terms and conditions
These terms and conditions apply in respect to all goods and services supplied by Hullabaloo Filmworks and its assignees (“the Service”). Except where specified in writing, these terms and conditions represent the full agreement between us and will prevail over your own. You agree, by working with us, to these terms and that you shall not rely on any representation or understanding not explicitly contained herein.
Billing and Payment
- Payment is by credit card, check, wire, and pre‐approved Net 30.
- A $30 fee will be charged for returned checks.
- We require deposits and payments with each phase of production which, unless otherwise agreed upon, will go as follows:
- 1/3 of total estimate due to begin pre-production and confirm project
- 1/3 of total estimate due at the start of production or before the formal start on post-production specific jobs.
- Remaining balance, in full, due prior to delivery of any final deliverables.
- Any unpaid bill after 30 days will be charged a late fee of 1.5% of any unpaid bill per month.
Schedule (Delivery Dates and Delays)
- Hullabaloo Filmworks will lay out reasonable estimates for time frames for delivery of final deliverables as well as updates during the production and post-production process.
- Any delays in client response to client provided resources will effect final delivery dates by an equal amount of time as any delay.
- Hullabaloo Filmworks will provide reasonable updates throughout the process to ensure client is aware of any delays or scheduling challenges.
- Hullabaloo Filmworks provides and end use copyright for all work created for hire for clients which grants full permission to the client for unlimited use of the final deliverable upon payment of final outstanding invoices.
- All work files, including, but not limited to original artwork, original footage, work files, work notes, themes, plans, and other design concepts shall remain the property of Hullabaloo Filmworks and any copyright associated with these items shall remain with Hullabaloo Filmworks so that the client shall only be allowed to use them in the manner prescribed in the final deliverable.
- You grant us a royalty free license to use all copyright in the material produced by us for our own promotional purposes on our website, in printed material, or otherwise.
- A client may cancel a project at any time in the process with the understanding that any work already completed will be billed, at full book rate without any applicable project discounts. Any outstanding balance not covered by any existing deposits will be due immediately upon receipt.
Warranties and Liability
- We warrant to use care, skill, our experience and talent in producing the best possible content for our clients. Other than explicitly provided in this document, we provide no guarantee, warranty, or other assurance related to this service or any final deliverable.
- We shall have no responsibility for any loss, damage, cost, or related expense for anything arising from materials provided by the client, instructions provided by the client, or any misrepresentations of existing copyrights for materials provided by the client.
- Client agrees to notify us of any claim against us within thirty (30) days of that claim arising.
Archiving of Materials
- We will provide all final deliverables via the cloud as well as through traditional delivery mediums, as specified in the work agreement, for final delivery. Those materials will be kept available for a period of up to thirty (30) days.
- We will provide the ability for a client to have final deliverables re-delivered, at the client’s additional expense, from our archived materials, for a period of one (1) year from completion.
- There is no long term archiving service provided as part of our service agreement.
Right of Assignment
- We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without further consent to such assignment or sub-contract.
Basis of Law
- Unless otherwise agreed upon, all terms and conditions shall be governed by Oregon law and subject to the exclusive jurisdiction of the Oregon court system.