Payment Terms:
a. The client agrees to pay the agreed-upon price for the services rendered by the video production company.
b. A 50% deposit is required before the commencement of any project, and the remaining balance plus any additional costs and expenses shall be paid no later than 30 days upon completion of the project.
c. Any changes to timelines must be confirmed in writing. Clients will be responsible for additional costs resulting from changes, and the company may produce a new quotation to reflect these changes.
d. Clients are responsible for paying for non-cancelable materials and services purchased or booked by the company on the client's behalf.
e. If the client fails to pay for any materials or services provided by the company, the client is not allowed to use these materials until payment has been made in full.
Cancellation:
Once the shoot has been confirmed in writing, the following cancellation terms apply:
a. In the case of cancellations, 50% of the shoot costs will be payable if the booking has been cancelled within 7 days of the shoot, and up to 24 hours before the commencement of the shoot.
b. A 100% cancellation fee (shoot related cost) will be charged if the shoot is cancelled within 24 hours of the commencement time.
The client acknowledges and agrees to these cancellation terms by engaging the services of the company.
Changes and Revisions:
a. The client is allowed to request changes or revisions to the project within the scope of the original agreement.
b. Any changes or revisions that fall outside the scope of the original agreement will be subject to additional fees.
c. The video production company reserves the right to refuse any requested changes or revisions that are not feasible or practical.
d. Delays by the client during the review or approval period will cause a delay in delivery. If the client delays beyond the allocated deadline, the company may charge a penalty or treat the project as a new project and invoice the client accordingly.
Ownership of the footage:
The client guarantees that all elements of text, images, or other artwork provided are either owned by the client or that the client has permission to use them unless otherwise indicated by the client. Once final payment has reflected in the company's bank account, copyright will be automatically assigned as follows:
a. The client will own the visual elements created for this project as well as the unique combination of all the elements that constitute a completed project and can be licensed to the client for local usage unless agreed otherwise between the parties in writing.
b. For commercial and international usage, a separate license agreement will be drafted at an additional cost. The company can supply finished files on request within 30 days of project completion; thereafter, it is the client's responsibility to keep media backups.
c. There shall be no annual general usage fee in respect of local usage. However, if any external/third party requires a usage fee to be charged for the use of any material owned by such external/third party, the client shall bear the costs of such usage fee and shall be invoiced by the company in the normal course for such usage fee.
d. Original project or raw footage files are only handed over at an agreed additional cost unless otherwise agreed between the parties in writing.
e. The video production company reserves the right to use the footage for promotional purposes.
Delivery:
a. The video production company will deliver the final product to the client within the agreed-upon timeframe.
b. The client must provide the video production company with all necessary information and materials in a timely manner to ensure timely delivery.
c. Delays not caused by the company will not make the company liable. If the client fails to communicate for 14 days, outstanding balances become payable, and the project is put on hold.
Liability:
a. The video production company will not be held liable for any loss or damage to the client's property during the production of the project.
b. The video production company will not be held liable for any delays caused by circumstances beyond its control, such as weather, illness, or equipment failure.
c. The video production company's liability will be limited to the cost of the services provided.
Termination:
a. Either party may terminate the agreement with a written notice of at least [7] days.
b. If the client terminates the agreement before work begins, the video production company will refund any deposits minus any expenses incurred.
c. If the client terminates the agreement after work has commenced, the video production company will retain the deposit and bill the client for all work completed up to the termination date.
d. If the video production company terminates the agreement for reasons other than client breach, the company will refund any unearned portion of payments received.
Governing Law:
a. This agreement shall be governed by and construed in accordance with the laws of South Africa.
b. Any disputes arising from this agreement will be resolved through arbitration in South Africa.
By engaging the services of the video production company, the client agrees to these Terms and Conditions.