Terms and Conditions

 

All orders are accepted subject to the following terms and conditions. PostPro Media Group Inc. (d.b.a. POSTPRO) will hereby be referred to as “POSTPRO”.

  • Prices are quoted in Canadian Currency unless specified.
  • Prices exclude any applicable taxes.
  • Quotes are based on information to date.
  • Unless otherwise negotiated, payment terms are net 30 days from invoice date.
  • Original Digital Elements received either on Tape or Hard Drive, must be cloned prior to shipping masters.
  • Services not quoted will be negotiated separately.
  • Credit Card and Apple Pay payments will have an additional 3.9% processing fee added automatically.
  • A 50% deposit will be invoiced for projects exceeding $4,999 payable prior to releasing final deliverables.

PRICES Prices to be charged for all services and materials shall be the prices of POSTPRO in force at the date of delivery of such items by POSTPRO. Prices are subject to change without notice. Transportation to and from POSTPRO shall be at the Client’s risk and expense. Taxes shall be added to all POSTPRO prices where applicable.

TERMS OF PAYMENT All work is accepted on a C.O.D. basis unless approved credit arrangements have been made in advance, in which instance full payment is due within 30 days from the date of invoice or as otherwise stipulated on each invoice. Overdue accounts will be subject to interest charges at 26.8% per annum. Client agrees to pay all costs and expenses, including legal fees incurred by POSTPRO, in connection with the collection of amounts due POSTPRO. Any claims for adjustment in connection with an invoice must be presented in writing to POSTPRO within 7 days of the date of the invoice in question. Client hereby waives any claim for adjustment in billing which is not timely presented according to the provisions of this paragraph. NSF or returned cheques or electronic payments are subject to a $50 administration fee. Credit Card and Apple Pay payments will have an additional 3.9% processing fee added automatically.

CANCELLATION CHARGES  In each instance, when notice of cancellation is given, every effort will be made by POSTPRO to re-book the time. If the time is re-booked, there is an obvious area for negotiation on creative fees, off-line, online, animation, colour correction, digital delivery and any other post production service including mark-up.

  • If notice of cancellation is given within ONE TO FIVE WORKING DAYS prior to the scheduled start date, the contracting client will be liable to POSTPRO for:
    • All out-of-pocket costs and Not less than 35% Post Production fees as bid
  • If notice of cancellation is given within SIX TO TEN WORKING DAYS prior to the scheduled start date, the contracting client will be liable to POSTPRO for:
    • All out-of-pocket costs and Not less than 25% of Post Production fees as bid
  • If notice of cancellation is given BETWEEN ELEVEN AND TWENTY WORKING DAYS prior to the scheduled start date, the contracting client will be liable to POSTPRO for:
    • All out-of-pocket costs, Post Production fees subject to negotiation and A service charge of 10% of the total bid price
  • If notice of cancellation is given before the project is halfway through the production schedule of the job from the award date, the contracting client will be liable to POSTPRO for:
    • No less than 50% of the full cost of the job as bid
  • If notice of cancellation is given more than halfway through the production schedule of the job, that is between the award date or date of the purchase order and the final delivery date, the contracting client will be liable to POSTPRO for the full cost of the job as bid.
    • 100% of the full cost of the job as bid

Upon first notice of possible cancellation of a production, it is the obligation of POSTPRO to supply the contracting client with an estimate, as accurate as possible, of the potential out-of-pocket costs.

POSTPONEMENT CHARGES It is understood that postponement means the job will be re-mounted at a later date agreeable to all parties. In each instance, when notice of postponement is given, every effort will be made by POSTPRO to re-book the time. If the time is re-booked, there is an obvious area for negotiation on creative fees, off-line, online, animation and mark-up. "Postponement" is hereby defined as a period of time that is less than 30 working days (or 6 weeks) in duration. A postponement period greater than 30 working days (6 weeks) therefore becomes a "cancellation" by default.

  • If notice of an appreciable postponement is given within ONE TO TEN WORKING DAYS prior to the scheduled start date, the contracting client will be liable to POSTPRO for:
    • All out-of-pocket costs and 50% of Post Production fees as bid

INTELLECTUAL PROPERTY The fundamental engagement of the editorial, design or post production company is to create, assemble and deliver one or more finished commercials, spots, shows, movies, films or any other length media to the client. The client buys only the finished media, not any intermediate data or materials that may be generated and used by the editorial, design or post production company to create the finished media. Accordingly, at the conclusion of the engagement, the client is entitled to possession of all of the original elements delivered to the editorial, design or post production company by the production company or other third parties on behalf of the client and to a master recording or master data file of the finished media. All intermediate materials created by the editor, artist or designer, including but not limited to transcodes, project files, selects bins, rough cut bins, versions bins, audio bins, graphics bins and all other metadata files created by the editor, artist or designer, constitute the exclusive property of the editorial, design or post production company. The client is not entitled to possession of these intermediate materials and acquires no rights with respect thereto.

