Terms of Service

About Magic Motion Studio

Magic Motion Studio is an animation and explainer video production studio. These Terms of Service govern all projects, services, and commercial relationships between Magic Motion Studio ("we", "us", "our") and any individual or organisation ("Client", "you") that engages our services.

These terms apply to all explainer video production, 2D animation, motion graphics, anime-style animation, whiteboard animation, and any related creative or post-production services we provide.

Project Engagement and Scope

All projects begin with a written proposal or statement of work ("SOW") that defines the scope, deliverables, timeline, revision rounds, and fees. The SOW forms part of these Terms of Service and takes precedence where there is any conflict.

Work begins only after the Client has accepted the proposal in writing (by email or digital signature) and paid the required deposit as stated in the SOW. Verbal agreements do not constitute an accepted scope of work.

Any changes to scope, deliverables, or timeline requested after project commencement may result in additional fees and a revised timeline. We will provide a written change order for any such additions before proceeding.

Payment Terms

Payment terms are as follows unless otherwise stated in your project proposal:

• Deposit: 50% of the total project fee is due before work commences. No work begins until the deposit is received.
• Final payment: The remaining 50% is due before the final video file is delivered. We do not release final files until all outstanding invoices are paid in full.
• Milestone payments: For larger projects, a milestone payment schedule may be agreed and documented in the SOW.

All invoices are due within 7 days of issue unless otherwise agreed in writing. Overdue invoices may attract a late payment fee of 2% per month on the outstanding balance. We reserve the right to pause work on any project with an overdue invoice until payment is received.

Prices are quoted in the currency specified in your proposal (AUD or USD). Applicable taxes are the responsibility of the Client and will be added to invoices where required by law.

Revisions and Approvals

Each project includes a defined number of revision rounds at the script, storyboard, and animation stages, as specified in your SOW. Revision rounds are defined as one consolidated set of changes submitted in a single feedback document or annotated file per round.

Revisions beyond the agreed rounds are available at our standard hourly rate, which will be confirmed in writing before any additional work commences.

Client approval at each stage is required before the next stage begins. Written approval (by email or annotation on a shared document) constitutes sign-off. If written approval is not received within 10 business days of a deliverable being submitted for review, we will treat the deliverable as approved and proceed to the next stage.

Magic Motion Studio is not liable for errors, inaccuracies, or omissions in the final video that were present in Client-approved scripts, storyboards, or style frames.

Intellectual Property and Ownership

Upon receipt of full payment, the Client receives full ownership of the final delivered video file(s) for use in any medium, territory, or channel without restriction.

Magic Motion Studio retains ownership of all intermediate work product, including scripts, storyboards, style frames, and animation project files, unless otherwise agreed in writing. Ownership of project source files (After Effects, Toon Boom Harmony, or equivalent) may be transferred at an additional fee upon written request.

Magic Motion Studio retains a non-exclusive, royalty-free right to display the completed video in our portfolio, showreel, website, and marketing materials unless the Client requests confidentiality in writing at the time of project sign-off. Confidential project requests will be honoured and the work will not be displayed publicly.

The Client warrants that all materials, assets, logos, scripts, and content provided to Magic Motion Studio are owned by the Client or that the Client has the necessary rights and licences to use them. The Client agrees to indemnify Magic Motion Studio against any claims arising from third-party intellectual property infringement in Client-supplied materials.

Client Responsibilities

To ensure projects are delivered on time and to the agreed standard, the Client agrees to:

• Provide all required assets, briefs, brand guidelines, and reference materials within the timeframes agreed at project kick-off.
• Provide consolidated feedback from all internal stakeholders in a single document per review round. Fragmented or sequential feedback rounds that exceed the agreed revision count will be treated as additional revision rounds.
• Nominate a single point of contact with authority to approve deliverables on behalf of the Client.
• Respond to review requests within the timeframes set out in the project schedule. Delays caused by the Client may result in timeline adjustments.

Project timelines quoted in the SOW assume timely Client responses and approvals. Magic Motion Studio is not responsible for delivery delays caused by late feedback, late asset delivery, or extended approval chains on the Client side.

Confidentiality

Both parties agree to keep confidential all non-public information shared during the course of a project, including business strategies, product development plans, financial information, and proprietary processes.

This obligation does not apply to information that is publicly available, independently developed by either party, or required to be disclosed by law or regulation.

If a project requires a formal non-disclosure agreement (NDA), please raise this before project commencement. We are happy to sign a mutual NDA where the project scope warrants it.

Cancellation and Refunds

The Client may cancel a project at any time by written notice. Cancellation terms are as follows:

• Cancellation before work commences: Full deposit refund, less a 10% administration fee.
• Cancellation after script delivery: 50% of the total project fee is due regardless of whether the final video is delivered.
• Cancellation after storyboard delivery: 75% of the total project fee is due.
• Cancellation after animation commences: 100% of the total project fee is due.

All work completed to the point of cancellation will be delivered to the Client upon receipt of the applicable cancellation fee.

Magic Motion Studio reserves the right to cancel a project if the Client fails to provide required materials or approvals within 30 days of a documented request, or if the Client's conduct makes it unreasonable to continue the engagement. In such cases, fees for work completed to date will apply.

Limitation of Liability

Magic Motion Studio's total liability to the Client for any claim arising out of or in connection with a project, whether in contract, tort, or otherwise, is limited to the total fees paid by the Client for the specific project to which the claim relates.

Magic Motion Studio is not liable for any indirect, consequential, or incidental loss, including loss of revenue, loss of profit, loss of business opportunity, or reputational damage, arising from or related to our services.

We make no warranty that any video produced will achieve specific business outcomes, conversion rates, search rankings, audience engagement levels, or other performance metrics. Results depend on distribution, audience targeting, and factors entirely outside our control.

Third-Party Assets and Licensing

Where a project requires licensed music, stock footage, stock illustrations, typefaces, or other third-party assets, the cost of those licences will be included in the project quote or invoiced separately with prior written agreement.

Music licences are typically purchased for online use (YouTube, website, social media). Additional licences for broadcast, cinema, or other distribution channels may be required and will be quoted separately.

Magic Motion Studio will not use unlicensed third-party assets in any client project.

Force Majeure

Neither party is liable for delays or failures in performance caused by circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or infrastructure outages, or industrial action. The affected party will notify the other as soon as reasonably practicable and both parties will work in good faith to agree on a revised timeline.

Governing Law and Disputes

These Terms of Service are governed by the laws of New South Wales, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising from these terms or from a project engagement.

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation. If a dispute cannot be resolved within 30 days of written notice by either party, either party may pursue formal resolution.

Changes to These Terms

Magic Motion Studio may update these Terms of Service from time to time. Updated terms will be published on this page with a revised date. Continued engagement with our services after any update constitutes acceptance of the revised terms. We recommend reviewing this page periodically.

Changes to these terms do not affect projects already in progress under a previously agreed SOW unless both parties agree in writing.

Entire Agreement

These Terms of Service, together with any signed project proposal or SOW, constitute the entire agreement between Magic Motion Studio and the Client. They supersede all prior discussions, representations, or agreements, whether written or verbal.

If any provision of these terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.