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Terms and Conditions

Last updated: March 2026

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Open Gate Films website located at opengatefilms.com.au and the video production services provided by Open Gate Films, operated by Daniel Kuberek ("Open Gate Films", "we", "us", or "our").

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or engage our services.

2. Services

Open Gate Films provides professional video production services including, but not limited to:

  • Corporate videos and branded films
  • Social and digital content creation
  • Animation and motion graphics
  • Creative agency partnership services
  • Concept development, scripting, production, editing, and post-production

The scope, deliverables, timeline, and pricing of any specific project will be agreed upon in writing via a project proposal, quote, or service agreement prior to commencement of work.

3. Quotes and Project Agreements

3.1 Quotes

All quotes provided by Open Gate Films are valid for 30 days from the date of issue unless otherwise stated. Quotes are based on the information provided at the time of enquiry and may be subject to change if project scope changes.

3.2 Project Commencement

A project is considered confirmed upon receipt of a signed proposal or written acceptance of a quote, along with any required deposit payment. Open Gate Films reserves the right to decline any project at its discretion prior to commencement.

3.3 Minimum Project Cost

Half-day shoot projects start from $4,650 + GST. Pricing for larger or more complex productions will be quoted individually based on project requirements including cast, crew, location, and post-production scope.

4. Payment Terms

4.1 Deposit

Unless otherwise agreed in writing, a deposit of 50% of the total project fee is required prior to commencement of production. This deposit is non-refundable once pre-production work has commenced.

4.2 Final Payment

The remaining balance is due upon delivery of final assets, or as stipulated in the project agreement. Final deliverables will not be released until full payment has been received.

4.3 Overdue Payments

Invoices not paid within 14 days of the due date may incur a late payment fee. Open Gate Films reserves the right to suspend or withhold delivery of assets until outstanding amounts are settled.

4.4 GST

All prices are quoted exclusive of Goods and Services Tax (GST) unless otherwise stated. GST will be added to all applicable invoices in accordance with Australian tax law.

5. Revisions and Change Requests

Each project includes a set number of revision rounds as outlined in the project proposal. Additional revisions beyond the agreed scope may be subject to additional fees, which will be communicated before work commences.

Significant changes to the project brief, scope, or creative direction after production has begun may result in revised pricing and timelines. Any scope changes must be agreed upon in writing by both parties.

6. Turnaround and Delivery

Open Gate Films aims to deliver final assets within the timeframes agreed in the project proposal. While we maintain an average turnaround of 7 days for standard projects, complex productions may require additional time. We will communicate any delays as soon as reasonably practicable.

Delivery timelines are contingent on timely provision of client materials, approvals, and feedback. Delays caused by the client may affect the agreed delivery date.

7. Intellectual Property

7.1 Client-Owned IP

Upon receipt of full and final payment, Open Gate Films assigns to the client all rights to the final delivered video assets produced specifically for that client, as outlined in the project agreement.

7.2 Open Gate Films Retained Rights

Open Gate Films retains the right to display completed projects in its portfolio, on its website, and across its social media channels for the purpose of self-promotion, unless a confidentiality agreement has been separately executed.

7.3 Raw Footage

Unless expressly agreed in writing, raw (unedited) footage remains the property of Open Gate Films and is not included in standard project deliverables. Transfer of raw footage may be arranged upon request and may attract additional fees.

7.4 Third-Party Materials

The client is responsible for ensuring they hold all necessary licences and rights for any materials they supply to Open Gate Films for use in production, including logos, music, images, and branding assets.

8. Client Responsibilities

The client agrees to:

  • Provide accurate, complete, and timely project briefs and supporting materials
  • Ensure all required approvals, location permissions, and talent releases are obtained prior to production
  • Review and provide feedback on drafts within the timeframes agreed in the project proposal
  • Not misrepresent the intended purpose or use of the commissioned content

9. Cancellation and Refunds

9.1 Cancellation by Client

If a project is cancelled by the client after written confirmation and deposit payment, the deposit is non-refundable. If cancellation occurs after production has commenced, the client may be liable for the full project fee or a proportion thereof, based on the amount of work completed.

9.2 Cancellation by Open Gate Films

In exceptional circumstances, Open Gate Films may cancel a project prior to commencement and will provide a full refund of any deposit paid. We will give as much notice as reasonably possible.

10. Limitation of Liability

To the maximum extent permitted by Australian law, Open Gate Films' liability for any claim arising from the provision of services is limited to the total fees paid by the client for the specific project in question.

Open Gate Films is not liable for any indirect, consequential, incidental, or special damages, including loss of profit, loss of business, or reputational damage arising from the use or reliance on our services or delivered content.

11. Warranties and Representations

Open Gate Films warrants that its services will be performed with reasonable skill and care consistent with industry standards. We do not guarantee specific commercial outcomes (such as views, engagement, or conversions) from the use of produced video assets.

12. Confidentiality

Both parties agree to keep confidential any proprietary information, project briefs, strategies, or business materials disclosed during the course of a project. This obligation survives the completion or termination of the project.

13. Use of Website

You agree to use the Open Gate Films website for lawful purposes only. You must not use the website in any way that infringes the rights of others, is harmful, fraudulent, or constitutes unlawful activity.

All content on this website, including text, images, video samples, and branding, is the property of Open Gate Films and is protected by Australian copyright law. You may not reproduce or redistribute any content without our express written permission.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales.

15. Changes to These Terms

We reserve the right to update these Terms at any time. The most current version will be published on our website. Continued use of our services or website after any changes constitutes acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms and Conditions, please contact:

Open Gate Films
Attn: Daniel Kuberek
Email: info@opengatefilms.com.au
Phone: (02) 9188 1686