LIENS POSTPRO shall have a lien on all films, tapes, hard drives, and other property (the “Materials”) delivered by Client to POSTPRO and on all media (including film, tape, data files, and other forms) made therefrom by POSTPRO for the balance of the amount due to POSTPRO, including storage fees, and no other claim will affect POSTPRO’s rights in this regard.

CUSTOMER LIABILITY FOR INFRINGEMENT Client warrants that it is the sole owner or has the right to possess and use all elements supplied to POSTPRO, and its use does not infringe on any copyright, trademark, privacy or other personal or proprietary rights. Client shall indemnify and save POSTPRO free and harmless from all suits, claims, demand and other liabilities and expenses (including legal fees) arising out of the production, distribution or exhibition of any films, tapes, or other materials with which POSTPRO shall have furnished any goods and services.

RETURN OF CUSTOMER’S MATERIAL When all outstanding bills have been paid by Client, POSTPRO will, on written demand by Client, return Client’s Materials at Client’s expense. Client agrees to remove all Materials within 30 days of written notice to the Client’s last billed address. In the event that Client fails to remove elements within 30 days, POSTPRO shall have the right to destroy, erase, reuse or make any other disposition of such Materials without liability to Client or any other party. Client agrees to indemnify and hold POSTPRO harmless from any liability arising out of the disposition of such Materials.

LIMITATION OF LIABILITY AND WARRANTY Client’s Materials are received, processed, used, stored, and shipped by POSTPRO solely at Client’s risk. POSTPRO shall not insure any Client’s Materials while in possession of POSTPRO or during shipping. POSTPRO shall not be liable for any lost profits or other damages caused by the loss, damage, delay or destruction of any materials belonging to Client or any other person unless such loss or damage is caused by the willful negligence of POSTPRO or any of its employees or contractors acting within the scope of their authority, in which event the liability of POSTPRO shall be limited to the replacement of similar quantity of material which is lost, damaged or destroyed. Except for such replacement, POSTPRO shall have no further liability regarding the loss, damage or destruction of such materials. POSTPRO shall not be liable to Client nor to any other person for any act or omission of any person selected by POSTPRO to perform services or furnish materials for Client. If materials furnished by POSTPRO are found to be defective in manufacture, POSTPRO shall replace such materials with blank hard drives, or other media, provided the Client notifies POSTPRO in writing of such defects within 30 days after shipment. Except for such replacement, POSTPROa shall have no further liability in connection with such defective materials. POSTPRO makes no warranty, expressed or implied, with respect to the material or services provided by it. POSTPRO expressly disclaims all warranties expressed or implied statutory or otherwise of merchantability or fitness for a particular purpose.

SHIPPING On instruction from Client, POSTPRO shall cause the Materials to be transported to any destination at the risk and expense of the Client. Unless provided written instructions, POSTPRO shall make all shipments via a carrier of its own choosing and may insure such shipments at its sole discretion. Client agrees to pay all shipping, insurance, preparation or other surcharges as applied by the carrier or POSTPRO. Client will be solely responsible for duties, taxes and other fees for clearance or entry that may apply to such shipments.

DELAYS AND DELIVERY Completion and Delivery dates are approximate. POSTPRO shall not be liable to Client or any other person or entity for any losses, damage (incidental or consequential), liability, loss of profits, or delay in delivery or shipping, or for failure to give notice.

RIGHT TO REFUSE WORK POSTPRO may refuse to perform services without liability to Client, on any Materials which POSTPRO in its sole discretion deems unlawful, pornographic or offensive or which POSTPRO determines may due to its condition, damage or affect the proper operation of POSTPRO equipment. Materials will be returned to the Client and the Client will pay any and all charges incurred to date.

TERMS REGARDING USE OF FACILITY POSTPRO will use its best efforts to ensure that all equipment will be in working condition and capable of producing signals of broadcast quality. Should time be lost due to equipment failure, POSTPRO agrees to credit Clients for the portion of the equipment rental fee applicable to the period equal to the time lost due to equipment failure, subject to POSTPRO’s obligations to other Clients. Except for such obligations, POSTPRO shall have no further liability for any loss or damage due to equipment failure.

FACSIMILE COPIES Client agrees that facsimile copies hereof shall be treated as originals, fully binding and with full legal force and effect, and hereby waive any rights they may have to object to said treatment.

STORAGE FEES At POSTPRO’s discretion, Client will be charged a storage fee of $1/month per reel, cassette, hard drive left in POSTPRO’s possession after 30 days.

MODIFICATION These terms of business can only be modified by an instrument in writing signed by an authorized representative of PostPro Media Group Inc.

FULL AGREEMENT This agreement is deemed to be made in Vancouver, British Columbia. All the terms and conditions set forth in this Agreement are separate and severable. If any provision is determined by any Court of competent jurisdiction to be unenforceable then, notwithstanding such determination, the remaining provisions shall remain in full force and effect.