Terms & Conditions — tommarks.tv

Terms & Conditions

By engaging TomMarks.tv for any service, you agree to these Terms & Conditions. These terms apply to all projects, bookings, and services unless otherwise agreed in writing.

01 Quotes

Formal quotes are valid for 60 days from the date of issue unless an alternative period is explicitly stated. The published rate card at tommarks.tv/pricing is a guide only and does not constitute a confirmed quote or booking.

02 Payment

Payment is due within 14 days of invoice date (Net 14), unless specific arrangements have been agreed in writing. Flexible terms are available for government and institutional clients.

A deposit of 35% is required on booking for projects valued over $1,750. Deposits are non-refundable.

Late interest of 1.5% per month applies to invoices outstanding beyond the due date. This interest is waived for the first 60 days, after which it accrues from the original due date.

03 Deadlines & Client Responsibilities

Where a deadline has been agreed, the client must cooperate fully with requests from the production team in a timely manner throughout the production process to ensure that deadlines are met.

We will not be held responsible for delays caused by late client feedback, delayed approvals, third-party involvement, or circumstances beyond our reasonable control. Where client delays cause a deadline to be missed, any rescheduling costs will be at the client's expense.

04 Intellectual Property

All concepts, scripts, captured footage, photography, and final productions remain the property of Tom Marks until the client has paid the final invoice in full.

Upon receipt of full payment, the client is granted a non-exclusive licence to use the delivered work for the agreed use case. Broader rights — including national distribution, paid media placement, raw files, and project source files — are available under a separate licence and will be quoted on request.

Tom Marks retains the right to display, publish, and reproduce all work produced for portfolio, promotional, and educational purposes, unless otherwise agreed in writing prior to commencement.

05 Cancellations

Cancellations with less than 24 hours notice of a confirmed booking will incur a cancellation fee of 50% of the total booking value.

For project cancellations after work has commenced, a fee will apply based on the proportion of work completed at the time of cancellation. All deposits are non-refundable.

06 Refunds

In the first instance, we will work with the client to address any concerns through reasonable revisions. Where a deliverable does not meet the agreed brief and cannot be remedied, a partial or full refund may be applicable in accordance with Australian consumer law.

Refunds do not apply where the client has changed their mind, found a lower price elsewhere, or where the work was delivered as agreed. For further information, refer to the Australian Competition and Consumer Commission.

General Terms
07 Limitation of Liability

To the fullest extent permitted by law, Tom Marks is not liable for any indirect, incidental, or consequential loss arising from the use of, or inability to use, any deliverable. Our total liability in any matter arising from these terms shall not exceed the amount paid by the client for the relevant project.

08 Governing Law

These terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

09 Contact

For any questions regarding these Terms & Conditions, please get in touch:

Tom Marks — TomMarks.tv
Townsville, Queensland, Australia
tom@tommarks.tv  ·  tommarks.tv/contact