Terms & Conditions

A. TERMS OF ENGAGEMENT

At EVA Media Limited t/a Origin Stories (“we”, “our” or “us”), we will do our best to meet your expectations, but its important to have things written down so both parties agree on what will be provided, who has responsibility for what, and the process for any unlikely disagreements.
These Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing. 

1.    Services 

The Services we will provide for you (including any products) are outlined in the Key Terms. 

We will send written confirmation accepting your request for Services and a signed version of this Contract for Services for your counter-signature.

The time for delivery of the Services will be as mutually agreed in writing between the parties.

Once this contract has been signed, you will be required to undertake the Preliminary Service tasks as detailed in the Key Terms. 

Any changes, requests for additional research or production that are outside the agreed Key Terms will be included in a new or amended Contract for Services.

2. Your obligations

2.1 In order to provide the Services to you, we may ask you to provide us with research materials and information in certain formats.   We will also need you to review drafts that we send to you for feedback and/or approval in a timely manner.  
2.2 If you have any concerns with products that have been provided to you, you will give written notice to us within seven days of receipt of the products.  In the absence of any notice, the Services will be deemed to comply with the Contract for Services in all respects. 
2.3 By employing our Services, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You also agree that you will not knowingly or wilfully submit inaccurate, defamatory or offensive information throughout the production of the audio, video or print materials. 

3. Our Duty of Care 

3.1 We will provide the Services using the degree of skill, care and diligence reasonably expected of a professional with experience providing these services.

3.2 In purchasing our Services, you are engaging a professional oral historian to perform research and interview you or your family member. Because of variables that can limit success (time and place of interview, health and memory of interviewee) there is no guarantee that any specific results will be obtained. 
3.3 Our duty of care is to you and not to any other person.  We owe no liability to any other person, including for example any directors, shareholders, associated companies, employees or family members unless we expressly agree in writing. 
3.4 We do not guarantee the compatibility of supplied audio, video or print materials  to your computer equipment or mobile devices unless you have specified your requirements to us during the Preliminary Service.

4. Financial 

4.1 Fees:   
(a) The fees we will charge or the manner in which they will be arrived at, are set out in the Key Terms. 
(b) If the Key Terms specify a fixed fee, we will charge this for the agreed scope of its services.  Work which falls outside that scope will be charged on an hourly rate basis.  We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and give you an estimate of the likely amount of the further costs. 
(c) Where our fees are calculated on an hourly basis, the hourly rates are set out in the Key Terms.  Time spent is recorded in 15 minute units, with time rounded up to the next unit of 15 minutes. 
4.2 In providing services we may incur disbursements or have to make payments to third parties on your behalf.  These will be included in our invoice to you when the expense is incurred.  

4.3 We may stop providing services or require interest to be paid on any amount which is more than 7 days overdue from the date due on an invoice.  Interest will be calculated at the rate of 4% above our main trading bank’s 90-day bank bill buy rate as at the close of business on the date payment became due.

4.4 We reserve the right to provide relevant details to a debt collector or agency for the costs incurred, in the event that you fail to pay for our goods and/or services.  Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this contract shall be paid by you, including any reasonable solicitor’s fees or debt collection agency fees. 

5. Quotes

5.1 All quotes provided to you exclude GST (unless otherwise stated) and are valid for 14 working days. GST is payable by you on our fees and charges for any amounts invoiced. 
5.2 Upon acceptance of a quotation a 50% deposit becomes due immediately and before any work commences, unless agreed otherwise. The remaining balance of payment (50%) is due 14 days following the delivery of the completed product and services, unless otherwise agreed.  For large or long projects, progress payments may be required.
6.  Postponements and Cancellations 
6.1 The process for delivery of the Services and standard turnarounds is set out in the Key Terms to this Contract.  Actual delivery timelines will be confirmed to you during delivery of the Services and will be subject to you meeting your obligations as set out in this Contract.
6.2 In the event of circumstances beyond our control, we may choose to postpone an interview, or provide a substitute interviewer and videographer (subject to your approval).  If you decline such postponement or substitution, our total liability is limited to the refund of any deposits paid and any monies paid toward the final cost of the Services.
6.3 If you wish to postpone or cancel a scheduled interview this must be communicated to us in writing as soon as possible.  If you postpone or cancel an interview; 
(a) within 1 working day or less before the interview day, you may be asked to pay a fee of 50% of our Videography fees;
(b) with more than 1 working day’s notice, you may be asked to pay a fee of 25% our Videography fees; and 
(c) you may be asked to pay for any other job-related costs (such as travel); and
(d) you must pay us all fees due and all expenses incurred to date.

