer of the website.

The Client also agrees to allow MoMac to showcase websites and other designs, along with a link to the Client’s site on MoMac’s own marketing materials and channels for self-promotional purposes, unless agreed to by both parties in writing beforehand.

Approving Proofs / Designs / Printing

The Client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to design, spelling, grammar, illustrations, images quality and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

Final artwork on all screens or devices may differ from the final print or product supplied. MoMac is not responsible for the accuracy of any outsourced print work.

The Client’s final accepted proof is the artwork that will be submitted for prints and/or web construction. There will be no reprints or web redevelopment at our expense.

If requested by the Client, a test print can be done at the intended and final print size (100%) to assist in confirming colours, design, bleed, size and type. This will be charged to the Client.

Working Files

MoMac retains ownership of all working files and will not provide these to the Client or their supplier.

You acknowledge that the Digital Marketing Services provided by MoMac is not an exact science and that search engines, media services, platforms and providers are constantly changing and evolving and that MoMac has no control over these changes.

MoMac will perform the Digital Marketing Services utilising best practice strategies and up-to- date techniques, and will make recommendations to best achieve the Client’s goals, but cannot guarantee results.

MoMac will endeavour to seek approval from the Client for material prior to publication, but this may not always be possible due to time constraints, deadlines and access to the appropriate authority.

MoMac does not hold any responsibility for positive or negative community engagement as a result of our Digital Marketing Services.

All work completed and prepared as part of our Digital Marketing Services is owned by MoMac until all services have been paid for in full. We reserve the right to remove any published or unpublished work at any time and the Client acknowledges and agrees that it will be liable for all of the costs of restoring the Digital Marketing Services where it has been taken down due to non-payment.

You indemnify, and agree to keep MoMac and its directors, officers and employees indemnified from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, performing digital marketing services.

Any additional work, revisions or variations outside of the original quoted or estimated time will be charged at MoMac’s current rates as set out in the schedule in this document.

In the event of a conflict or inconsistency between the terms in this document and the booking/order, the Booking/order shall prevail.

The booking/order, together with this document and any other special conditions agreed in writing between the parties, shall constitute the entire agreement between the parties. Each Booking/order made by the Client shall (together with this document and any other special conditions agreed in writing between the parties) constitute a separate agreement between the parties.

The terms in this document are governed by, and to be construed in accordance with New Zealand law. The parties submit to the exclusive jurisdiction of the New Zealand courts.

The Client acknowledges and accepts that MoMac may work with other businesses competing with the Client. However, MoMac will keep the Client’s affairs confidential and will not disclose any sensitive or confidential information regarding the Client’s business or work done for the Client.

Except for an obligation to pay money, neither the Client nor MoMac shall be liable for any act, omission or failure to fulfil its obligations, or any loss or damage arising directly or indirectly due to an act of god, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, epidemic, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside MoMac’s control (Force Majeure).

Purchase of Stock Images, Fonts, Photography, Audio or Video

• Unless specified in the proposal, the fees do not include any searches or purchase of stock images, commercial fonts, photography, audio or video.
• You can provide stock images, commercial fonts, audio or video, or we can purchase them on your behalf. When any stock images or commercial fonts are purchased on your behalf, MoMac will be the license holder and the image or font can only be used under the terms of the license/s.
• You indemnify, and agree to keep MoMac and its directors, officers and employees indemnified from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, the breach of these licenses.
• Standard stock images will be charged according to the stock image rates.

Privacy And Personal Information

MoMac will collect, use and hold information for the purpose of providing services and the effective marketing and management of MoMac.

a) MoMac may share information to any person/company who can assist it with providing products or services to the Client.

b) MoMac can use any work for their portfolio and case studies, including draft concepts, before and after examples, results of successful campaigns, testimonials and messages of endorsement and appreciation received unless the Client has requested them to be kept confidential.

Security Of MoMac Accounts

Access to MoMac’s accounts will not be granted to the Client or their suppliers which includes; servers, hosting environments, marketing tools, Google, Facebook and other business accounts of MoMac.

Health And Safety

The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others.

Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by MoMac.

Changes To These Terms

MoMac reserves the right to modify the terms and conditions laid out in this document at any time. MoMac will provide the Client with written notice of any modifications, and such modifications shall take effect immediately unless MoMac advises otherwise.

For the purposes of the agreement, the following definitions shall apply unless the context requires otherwise:

Agreement: means the Booking/Order, together with these terms and conditions and any other special conditions agreed in writing between the parties.

Booking/Order: means an order or request by the Client for any and all services provided by MoMac.

Client: means the person or entity listed on the booking/order who engages or instructs MoMac to produce Services.

CMS: Content Management Systems such as DatoCMS, WordPress, Shopify, Wix, or Squarespace.

Digital Marketing Services: Includes but is not limited to services and products such as google ads, search engine optimisation (seo), social media posting, management and advertising, marketing consultation, media buying and external digital campaigns.

IT Supplier: Anyone providing digital services, social media marketing, advertising or IT services.

Job-Related Costs: means any costs and expenses incurred by MoMac on the Client’s behalf in providing Services or in the creation of any Services and MoMac related works.

Licence: is a right granted by MoMac to the Client to use the copyright works of MoMac on the terms set out above.

Photographer/Videographer: means the photographer/videographer and where the context requires may include, the studio, photographic company, employees or sub-contractors.

Photographic/Video Works: means the deliverable works specified in the booking/order and created or supplied by the Photographer/Videographer, including photographs, moving images (video), digital files, and images in any form or medium.

Services: means any work produced or reproduced by MoMac including but not limited to photos or video including the Photographic/Video Works, graphic design, copywriting, websites and any web related services.

Third Party Software: means software or services not created or controlled by MoMac, such as website plugins, servers, CMS, or APIs (application programming interfaces).

Hourly Rates

• Web Design: $130 + GST
• Social Media: $130 + GST
• Graphic Design: $130 + GST
• Video Editing: $130 + GST
• Filming: On a case by case but no less than $200 + GST
• Photography: On a case by case but no less than $150 + GST
• Drone: On a case by case but no less than $300 + GST

MoMac Office/Studio Location

• 12 Blake St, Rangiora, New Zealand 7400