Terms of Service
Business: Wireframe Productions Ltd
Contact: info@wireframe.co.nz
These Terms of Service apply to all photography, videography and related media production services supplied by Wireframe Productions Ltd ("Wireframe", "we", "us" or "our") to its clients ("Client", "you" or "your").
By accepting a quotation, confirming a booking, paying a deposit or otherwise instructing Wireframe to proceed with a project, you agree to these terms.
1. Bookings and project scope
1.1 All bookings are subject to availability and confirmation by Wireframe.
1.2 Each project will be quoted individually, with the agreed services, deliverables, dates, locations, duration and pricing outlined in the quotation or written booking confirmation.
1.3 Any services, deliverables or requirements not expressly included in the original quotation will be considered additional work and may incur additional charges.
1.4 Any changes to the agreed scope, schedule, locations or deliverables must be agreed in writing. Changes may affect the quoted price and delivery timeframe.
1.5 The Client is responsible for reviewing the quotation and ensuring that all requirements and expectations have been accurately communicated before confirming the booking.
2. Deposits, payments and expenses
2.1 Wireframe may require a booking deposit or initial payment to secure a booking. The required amount will be specified in the quotation.
2.2 Unless otherwise agreed in writing, the remaining balance is payable within seven (7) days of the invoice date.
2.3 For larger projects, multi-day assignments or projects involving significant upfront expenses, Wireframe may require staged payments or full payment before the commencement of work.
2.4 Additional expenses, including travel, accommodation, parking, permits, location hire, specialist equipment and other agreed project costs, will be outlined in the quotation or charged separately where subsequently approved.
2.5 Late payments may result in delayed delivery, suspension of further work or additional reasonable costs associated with recovering overdue amounts.
2.6 Final edited media and any applicable usage licence will not be released until all outstanding invoices have been paid, unless otherwise agreed in writing.
3. Cancellations and rescheduling
3.1 Once a booking has been confirmed, Wireframe reserves the agreed dates and resources for the Client. Cancellations may therefore result in lost business opportunities and costs that cannot always be recovered.
3.2 If the Client cancels a confirmed booking, Wireframe reserves the right to charge a reasonable cancellation fee, taking into consideration the notice provided, work already completed, preparation undertaken, committed expenses and the opportunity to secure replacement work.
3.3 As a general guide, the following cancellation charges may apply:
More than 14 days' notice: Costs and work already incurred, plus any agreed non-refundable booking fee.
7–14 days' notice: Up to 40% of the agreed project fee.
2–6 days' notice: Up to 60% of the agreed project fee.
Less than 48 hours' notice: Up to 80% of the agreed project fee.
Less than 24 hours' notice or failure to attend: Up to 100% of the agreed project fee.
These amounts are intended as reasonable estimates of potential losses and are not automatic penalties. Any cancellation charge will take account of the circumstances, costs avoided and any replacement booking secured.
3.4 Where possible, Wireframe will endeavour to accommodate rescheduling requests. Rescheduled bookings are subject to availability and may incur additional costs.
3.5 If a booking is postponed due to circumstances outside either party's reasonable control, both parties will make reasonable efforts to agree on an alternative date.
3.6 Any non-recoverable third-party expenses already committed to the project may remain payable by the Client.
4. Client responsibilities
4.1 The Client is responsible for providing accurate project information, clear instructions, schedules, access arrangements and any relevant creative direction required to complete the assignment.
4.2 The Client must ensure that Wireframe and its personnel have appropriate access to the agreed locations and activities.
4.3 The Client is responsible for obtaining all necessary permissions, permits, venue approvals, property access rights and participant consents required for the photography or filming to take place and for the intended use of the resulting media.
4.4 Where participants include minors, the Client is responsible for ensuring that appropriate parent or guardian permissions are obtained where required.
4.5 The Client must advise Wireframe of any relevant health and safety requirements, operational restrictions, hazards or special conditions before the assignment.
4.6 The Client is responsible for ensuring that any products, people, locations, equipment or activities requiring coverage are available at the agreed time.