6.4 You acknowledge and agree that these postponement and cancellation fees reflect the loss suffered by us and our ability to provide the Services.

7.    Confidentiality and Privacy Policy

7.1 You must advise us if any materials or information supplied to us from you is of a confidential nature. We will keep that material or information confidential, except 
(a) to the extent necessary or desirable to enable us to carry out your instructions; 
(b) as expressly or impliedly agreed by you; 
(c) as necessary to protect our interests in respect of any complaint or dispute; or 
(d) to the extent required by law. 
7.2 In our dealings with you we will collect and hold personal information about you. We will use that information to carry out the Services and to make contact with you about issues we believe may be of interest to you. Provision of personal information is voluntary but if you do not provide full information this may impact on our ability to provide the Services. 
7.3 Subject to clause 7.1, you authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms. 
7.4 You have the right to access and correct this information. If you require access, please contact us. 

8. Retention of files and documents 

8.1 Materials that you supply to us, or that is provided to us on your behalf, is held at your risk. We accept no responsibility for the maintenance or insurance of that material. 
8.2 You authorise us (without further reference to you) to destroy all files and documents for this matter six months after provision of the Services, unless a prior written agreement has been made. 
8.3 You acknowledge that you are responsible for the storage and backup of materials supplied to you by us. While we will follow our usual backup procedures, upon delivery of any materials to you we will not be liable if we are unable to produce backups or future reproductions of the materials upon your request. Where backups are available, these may be made available to you for a fee.

8.4 We do not hold any responsibility for any malicious attack out of our control that results in loss of files.

9. Limitations on Liability 

9.1 Our services will be provided in accordance with our duty of care set out in clause 3.  To the extent allowed by law, our aggregate liability to you (whether in contract, tort, equity or otherwise) in connection with the Services is limited to the amount paid by you to us in the year preceding the date on which any claim is made.
9.2 You indemnify us for any loss, claim, damage, or expense (including costs incurred on a solicitor client basis) suffered or incurred as a result of:
any breach of this Contract by you;  

any illegal or defamatory audio, video or print material produced for you; and/or 

any infringement of an intellectual property right of any person.

9.3 To the extent permitted by law, we:
(a) are not liable for any damages that we cause unintentionally; and 
(b) will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused.  
9.4 If you are unhappy with any portion of the service provided, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using our Services. 

10. Intellectual Property

10.1 On payment of all amounts owed to us, we  assign to you any copyright in the audio, video, text and photographic materials created under this Contract for Services.  Copyright in the design templates used for any products remains with us.
10.2It is your responsibility to obtain all releases, moral right waivers and privacy waivers necessary for any material used in recorded audio or video, or in photographic and print materials.  You guarantee that all audio or images provided are either owned by you, or that you have permission to use them.  When you provide information, audio, text or images to us, you agree to indemnify us from any claim by a third party that we are using their intellectual property.  

10.3 Unlicensed music, if used in a video, may not be used in a public domain. You are to indemnify and not hold us responsible for any action resulting from the use of unlicensed music.

10.3 Unlicensed music, if used in a video, may not be used in a public domain. You are to indemnify and not hold us responsible for any action resulting from the use of unlicensed music.

10.4 You agree to indemnify us in respect of any loss, claims, damages or expenses (including costs incurred on a solicitor client basis) incurred by us arising from any use of audio, video, photographs and prints materials.  
10.5 We will not use your videos, audio and photos for display and/or promotional purposes, without your written consent.

11. General 

11.1 This Contract for Services constitutes the entire agreement between you and us, and supersedes any and all prior oral or written understandings or agreements in relation to provision of the Services.
11.2 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. 
11.3 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 
11.4  You may not assign, transfer or delegate this Contract and your rights and obligations hereunder without our prior written consent. 
11.5 We reserve the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will provide you with a notification either via email or as a notification on our platform. Your continued use of our Services will constitute acceptance of the revised Terms unless otherwise stated in writing. 
11.6 The parties agree to try and  settle any dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
11.7 These Terms are governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the Courts of New Zealand. 

12. Feedback & Communications

If you have any feedback or a complaint, or any written notice is required in accordance with these Terms, please contact us at the email address identified on the first page of this agreement.  We will use the email address you have identified for any communications required with you.