Terms & Conditions
1. Scope of Services Content Creator agrees to create and deliver the agreed upon content. The content will be tailored based on mutually agreed specifications and style. This may include pre-production tasks such as planning, scripting, and location scouting as required.
2. Deliverables Upon completion of the project, the Content Creator will deliver a watermarked preview of the content for Client review. Once the final payment is received, the Client will receive the un-watermarked, high-resolution final version.
Final content will be delivered in an agreed upon format and / or resolution via data transfer method (ie WeTransfer / Google Drive)
3. Payment Terms
4. Ownership and Usage Rights All content produced remains the sole property of the Content Creator until full payment has been received. Upon final payment, the Client is granted a non-exclusive, non-transferable licence to use the content as agreed upon.
Any commercial re-sale, sub-licensing, significant modifications, or redistribution of the content must be approved in writing by the Content Creator.
5. Revisions and Alterations The Client is entitled to 2 rounds of revisions within the scope of the original project.
A “revision” refers to minor edits such as trimming clips, adjusting colour/audio, or changing text overlays. Major changes (e.g., full re-shoots, script rewrites, or entirely new directions) are outside this scope and will be billed additionally.
6. Confidentiality The Content Creator agrees to maintain the confidentiality of any proprietary, sensitive, or personal information provided by the Client. This clause remains in effect during and after the term of the Agreement. Both parties agree not to disclose project-related materials to third parties without prior written consent.
7. Exclusivity and Non-Competition To avoid conflicts of interest, the Content Creator agrees not to promote directly competing products during the contract period without prior discussion and approval from the Client. This clause applies only if the Content Creator is on a monthly retainer with the client, however, should the creations be 'project by project' basis, this exclusivity clause does not apply.
8. Termination and Cancellation
9. Limitation of Liability The Content Creator shall not be liable for any incidental, indirect, or consequential damages resulting from the use of the content provided. Client agrees to use the final content at their own discretion and assumes all responsibility for its application.
The Content Creator is also not liable for delays or non-performance due to events beyond their control, including but not limited to illness, technical failure, or acts of nature (“force majeure”).
10. Mediation In the event of a dispute, both parties agree to first attempt resolution through mediation. If mediation fails, legal resolution may be pursued. Any legal action must be taken in accordance with the laws of South Africa.
11. Miscellaneous
1. Scope of Services Content Creator agrees to create and deliver the agreed upon content. The content will be tailored based on mutually agreed specifications and style. This may include pre-production tasks such as planning, scripting, and location scouting as required.
2. Deliverables Upon completion of the project, the Content Creator will deliver a watermarked preview of the content for Client review. Once the final payment is received, the Client will receive the un-watermarked, high-resolution final version.
Final content will be delivered in an agreed upon format and / or resolution via data transfer method (ie WeTransfer / Google Drive)
3. Payment Terms
- Deposit: A 50% non-refundable deposit is required to secure a booking slot in the Content Creator’s schedule. No work, including planning or scheduling, will commence until this deposit has been received.
- Final Payment: The remaining balance of 50% is due upon the Client’s acceptance of the watermarked content. The un-watermarked final content will be delivered upon receipt of this final payment.
- Priority Requests: Additional fees will apply for expedited delivery or event-specific deadlines. Such requests must be discussed and confirmed in advance.
4. Ownership and Usage Rights All content produced remains the sole property of the Content Creator until full payment has been received. Upon final payment, the Client is granted a non-exclusive, non-transferable licence to use the content as agreed upon.
Any commercial re-sale, sub-licensing, significant modifications, or redistribution of the content must be approved in writing by the Content Creator.
5. Revisions and Alterations The Client is entitled to 2 rounds of revisions within the scope of the original project.
A “revision” refers to minor edits such as trimming clips, adjusting colour/audio, or changing text overlays. Major changes (e.g., full re-shoots, script rewrites, or entirely new directions) are outside this scope and will be billed additionally.
6. Confidentiality The Content Creator agrees to maintain the confidentiality of any proprietary, sensitive, or personal information provided by the Client. This clause remains in effect during and after the term of the Agreement. Both parties agree not to disclose project-related materials to third parties without prior written consent.
7. Exclusivity and Non-Competition To avoid conflicts of interest, the Content Creator agrees not to promote directly competing products during the contract period without prior discussion and approval from the Client. This clause applies only if the Content Creator is on a monthly retainer with the client, however, should the creations be 'project by project' basis, this exclusivity clause does not apply.
8. Termination and Cancellation
- Termination by Client: The Client may terminate this Agreement with written notice. If terminated after work has begun, the deposit will not be refunded. Any additional expenses or time incurred up to the termination date will be invoiced.
- Termination by Content Creator: The Content Creator may terminate this Agreement if the Client fails to adhere to payment terms or provides inaccurate or misleading information that prevents project completion.
In either case, partially completed work may be delivered at the discretion of the Content Creator, and all content created up to the termination date remains the property of the Content Creator unless otherwise agreed in writing.
9. Limitation of Liability The Content Creator shall not be liable for any incidental, indirect, or consequential damages resulting from the use of the content provided. Client agrees to use the final content at their own discretion and assumes all responsibility for its application.
The Content Creator is also not liable for delays or non-performance due to events beyond their control, including but not limited to illness, technical failure, or acts of nature (“force majeure”).
10. Mediation In the event of a dispute, both parties agree to first attempt resolution through mediation. If mediation fails, legal resolution may be pursued. Any legal action must be taken in accordance with the laws of South Africa.
11. Miscellaneous
- Entire Agreement: This document represents the full agreement between the parties. Any prior verbal or written agreements are superseded.
- Amendments: Any changes to this Agreement must be made in writing and signed by both parties.
- Digital Signatures: Digital or electronic signatures shall be considered valid and legally binding.
- Governing Law: This Agreement is governed by the laws of South Africa.
