Terms and Conditions
Deposits apply to specific projects depending on the scope of the project and may be used to secure dates, bookings, production expenses, etc.. Miki Media will reserve the times and dates, gear, or crew, upon receiving written confirmation and paid deposit (if applicable). The deposit secures the time and date from any other potential bookings and for this reason is non refundable.
In the event that the Client cancels the contracted services the deposit will be forfeit or late cancellation fees may apply (See item 4). In the event Miki Media are unable to fulfil their obligations of the project, for whatever reason, all monies paid will be refunded to the Client.
All material produced by Miki Media is protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Miki Media’s express written permission. The materials provided by Miki Media will be subject to use by the client for their original intended purpose only agreed upon at the commencement of project. Licensing fees may apply for any extended use of materials including raw assets (video, photography, code, or design assets).
4. PAYMENTS & FEES:
Miki Media will invoice client following delivery and acceptance of the project. Payment shall be completed by client in the agreed amount to Miki Media no later than later than fourteen (14) days after the issuing of the invoice.
Any additional hours work outside of the original scope of the project will incur an hourly rate relevant to services rendered. Other fees may apply to a project on certain circumstances such as:
If deadline is shifted from the original date specified, a rush fee may apply.
If a project is cancelled mid project, a kill fee may apply for up to but not exceeding the remainder of the outstanding amount on the work.
Cancellation fees may apply for any jobs terminated at late notice in the event a deposit has not been applicable.
– Cancellations within 24 hours 100% of the fee applies
– Cancellations within 48 hours 50% of the fee applies
– Cancellations within 72 hours 30% of the fee applies
Late payment fees:
Late payment fees apply to any invoice unless negotiated prior.
– A 5% Late payment fee applies if invoice unpaid after 14 days of invoice.
– A 10% Late payment fee applies if invoice unpaid after 30 days of invoice.
– A 20% Late payment fee applies if invoice unpaid after 60 days of invoice.
– A 30% Late payment fee applies if invoice unpaid after 90 days of invoice.
Miki Media can’t guarantee that work will be completely error-free and cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if advised in advance.
The acceptance of equipment by the Hirer, or his agent, implies total acceptance of these terms and conditions, which cannot be changed, in part or whole, by any representative of the Company, expressed or implied, and supersedes all terms and conditions previously issued by the Company. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order.
Rental charges commence from the time and date the equipment leaves Miki Media’s possession or premises and terminates when equipment is received back at Miki Media’s premises or in Miki Media’s possession. Should the hirer fail to return the equipment by the due date and time, the hire charge payable will be the daily hire charge for the equipment concerned, for each overdue day. If equipment is being returned via courier or other shipping service and the Hirer/equipment is not ready at the time of pick-up, additional charges may be incurred. Should the Hirer not return equipment 24 hours after the due time, without prior arrangement (in writing) with Miki Media, the rented goods will be considered stolen and the Police notified. The rental charge will continue until all equipment is returned. Any carriage or packaging charges will be charged to the Hirer. Miki Media cannot accept any liability, consequential or otherwise, for any delay in transit causing late arrival of any equipment.
Unless explicitly arranged with The Company, the hirer is responsible for arranging and paying for return delivery on all hired items. The Customer is responsible for making sure that any return delivery arranged ensures all hired items arrive back with The Company by the specified return date and time.
All Equipment hired from The Company must be returned complete and undamaged. Any lost, unreturned, or damaged equipment will be charged to the hirer, with the cost determined by market value.
Except where otherwise agreed by the Company, cancellation of booked or reserved Equipment within forty-eight hours of the time specified for collection will incur a cancellation charge equal to 50% of the hiring fee from the period originally booked or reserved.
Hiring fees must be paid prior to the hiring of Equipment or in the case of Account Customers within 14 days from the date of the Company’s invoice unless otherwise expressly agreed to in writing by the Company. If equipment is to be shipped or couriered, orders are to be pre-paid. Suitable photo ID and credit card details are required for all orders, or whenever the Company requests these details. A deposit may be requested by The Company, which will be refunded upon return of the order barring any damage, missing equipment or late changes.
(1) The Company reserves the right to charge interest on overdue accounts to the Customer at the rate of ???% per month from the date a payment becomes overdue until payment of such monies is received in full. An invoice from Miki Media shall be deemed conclusive evidence of such rate of interest.
(2) The Company reserves the right to set a minimum invoice value from time to time at its discretion and reserves the right to refuse to hire Equipment to the Customer in the event that the Customer fails to comply with the Company’s terms of payment.
(3) Quotes are valid for fourteen (14) days from the date of Order.
(4) The minimum hiring period for Equipment hire for use is two (2) days.
