Terms and Conditions
For general Terms and Conditions information, please refer to the original page here.
Services and Deliverables
Any and all services to be provided by Marketopia for the client are stated in the applicable agreement and/or contract between both parties, as well as in the production brief. Any changes, including but not limited to, additions, extra equipment, and special effects that are requested after the agreement and production brief has been signed that may impact production cost or time may change the agreed upon full payable amount. The client agrees that any extras or changes to the services outlined in the agreement/contract/production brief or schedule they request after it has been finalized will effectively change the agreed upon full payable amount. The expenses will be calculated and charged accordingly.
The services and production aspects, along with the full payable amount and deposit costs, stated in the agreement/contract/production brief must be fully acknowledged and agreed upon by both parties before any deposit is paid and before any type of production may start. The client is responsible for paying the deposit and full payable amount, along with any extra expenses, according to the aforementioned “Terms of Payment and Deposits” at the general Terms and Conditions page.
The agreement/contract between both parties is valid from the start of the date it is signed and shall continue until any and all services are completed, and the final product is deemed agreeable and satisfactory by the client. Please refer to the “Project Delays and Client Liability” portion of the general Terms and Conditions page for information on the client’s duties and responsibilities according to client feedback, unsatisfactory products and requests for edits.
For Digital content, Graphic Designs and Written content, the client must explain their request thoroughly and clearly in an email or in writing. The client is responsible for providing Marketopia with needed materials such as, but not limited to, logos, data, and information. Written information and data must be provided in Word document or Google Drive document format, while logos and other design elements must be sent in their respective design format (.Ai, .PSD, etc.) If the client is unable to provide us with their logo in their respective and native design format, they must provide us with a high resolution substitute.
As mentioned earlier in the general Terms and Conditions page in section “Materials Provided (Copyright),” The client is responsible for obtaining the legal rights and permissions of any and all materials given to us by the client. All other terms and conditions apply. The client is also responsible for obtaining any and all permissions for elements including, but not limited to, performances, branding, trademarked goods and logos, use of intellectual property, imagery, audio, copyrighted names and phrases, and any other copyrighted material and items which will be a part of the final product.
The production brief must be agreed upon and accepted by both parties in order for any production work to begin. Any changes to the production brief after the agreement may cause extra expenses for the client, as mentioned in “Services and Deliverables.”
In the event that the client would like to change or cancel a filming date, the client must give Marketopia notice by at least (4) weeks. For recording and photography shooting sessions, the client must give a (7) day notice at least. This notice must be sent by E-mail or Text, any calls on the subject must be recorded by E-mail that both parties must have for reference. Failure to comply means that the client has accepted full responsibility and continues to be fully liable to all costs and expenses associated to the original dates agreed upon.
All work undertaken by Marketopia will be exactly as stated in the production brief, it is the client’s full responsibility to carefully and thoroughly read through the production brief and full agree upon its contents before booking and production.
It is the client’s responsibility to provide Marketopia with certain permissions for filming and photography such as, but not limited to, film/photography location permissions, and permissions for aerial drones to fly above and near location. If filming, photography and/or recording venues and locations are being organized by the client, it is the client’s responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day(s). A list of authorized personnel and crew will be provided to the client beforehand, Marketopia accepts that late entries to the list may not be able to gain access.
In the event that we feel at any time that the location is unsafe or if any of our personnel and crew are met with aggressive or abusive behavior and/or threats, we reserve the right to remove any personnel and/or equipment from the location. The client is liable for costs and expenses due to these circumstances or situations. Marketopia takes the health, safety, and protection of our personnel and crew seriously, and will observe proper safety rules according to location; we will discuss these safety measures and/or issues with the appropriate liaison appointed by the client.
The client will be able to view the “rough cut” or “first draft” of the project as soon as it is available, the client is required and encouraged to provide feedback and comments on the draft. The draft is then finalized and the client will then be able to view, comment, and provide feedback yet again until the product is fully approved by both parties. Two sets of revisions and edits are included in the agreement/contract, subsequent revisions and edits are subject to an extra charge per revision and edit.
We encourage the client to be present during the revision stages, this is to provide them with a constant viewing and commenting opportunity to enable us to complete the project, and have the client agree and accept all revisions and edits in a timely manner.
Photography projects will be provided to the client within (10) days after the final day of shooting. This may change according to the project’s needs such as, but not limited to, special effects.
Digital content projects will be provided as soon as they are completed. Written content, depending on length and topic, may take longer than usual.
Project Duration and Delivery
Any estimate given to the client by Marketopia on the production brief regarding the project’s timeline, duration and estimate of competition are considered and understood by the client as an estimation. Marketopia will do its best, and produce every effort to make sure that projects are completed and approved by the client within the estimated duration, as long as there is clear communication, prompt payment and regular feedback from the client.
The client may come to our office to retrieve the project unless otherwise agreed upon. We are not responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product after it has been given to the client or assigned employee who retrieved it from our office. For any lost or broken projects, Marketopia will keep the data for a maximum time of a month. After said month, the project may be deleted.
Please refer to “Project Delays and Liability” for more information.
Weather and Client Delays
In the event that the weather is unsuitable or, in our opinion, may pose a risk to our personnel, crew, and/or equipment, or has the potential to or will prevent successful video, photo, or sound capture, we reserve the ability to change the time and date of filming/shooting/recording to a later date. This delay is not an expense, and will not be charged. No refund or credit will be provided for the cost and fees of the canceled or delayed day(s).
In the event that filming/recording/shooting is interrupted, delayed, or stopped due to the client’s failure to abide by the agreed upon dates, time, access, facilities, organization, or any other matter specified in the production brief, we reserve the right to reschedule and charge for any extra day(s) that are needed. No refund or credit will be provided for the cost and fees of the canceled or delayed day(s).
Equipment Failure and Substitution
In the event that we experience any mechanical, electrical, or any manner of equipment failure or technical difficulties, all efforts will be made to fix it or find a suitable replacement or crew member for the item in order to prevent the stopping and reduced quality of production. The equipment we use for the day is used at our discretion, and no further claims or liability will be accepted. There will be no refunds or credit provided to the client if this is the main cause of a cancelled day, but there will be no extra cost for the subsequent day in place of the original date.
Usage and Copyright
Marketopia asserts full rights over all produced items in any of our client-commissioned projects including, but not limited to, images, raw footage and recordings. We grant and provide our clients with a time-unlimited license for use of our footage and final project to the client which is subject to
We retain all copyright over any content we produce. A usage license grants the client permission to use the footage in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way
We reserve the right to use the footage and complete project in our portfolio and show reel, and for other promotional purposes, unless otherwise declared, agreed upon, and documented by both parties in writing.
We assign this license to the client to use the complete project in its completed and delivered form. We do not give permission for it to be changed, altered, edited, or used as part of any other production unless otherwise declared, agreed upon, and documented by both parties in writing.
The client is provided this license when the full payable amount and any extra expenses have been received in cash and/or cleared by our bank, and on the condition that the client is not in breach of anything stated in these terms and conditions in its entirety.
We retain the right to use any of our copyright material for any legal purpose(s), including its use within projects for other clients unless (a) we have granted an exclusive license to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
The client is responsible for paying the deposit and full payable amount, along with any extra expenses and set up fees, according to the aforementioned “Terms of Payment and Deposits” at the general Terms and Conditions page. Failure to pay accordingly may lead to our withholding of the project and deliverables, as well the revoking of licenses.