4.7 Delays caused by the Client, its representatives, participants or third parties may reduce the time available for production. Additional time required may be charged at Wireframe's applicable hourly or daily rate.
5. Photography and production expectations
5.1 Wireframe will undertake each assignment with reasonable care, skill and professionalism.
5.2 Photography and videography are creative services. While Wireframe will make reasonable efforts to meet the agreed brief, the Client acknowledges that creative interpretation, composition, lighting, weather, location conditions, participant behaviour and other external factors may influence the final results.
5.3 Unless specific shots, scenes or deliverables have been expressly agreed in writing, Wireframe does not guarantee that every individual, moment, activity or requested image will be captured.
5.4 Wireframe retains creative discretion over image selection, composition, editing style, colour grading and final presentation, subject to any agreed project brief.
5.5 The Client acknowledges that some environments, including outdoor, adventure, sporting and live event settings, may present unpredictable conditions that cannot be controlled by Wireframe.
6. Weather, safety and unforeseen circumstances
6.1 Wireframe reserves the right to suspend, modify, relocate or discontinue production where weather, environmental conditions, equipment safety, access restrictions or other circumstances present an unreasonable risk to personnel or equipment.
6.2 Where possible, Wireframe will work with the Client to find a suitable alternative location, schedule or production approach.
6.3 Wireframe will not be responsible for delays or incomplete coverage resulting from circumstances outside its reasonable control, including adverse weather, venue restrictions, event delays, access limitations, participant non-attendance or safety-related interruptions.
6.4 Where an assignment cannot reasonably proceed due to circumstances outside either party's control, both parties will make reasonable efforts to arrange a rescheduled booking. Any additional non-recoverable expenses will be discussed and agreed.
6.5 Wireframe reserves the right to refuse to undertake any activity it reasonably considers unsafe, unlawful or inappropriate.
7. Editing, deliverables and revisions
7.1 The final deliverables will be those specified in the accepted quotation or project agreement.
7.2 Unless expressly included in the quotation, unedited photographs, RAW image files, original video footage, project files, editing timelines and other working files are not included in the final deliverables.
7.3 Wireframe will use its professional judgement when selecting, editing and presenting final media. The Client acknowledges that not every image or video recorded will be supplied.
7.4 Any agreed delivery timeframe is an estimate unless expressly guaranteed in writing. Delays may occur due to workload, project complexity, technical issues or circumstances outside Wireframe's reasonable control.
7.5 Unless otherwise specified, the quotation includes one reasonable round of minor revisions to the delivered work. Additional revisions, substantial changes, alternative edits, new creative direction or requests outside the original brief may incur additional charges.
7.6 Requests for revisions must be submitted within fourteen (14) days of delivery. Wireframe reserves the right to charge for revision requests submitted after this period.
7.7 Wireframe will not be responsible for changes made to final media by the Client or third parties after delivery.
8. Copyright and usage rights
8.1 Notwithstanding the default position under section 21(3) of the Copyright Act 1994, the parties expressly agree that, to the extent legally permitted, copyright in all photographs, videos, footage, edits and other creative works produced by Wireframe remains with Wireframe Productions Ltd, unless an alternative copyright ownership arrangement is expressly agreed in writing.
8.2 Upon receipt of full payment, Wireframe grants the Client a non-exclusive, non-transferable licence to use the final delivered media for the purposes and channels agreed in the quotation.
8.3 Unless otherwise specified, the licence permits the Client to use the delivered media for its own business, promotional, marketing, website and social media purposes.
8.4 The Client may not sell, sublicense, commercially redistribute or otherwise make the media available for third-party commercial use without prior written permission from Wireframe.
8.5 The Client may not materially alter, manipulate, misrepresent or use the media in a manner that damages Wireframe's professional reputation or misrepresents the original work.
8.6 Where copyright ownership is to be transferred to the Client, this must be expressly agreed in writing and may be subject to an additional fee.
8.7 Any usage rights relating to third-party music, stock footage, fonts, graphics, talent or other licensed materials remain subject to the applicable third-party licence conditions.