The Customer will pay to or reimburse the Company (except where such payment or reimbursement is expressly prohibited by statue) all delivery costs, stamp duty and other government duties, taxes and expenses which the Company may be liable to pay from time to time in connection with the hire of the Equipment to the Customer.
(1) The Equipment shall be at the Customer’s risk from the time the Equipment leaves the Company’s premises or possession until the time it is returned and accepted by the Company. Acceptance of returned equipment does not release the Customer from the responsibility for the loss or damage of hired Equipment.
(2) Unless otherwise agreed to by the Company in writing, the Customer is required to effect suitable insurance in respect of the Equipment and must provide documentary evidence of such insurance prior to the hiring of any Equipment by the Customer.
(3) Miki Media should be included and named as joint insured under all policies of insurance, particularly “negative” insurance effected by the Customer.
(4) In the event the Equipment is lost or damaged (fair wear and tear excepted) while at the risk of the Customer, the Customer shall be liable to compensate the Company for the full replacement cost or full cost of repairing the Equipment, as the case may be.
(5) When equipment is lost or damaged the Customer is responsible for hire charges up to the time the Equipment is repaired or replaced for a maximum of 10 weeks. Customers are to make sure adequate insurance cover is obtained to cover this contingency. The Company at its discretion, may choose to waive these hire charges.
(6) The Customer and the employees of the Customer are the only persons permitted to use the Equipment and without limiting the generality of the foregoing, the Customer shall not lend or rehire the Equipment to any other person without express permission from The Company.
(7) In the event that any items, equipment or accessories are not returned, the Company reserves the right to immediately charge the Hirer the full cost of replacement of all missing items. If the missing item or items are returned within seven (7) days, the Company will refund the replacement cost.
(8) If the Hirer has not paid for hire charges, additional charges for extension of hire, lost or damage items, or any other charges relating to services rendered to the Hirer by the Company, the Hirer irrevocably authorises the Company to invoice all outstanding hire, replacement, repair, courier or any other outstanding fees.
(9) Cleaning: At the end of the hire period and before returning the equipment to Miki Media the equipment must be properly cleaned. Failure to do so will result in a cleaning charge to be paid by the hirer.
It is assumed that the Hirer, or his agent, has sufficient skills to operate hired equipment correctly. The Company will endeavour to supply instructional literature when requested, however this cannot be guaranteed. It is the responsibility of the hirer, or the hirer’s agent, to ensure the equipment being rented is suitable for the purpose intended. In no event is The Company to be held responsible for issues arising from the design or general functionality of equipment hired by the Hirer, or his agent. The Company accepts no liability for the hiring of incorrect or unsuitable equipment, or in the event that the Customer is unable to use hired equipment due to lack of necessary skills or knowledge required to operate equipment.
The Hirer shall not take any of the hired equipment out of Australia without the specific prior written consent of Miki Media. Equipment must not be used on any abnormal or hazardous assignments. The equipment is not to be transported in, or used on or in, helicopters, drones or any type of light aircraft without the Company’s specific written consent. The Hirer will not allow the equipment to be used in areas where it could be affected by salt water, water, salt, dust, fine particles, sand or atmospheric corrosion unless agreed in writing with Miki Media.
In the event of any damage or missing items, the full replacement or repair cost shall be paid by the Customer. The Customer shall pay in full the replacement or repair amount, and must provide The Company with all documentation requested. This may include, but is not limited to, documents such as Police Reports, Statutory Declarations, transportation details.
Damage is defined as by not limited to the below:
(1) All ordinary and reasonable precautions for the safety of the Equipment must be taken.
(2) The Hirer must not modify the equipment without the consent of the Company.
(3) In the event of loss or damage the Customer shall:
In the event the above Conditions are not met, The Customer shall be liable for the full repair or replacement cost of all equipment damage or loss.
(4) In no event is the Company liable for special, indirect, incidental, consequential or punitive damages, or losses of any nature (including costs or expenses), lost profits, opportunity costs, or failure to realise anticipated savings.
(5) The Company will not be held liable for any cost, consequential or otherwise, for any delay in transit causing late arrival of any Equipment to the Hirer or any agent or representative of the Hirer.
The Company shall not be held liable for any loss or damage caused by rental equipment, whether to the Hirer or the Hirer’s property or any other person, firm or corporation. The Company’s liability, if any, for supplying defective equipment to the Hirer is limited to a rebate of the rental fee charged for the item in question. The Hirer hereby indemnifies The Company and all employees, contractors, directors and affiliated parties from liability of any and all losses, damage, injuries, claims, demands and expenses of whatsoever kind of nature arising out of the use of the rented equipment.
Phone: +61 435 761 441