Terms & Conditions
You must agree to these Terms & Conditions if you would like Benjamin James Knop (Benni Knop) to be a part of your project.
COPYRIGHT AND OWNERSHIP
1. Except for the retained rights described in the paragraph below, all services provided and all materials Benjamin James Knop produces on your behalf will become your property upon full payment of our invoices.
2. Benjamin James Knop retains the right to:
1. use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
2. add your firm to our client list; and
3. use your work in design competitions, publications, exhibitions, or other promotional purposes.
3. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 14 days of submission to you, will remain Benjamin James Knop property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, digital files etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
4. The Client and Benjamin James Knop each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Benjamin James Knop, and enforceable in accordance with its terms.
5. This agreement represents the entire agreement between the Client and Benjamin James Knop, and may only be changed or modified in writing and with the approval of both parties.
6. Neither the Client nor Benjamin James Knop may assign or transfer their interest in this agreement without the written consent of the other.
7. Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.
FEES & REVISIONS
8. Before the commencement of Benjamin James Knop participation in your project, 50% of your total fee needs to be paid into our nominated bank account.
9. After the first Audio Post Production draft has been submitted, you will have only one set of revisions for any dialogue editing, sound editing and sound design. You will also get one set of mix revisions after your screening. A list of revisions, their timecode and a clear description of the changes needs to be submitted in a document before any revisions shall be made.
10. Any additional revisions, or alterations to the project after the revisions in clause 19. above shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for our specific part of the audio post production. These additions will be charged at an hourly rate of $140, minimum charge of 1 hour.
RUSHED OR PROLONGED WORK
12. Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate of 50% of Benjamin James Knop hourly rate.
13. The Client will appoint a single representative of the Client with full authority to provide necessary information required by Benjamin James Knop and to provide approvals.
14. Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
1. 50% deposit upon starting of the audio post production
2. 50% balance due on the ‘Final Audio Mix Delivery Date’ set out in the production form
15. Benjamin James Knop accounts will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 14 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 5%, compounded monthly, until they are paid.
16. This agreement may be terminated in writing if either the Client or Benjamin James Knop commits a breach and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.
17. This agreement may be terminated for any reason by either the Client or Benjamin James Knop, if a written notification is provided within 30 days.
18. On termination of this project, or any part of it, for any reason, the Client will pay Benjamin James Knop for the work completed to date, along with all expenses incurred on the project. Any advance of fees provided will be credited against the amount due.
19. In the event of termination, Benjamin James Knop will retain all copyright even if the fees agreed to in advance have included the assignment of the copyright.
20. The Client will provide accurate and complete information and materials to Benjamin James Knop, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow Benjamin James Knop to use them for the project.
21. We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorised use by others of your property.
22. Benjamin James Knop is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by Benjamin James Knop for errors or damages resulting from such errors.
23. Benjamin James Knop will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond Benjamin James Knop’s control.
24. You agree to indemnify Benjamin James Knop, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to Benjamin James Knop by you or in relation to the use by you, or anyone else, of materials produced by Benjamin James Knop at your request.
25. All indemnification obligations shall survive the termination of our services.