TERMS AND CONDITIONS

Effective Date: 4 June 2025

Welcome to the website of Phoenixia Productions® (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website, services, and any related content provided via Google Sites. By accessing or using our website, you agree to these Terms.

If you do not agree with these Terms, please do not use our website or services.

1. Who We Are

Phoenixia Productions® is a creative production company based in New Zealand. We offer photo, video, and audio production services across various sectors including film, television, commercial content, and brand storytelling.

2. Use of the Website

You agree to use this website only for lawful purposes. You must not:

• Engage in any activity that disrupts or interferes with our website

• Use the site to send unsolicited commercial communications

• Attempt to gain unauthorized access to any portion of the website or our systems

• Reproduce, duplicate, copy, sell, or exploit any part of the website for commercial purposes without express written permission

3. Bookings and Services

All bookings for our services are subject to availability and confirmation. A project brief, quote, or contract may be issued before commencement of work.

By engaging us for services, you agree to:

• Provide clear and accurate information regarding the project scope

• Adhere to agreed timelines, payments, and deliverables

• Respect the creative and professional direction we provide

4. Pricing and Payment

All pricing is provided in New Zealand Dollars (NZD) and or United States Dollars (USD) and may be exclusive of GST/TAX unless otherwise stated. Payment terms will be outlined in your quote or agreement. Invoices must be paid by the due date specified.

Late payments may incur interest or collection fees.

5. Intellectual Property

Unless otherwise agreed in writing:

• All content produced by Phoenixia Productions®, including video, photography, and audio, remains our intellectual property until full payment is received.

• We reserve the right to use completed works for promotional purposes (e.g., website, televison, portfolio, social media), unless otherwise agreed.

Clients are granted a license to use the final product as per the usage terms outlined in their contract or invoice.

6. Cancellations and Refunds

We understand that plans can change. The following terms apply:

• Cancellations made within 7 days of a scheduled shoot may incur a cancellation fee.

• Deposits are non-refundable unless otherwise specified.

• Any refunds are subject to the Consumer Guarantees Act 1993.

If we cancel or are unable to deliver services, you will be entitled to a full refund or credit, unless otherwise agreed.

7. Limitation of Liability

To the fullest extent permitted by New Zealand law, Phoenixia Productions® shall not be liable for:

• Any indirect, incidental, or consequential damages

• Loss of data, revenue, or opportunity

• Delays caused by third parties, weather, equipment failure, or circumstances beyond our control

Our liability for any breach of the Consumer Guarantees Act 1993 or Fair Trading Act 1986 is limited to re-performing the services or refunding the amount paid.

8. Consumer Rights (New Zealand)

Nothing in these Terms affects your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. If you are acquiring our services for personal use, these Acts provide guarantees that cannot be excluded. If you are acquiring services for business purposes, you agree that the Consumer Guarantees Act does not apply.

9. Privacy

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Privacy Act 2020.

10. Third-Party Links and Tools

Our website may include links to third-party services (e.g., embedded videos, forms, or social media). We are not responsible for the content or privacy practices of those third-party sites.

11. Website Content and Changes

All content on this website is provided for general information only and may be updated or changed without notice. While we strive for accuracy, we make no warranties or guarantees that the information is current or error-free.

12. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the New Zealand courts.

13. Changes to These Terms

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Changes will take effect immediately upon being published on this website.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the website or our services after any changes have been made constitutes your acceptance of the revised Terms.

If a material change affects your rights or obligations, we will take reasonable steps to notify you (such as posting a notice on our website or contacting you directly if you are a current client).

14. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or how we handle your data, please contact:

Email: Sam.phoenixia@phoenixiaproductions.com

Phoenixia Productions®

www.phoenixiaproductions.com