MOCO Terms of Service

1.0 Services Rendered

The client shall approve the production estimate and schedule in advance of work being commenced by Motion Collective.

Upon approval of the project and acceptance of the estimate, Motion Collective will begin the process of producing the agreed project.

2.0 Mutual Cooperation

We agree to use our best efforts to fulfill and exceed your expectation on the deliverables outlined in the quote. You agree to aid us in doing so by making available any needed information and assets.

3.0 Terms of Payment

3.1 BILLING SCHEDULE

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

Unless stated otherwise above, projects are invoiced at 50% upon this agreement being signed (which will act as the deposit) and 50%
upon completion.

3.2 CLIENT AGREEMENT TO PAY

You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project.

Every invoice after that will have 14 day payment terms.

In the event payment is not made within 14 days, Motion Collective will charge a late payment fee of 1% on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Motion Collective pays for carrying overdue invoices.

In addition, Motion Collective reserves the right to stop work until payment is received.

3.3 COLLECTION COSTS

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

4.0 Changes & Cancellations

4.1 PROJECT CANCELLATIONS

You have the right to modify, reject, cancel or stop any and all plans or work in process.

However, you agree to reimburse us for all costs and expenses we incur prior to your change in instructions, and which relate to non-cancelable commitments.

You also agree to indemnify us for any liability relating to such action. We agree to use our best efforts to minimize any such costs and expenses.

4.2 PROJECT CHANGES / MODIFICATIONS

Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and additional budget will be required to action these.

4.3 PROJECT DELAYS

If a project has been started and you need to place it on hold, additional fees may be required to recommence the project (if during the
hold period circumstances have changed). Examples of this include: talent / locations needing to be rebooked, licensing agreements
needing to be renegotiated / updated, edit files needing to be relinked etc.

5.0 Additional Fees

5.1 OVERTIME / LOADING FEES

On occasion, the crew / talent / location may be required for additional time to complete the production and capture all necessary imagery / audio. As a result, overtime and/or loading fees may be applied to the final invoice to cover these additional costs.

5.2 POST PRODUCTION FEES

Post production is quoted in time, not in edit rounds or versions. If additional post production time is required to complete the project
(further to what has been outlined above), this will be added to the project at the same post production rate.

Motion Collective will make the client aware of any additional post production time required prior to commencement.

5.3 CLOSED CAPTIONS / SUBTITLES

Closed captioning / subtitling is an additional service that can be added to the project, but is not included as standard unless otherwise
stated.

6.0 Responsibilities

6.1 MOTION COLLECTIVE’S RESPONSIBILITY FOR RELEASES

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, stock footage, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

6.2 CLIENT RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, footage or other artwork you provide are either owned by you or that you have permission to use them.

6.3 CLIENT RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services.

6.4 CLIENT RESPONSIBILITY FOR USAGE AGREEMENTS

You shall be responsible for adhering to any usage agreements and restrictions defined by the music licence, talent, voiceover artist, stock
provider or other.
If you should be found to be in breach of any usage agreement, Motion Collective will not be held accountable and you agree to cover all additional usage costs charged by the provider.

7.0 Confidentiality

Motion Collective acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to
preserve the confidentiality of any proprietary or confidential information disclosed by you.

8.0 Ownership

When the clients final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project and all elements of text, images and data you provided (unless these are owned by someone else and used with their permission).

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

The only additional usage restrictions will pertain the talent, voiceover, stock and music, unless these have been negotiated in perpetuity.

Motion Collective reserves the right to use the final edit for promotional purposes, unless agreed otherwise.

Motion Collective reserves the right to utilise unused rushes that may have been shot on set where the clients brand or premises is not featured.

Once the project has been completed, Motion Collective will archive project files, project media and rushes and keep them for a period of
3 years. After this, all files will be deleted.

Motion Collective will not be held accountable for the loss of any project files or media.

9.0 Termination

9.1 TERMINATION FOR CAUSE

Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties
and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default.

9.2 PAYMENT FOR NON-CANCELABLE MATERIALS

Any non-cancelable materials, services that we have committed ourselves to purchase for your account, (either specifically or as part of a
plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this agreement.

We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon your request that any such materials and services, are non-cancelable.

9.3 MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until
such time as you have paid us in full you agree not to use any such materials, in whole or in part.

9.4 TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness, Motion Collective shall transfer, assign and
make available to all property and materials in its possession or control belonging to the client. You agree to pay for all costs associated
with the transfer of materials.

10.0 Campaign Results

If the content is to be published online or broadcast, the client agrees to share any campaign results and/or viewing metrics and
statistics with Motion Collective.

By accepting this quote you confirm you have read, understand and agree to every provision.