9. Portfolio and promotional use
9.1 Wireframe may request permission to use selected photographs and video content for its own portfolio, website, social media, showreels, case studies and promotional activities.
9.2 Such use will only occur where the Client has provided the relevant permission, and any necessary participant, venue or other third-party consents have been obtained.
9.3 The Client may request that particular images, individuals, locations or project details are excluded from promotional use. Any such restrictions should be communicated in writing before the assignment.
10. Data storage and file retention
10.1 Wireframe will take reasonable precautions to protect project files and deliverables against accidental loss or damage.
10.2 While reasonable backup practices will be maintained, Wireframe does not guarantee indefinite storage or archival of original or final media.
10.3 Unless otherwise agreed, Wireframe aims to retain project files and final deliverables for a minimum of ninety (90) days following final delivery.
10.4 The Client is responsible for downloading, checking and maintaining its own copies of all delivered media.
10.5 Following the retention period, Wireframe may permanently delete project files, including original footage, photographs and working files, without further notice.
10.6 Requests to retrieve archived files may incur an additional retrieval or restoration fee, where recovery is possible.
11. Equipment, technical failures and liability
11.1 Wireframe will take reasonable precautions to maintain and operate its equipment and protect recorded media.
11.2 In the event of equipment failure, data corruption, accidental loss or other technical issues, Wireframe will make reasonable efforts to recover or restore affected material where possible.
11.3 The Client acknowledges that photography and video production involve technical and environmental risks that cannot be entirely eliminated.
11.4 To the extent permitted by applicable law, Wireframe will not be liable for indirect or consequential losses, including loss of anticipated revenue, profits, business opportunities or reputational damage arising from the assignment.
11.5 Where Wireframe is found liable for a claim arising from the services, its liability will, to the extent permitted by law, be limited to the amount paid or payable for the specific assignment giving rise to the claim.
11.6 Nothing in these terms excludes or limits any rights or remedies that cannot legally be excluded or limited under New Zealand law, including applicable rights under the Consumer Guarantees Act 1993.
12. Subcontractors and additional personnel
12.1 Wireframe may engage suitably qualified photographers, videographers, editors, assistants or other contractors to assist with an assignment where necessary.
12.2 Where subcontractors are engaged, Wireframe will remain responsible for coordinating the agreed services and deliverables.
12.3 The Client agrees that project personnel may be substituted where reasonably necessary due to illness, availability or other unforeseen circumstances, provided the replacement is suitably qualified for the work.
12.4 Any specific personnel requirements or restrictions must be agreed in writing before the booking is confirmed.
13. Force majeure
13.1 Neither party will be held responsible for a failure or delay in performing its obligations where that failure or delay results from circumstances reasonably beyond its control.
13.2 Such circumstances may include severe weather, natural disasters, illness or injury, government restrictions, transport disruptions, venue closures, power outages, civil emergencies or other unforeseen events.
13.3 Both parties will make reasonable efforts to minimise disruption and agree on an alternative arrangement where possible.
14. Complaints and dispute resolution
14.1 Any concerns regarding the services or delivered media should be raised with Wireframe in writing as soon as reasonably practicable.
14.2 Both parties agree to make reasonable efforts to resolve any concerns or disputes through good-faith discussion before pursuing formal legal proceedings.
14.3 Nothing in this section prevents either party from exercising any legal rights or remedies available under New Zealand law.
15. General provisions
15.1 These Terms of Service, together with the accepted quotation and any agreed written variations, form the agreement between Wireframe and the Client.
15.2 Where a specific quotation or project agreement contains terms that conflict with these general terms, the specific written agreement will take precedence for that project.
15.3 Any variation to these terms or the agreed project scope must be confirmed in writing by both parties.
15.4 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent legally permitted.
15.5 These terms are governed by the laws of New Zealand.
Acceptance
By accepting a quotation, confirming a booking or otherwise instructing Wireframe Productions Ltd to proceed with a project, the Client acknowledges that they have read, understood and agreed to these Terms of Service.