Terms – Syn Creative

Terms and Conditions

1. Services

As consideration of payment of the Fees, Syn Creative will deliver the Services and Deliverables. Syn Creative will not be required to provide any Services or Deliverables not expressly described in this Invoice. Syn Creative may hire independent contractors in connection with the provision of the Deliverables. To the extent that Syn Creative has contracted such people, Syn Creative shall be responsible for their compliance with this Agreement.

2. Client responsibilities

Client is responsible for complying with the licence terms and conditions and paying any and all associated usage fees for any third party content embodied in the Deliverables, provided that Client approves such third party content to be embodied in the Deliverables.

3. Grant of Rights

Upon full payment of the Fees, Syn Creative shall assign to Client full right, title, and interest in and to the Deliverables. All other rights reserved.
The Client hereby grants an irrevocable, worldwide, non-exclusive licence in perpetuity to Syn Creative to communicate Syn Creative’s involvement in the Project generally and within Syn Creative’s portfolios and any materials for the purposes of professional recognition. In addition, Syn Creative may publish, communicate to the public, repost, and otherwise share the Deliverables on social media accounts owned and/or controlled by Syn Creative.

4. Changes to Scope And Schedule

The Client acknowledges and agrees that any changes (or requested changes) to the Project, Invoice, Services, Deliverables, or Schedule (including delays caused by the Client) may impact the Invoice (including the Fees and/or Schedule). All changes must be made in writing by mutual agreement and will supersede all applicable parts of the Invoice. Syn Creative is not responsible if the Schedule for any part or whole of the Services is or is required to be extended for reasons beyond Syn Creative’s control or due to any action of the Client (or caused by the Client).

5. Fees

The Client agrees to pay Syn Creative the Fee in accordance with this Invoice. The Client acknowledges that the Fee is non-refundable and non-returnable once paid (in part or whole) and payable by the Client even if the Services are not used (in part or whole) by the Client.

6. Revisions

The Client is entitled to two rounds of revisions. “Revisions” refer to detailed comments for corrections/improvements. Any revisions beyond the second round will incur a fee of $75 per hour. Revisions do not encompass altering the video concept or script, re-editing the entire video, or shooting new footage. Changes to music or soundtracks are allowed only once.

7. Termination

If either party breaches this Agreement, and such breach is not rectified within 14 days after written notice, the aggrieved party may (in addition to all of its other rights and remedies at law or otherwise) terminate this Agreement and any rights granted hereunder on giving written notice to the defaulting party.
This Agreement shall immediately terminate if the Client enters into voluntary or compulsory administration, liquidation, receivership or bankruptcy or admits in writing its inability to meet its debts or other obligations as they become due.
Upon termination of this Agreement for the above reasons:
1. any rights granted hereunder by Syn Creative shall automatically terminate;
2. the Client shall immediately forfeit monies paid to Syn Creative (if any), and additionally pay all costs and expenses incurred by Syn Creative as at the date of

8. Warranties

Client warrants and unconditionally guarantees that all materials provided by Client are:
1. owned and/or controlled by the Client, or that Client has full right and authority from the rightful owner to use such elements; and
2. true, current, and accurate, and can be relied upon by Syn Creative in the performance of the Services and Deliverables.
To the fullest extent permitted by law, Syn Creative excludes all representations, warranties and terms (whether express or implied) in connection to the provision of the Services and

9. Indemnity/Liability

Client agrees to fully indemnify and hold Syn Creative and each of their employees and Creative Agents harmless from any claim, loss, damage, demand, or proceeding (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of Client’s breach of any provision or warranty of this Agreement, or Client’s violation of any applicable law or the rights of any third party. If Syn Creative is found to be liable for claim, loss, damage, demand, or proceeding any arising out of or in connection to this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of the Fees actually received by Syn Creative.

10. General

The parties are independent entities and nothing in this Agreement constitutes or creates any relationship of employment, joint venture, agency, trust or legal partnership between them. Each party warrants that it has the full right, power and authority to enter into this Agreement. This Agreement and any document expressly referred to in it represent the entire understanding and agreement between the parties and may only be amended in writing. If any provision of this Agreement shall be held to be invalid or unenforceable in any way the remaining provisions shall not in any way be affected. This Agreement shall be read and construed according to the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of that State.