Terms and Conditions

The following terms and conditions apply to all projects carried out unless specific exclusions or exceptions are given to the client in writing.

Definitions & General Terms

In these Terms and Conditions, the words ‘KINE Works’ ‘KINE’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to PT. Kinerja Karya Kemitraan, an Indonesian-based registered company based in Greater Jakarta area, subject to local and government laws.

The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.

These Terms and Conditions apply to all photo, graphic, video and associated audio product created by KINE, including all moving and still images and sound recordings of whatever form.

Acceptance of a proposal, quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between KINE and the client.

Quotation:

All work undertaken will be as per the agreed to quotation. The quotation will detail the scope of work, estimated timeframe, deliverables, and any associated costs.

It is the Client’s responsibility to ensure that the quotation is thoroughly read and understood prior to booking. Any amendments or additional work will be subject to additional costs and will only be undertaken once agreed upon by both parties.

A standard day of work is 8 hours of crew time on-set or at location (including lunch and breaks but excluding travel time). Any additional work required by the project or client may be subject to additional costs.

KINE reserves the right to revise the quotation should there be any changes to the project scope or requirements. The revised quotation will be provided to the Client for approval prior to proceeding with any additional work.

Unless otherwise stated in the quotation, all expenses will be invoiced in the final invoice.

Costs:

Costs associated with the project will be discussed during initial consultations/meetings with KINE.

Costs may be estimated and inferred during these discussions, but the final accepted quote and its deliverables will reflect the actual cost of production. The costs will depend on the type and length of the production, as well as the time spent on pre-production, production, and post-production.

Any changes in these areas during the production may result in additional costs, which will be notified, agreed upon in writing, and charged accordingly to the client.

All expenses related to the agreed project, such as travel, mileage, hotels, subsistence, messenger services, postage, overseas telephone charges, color photocopying, photography and prints, disc or tape duplications, creation of audio and video streaming files, and similar items will be invoiced to the client on the final invoice for the project.

Deposit:

KINE requires clients to pay a non-refundable deposit of 50% of the estimated project cost before any work can begin.

This deposit will be used to cover initial costs associated with pre-production planning, including but not limited to script development, storyboarding, location scouting, casting, and equipment rental. This deposit may also be used to cover other expenses necessary to initiate the project. The deposit does not guarantee the final cost of the project, nor does it cover the entire cost of the project.

The deposit of 50% of the estimated project cost is non-refundable and will be forfeited in the event that the client cancels the project or changes the scope of work after work has commenced. The deposit will be applied towards the final invoice for the project, which will be based on the actual time spent and expenses incurred during the course of the project. It should be noted that the deposit is not meant to cover the entire cost of the project and does not guarantee the final cost. Instead, it is intended to cover initial costs associated with the project, such as pre-production planning, equipment rental, and other expenses.

Video Production Agreement:

All works undertaken will be as per the agreed to quotation. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current daily rates.

A standard filming day is 8 hours of crew time on-set or at location (including lunch and breaks but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.

Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organized by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations and contributors required. Delays in production as a result of inadequate access or facilities may incur additional charges.

KINE takes health & safety matters seriously and we reserve the right in all instances to remove any of our personnel and/or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result.

Adverse Weather Conditions:

In the event of adverse weather conditions, KINE reserves the right to reschedule any filming or production work via notifying the Client.

If the Client chooses to proceed with the filming or production work despite adverse weather conditions, any resulting delays or additional costs incurred will be the sole responsibility of the Client.

In the event of inclement weather that occurs during the filming or production work, KINE will assess the situation and may suspend or delay work until it is safe to continue. Any resulting additional costs incurred due to the adverse weather conditions will be the responsibility of the Client.

Client Delays:

If the client causes a delay in the production timeline, KINE will not be held liable for any additional costs, expenses or losses incurred as a result. The client shall be responsible for any delay and shall use all reasonable endeavors to ensure that the agreed timeline is maintained.

If the client delay results in KINE being unable to complete the work, KINE shall be entitled to issue an invoice for work already completed and for all expenses incurred up to the point of delay.

KINE reserves the right to re-negotiate the delivery date if a delay caused by the client results in the original delivery date being impossible to achieve. In such instances, KINE shall provide the client with a revised timeline and an estimate of any additional costs incurred.

If the delay is caused by adverse weather conditions or any other event outside of the client's control, KINE will work with the client to minimize any additional costs and to complete the work as soon as reasonably possible. However, KINE shall not be held liable for any additional costs, expenses or losses incurred as a result of such delay.

Post-Production Feedback and Amendments:

Post-production feedback is an essential part of the video production process, and we offer up to three rounds of reasonable amends within the agreed-upon project scope. A round of amends is defined as reasonable changes or revisions to the video project that can be completed within a single feedback cycle. Reasonable changes may include minor adjustments to timing, pacing, or visual effects.

Scope Limitation: Any changes or additions requested by the client must remain within the project scope originally agreed upon in the initial quotation. If the client wishes to introduce changes that go beyond this scope, such changes will be considered "out of scope."
Out-of-Scope Amendments: It's important to note that changes considered out of scope will require a new quote and mutual agreement from both parties before any further work is carried out. Out-of-scope amendments might include those that necessitate significant re-editing, additional filming, or substantial alterations to the project's direction or objectives.
Additional Charges: In the event that the client requests more than three rounds of reasonable amends or any amendments deemed out of scope after the final video has been delivered and approved, any additional work required will be subject to additional charges at our current post-production rates.
Mutual Agreement: The scope of any additional work will be agreed upon by both parties in writing before work commences. This ensures that both the client and service provider have a clear understanding of the nature and extent of the additional work and its associated costs.
Client Responsibilities for Three Rounds of Amendments:
Prompt Feedback: The client is responsible for providing clear and timely feedback within a reasonable timeframe after each round of revisions is submitted. Delays in feedback may impact project timelines and may result in additional costs if extended amendments are required.
Scope Adherence: The client's requests for amendments should align with the originally defined project scope. Any fundamental changes to the project direction or objectives should be separately communicated and mutually agreed upon, as these changes may lead to adjustments in project timelines and costs.
Consolidated Feedback: To optimise the revision process, the client is encouraged to consolidate feedback from all key stakeholders and add onto the vimeo video file. This should include specific comments, suggested changes, and any visual or written references where applicable.
Designation of a Single Point of Contact: To maintain efficient communication, the client should designate a single point of contact responsible for coordinating and relaying feedback to our team. This ensures clarity and minimises potential miscommunications.
Adherence to Deadlines: The client is responsible for adhering to mutually agreed-upon deadlines for each round of amendments. Failure to meet deadlines may result in project delays, additional costs, or rescheduling.
Clarity in Communication: The client should communicate their expectations, preferences, and objectives clearly. Unclear or ambiguous instructions may lead to misinterpretation and additional revision cycles.
Approval and Sign-off: Once the client is satisfied with the final round of amendments, they are responsible for providing formal approval and sign-off. This signifies the completion of the project and initiates any subsequent phases, such as production or delivery.
Additional Rounds: If the client requests more than the agreed-upon three rounds of amendments, this will be treated as a change in the project scope and will result in additional costs and an adjusted timeline. The client should communicate any such requests promptly.

Project Duration and Delivery:

Project Duration and Delivery:

Project Commencement: The project will commence on the agreed-upon start date specified in the project timeline. This date will be confirmed in writing.
Project Timeline: The project timeline, including key milestones and deadlines, will be outlined in the project scope document. The project manager will work diligently to ensure that the project adheres to this timeline. Any changes to the timeline will be communicated and agreed upon by both parties.
Project Delays: While every effort will be made to complete the project within the specified timeline, the client acknowledges that unforeseen circumstances may lead to project delays. In such cases, the project manager will promptly notify the client of any potential delays and provide revised timelines.
Delivery of Deliverables: The client will receive project deliverables in accordance with the agreed-upon project timeline. The format and method of delivery will be specified in the project scope document.
Client's Role in Timely Delivery: The client's timely provision of feedback, approvals, and required materials is essential to ensuring project delivery according to schedule. Delays in client responsibilities may impact project timelines.
Partial Delivery: In some cases, project deliverables may be delivered incrementally. The project manager will specify the delivery schedule for such cases.
Final Delivery and Acceptance: Upon completion of the project, the client will receive the final project deliverables. The client shall review these deliverables and provide formal approval and sign-off in writing to signify project completion and acceptance.
Project Closure: Following client approval and sign-off, the project will be considered closed. Any further work, amendments, or additional services will be subject to a new agreement.

Unsuitable Content

KINE reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.