Terms & Conditions
1. INTERPRETATION INTERPRETATION
- “Capture Video Productions (Pty) Ltd”, hereafter referred to as “CVP”.
Vat number: 4230277701.
Company registration number: 2017/125659/07.
- Address: 41, 5th Street, Voelklip, Hermanus 7200.
- When we say you or your, we mean both you and any entity or firm you’re authorised to represent, whether client or service provider to CVP. When we say CVP, we, our or us, we’re talking about Capture Video Productions (Pty) Ltd you contract with and pay fees to for services and products delivered. When we refer to the Parties, we refer to CVP and any one or combination of our clients, our service providers and their representative parties.
- Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
- When we refer to our services and products, we refer to the videos and related cinematographic services, techniques, products or any other related services or products CVP may produce and offer to the market.
- When we imply or refer to transactions, payments, messages or any derivative thereof we refer to the manual and the electronic renditions thereof.
- Whatever your role, when you use CVP’s services and products or conclude a business agreement with CVP as a service provider or of any other kind allowed within the law, you agree to follow the rules outlined here. Please read them and make sure you understand what you may and may not do.
- You undertake that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our business relationship for your legal, tax and compliance obligations.
- We are constantly attending to improvements of our service and product offerings. For new or updated services and products, there might be additional terms and conditions. We’ll let you know what those terms and conditions are before you start using those products and services.
- We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services and products. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us through prior written authorization.
- CVP is a South African based company and we first and foremost comply with our own laws. While we believe that our services and products are reasonable and lawful across all jurisdictions we know of, we would always test first our assumption against new jurisdictions before we expect of foreign clients to accept our T&C’s.
- Amounts not paid when due under this Agreement will accrue interest at prime plus 5%, compounded on a monthly basis. In addition to all other available rights and remedies, CVP reserves the right to cancel and remove any and all content if you fail to make timely payments of any amounts owing hereunder.
- All payments received by CVP pursuant to this agreement shall allocated first to cost, then to interest, then to capital balance outstanding.
- A certificate under the hand of any member or manager of CVP (whose appointment need not to be proven) as to the existence and amount of your indebtedness to CVP at any time, as to the fact that such amount is due, owing and payable, the amount of interest accrued thereon and as to any other fact, matter or thing relating to your obligation towards CVP, shall be sufficient and satisfactory proof of the content and correctness thereof for the purpose of provisional sentence, summary judgment or any other proceedings of whatever nature against you and/or the Surety in any competent court and shall be valid as a liquid document for such purpose.
- The Parties choose domicilium citandi et executandi for all purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this agreement at the addresses agreed to between the Parties during the take-on and production process.
- No indulgence which any party may grant to any other shall constitute a waiver of any of the rights of the grantor.
- No addition to, or variation of these terms shall be of force or effect unless reduced to writing and signed by CVP.
3. TAKE-ON AND PRODUCTION PROCESS
- Upon acceptance of the quotation following on our negotiations, CVP will liaise with you to set up an agreed schedule for our services and products.
- When we produce one or more products such as a video or any other cinematographic product for you, we may follow the procedures below to effect changes and amendments to your product:
- We will provide you with a draft of your video(s) or other cinematographic product(s) once the post-production stage is complete. You will then be allowed 2 working days to notify us of any changes or amendments you may require.
- Any changes or amendments that affect the original brief may be subject to an additional charge.
- Any changes or amendments that we are notified of after two working days of the submission of the first draft may be subject to an additional charge.
- Post-production work (including editing, colouring, animation, and design work) includes but is limited to one round of changes, thereafter additional rates will apply.
- As our client you have the following responsibilities:
- You must ensure that all necessary arrangements have been made with, and permissions obtained from and for people, places and products whatever their nature that are required to be recorded for you to the extent that you and us both comply with all relevant laws and regulations that may apply.
- you must ensure that all necessary preparations have been undertaken, inclusive of the following:
- A clear, accurate outline of requirements were provided to us.
- Ensuring that properties are in an acceptable state and presentable for purposes of videos or related cinematographic material. In this regard, ask us pertinently for our specifications document.
- The interview answers and or narrations have been prepared.
- The videographer or relevant operator was informed as to any potential problems for a minimum of 3 working days in advance of the scheduled recording time. This includes, but is not limited to alternative locations, change of date or time.
- You will have unlimited rights of use to all cinematographic content captured for you within these terms.
- Your cinematographic content can be stored on our YouTube account or the file(s) can be handed over to you. CVP cannot be held liable if footage files are lost, damaged or stolen after your products were completed and formally handed over to you.
- Cancellations during the production stage of your project will result in you being liable for 75% of the total project charge.
- Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge.
- As CVP we have the following rights and responsibilities:
- Unless otherwise stated, we undertake to provide you with a service, an end-product or a combination thereof as the case may be within 48 hours after the cinematographic content was created.
- Unless otherwise stated, CVP retains the right to use any cinematographic material produced through this agreement as part of our own marketing material.
- CVP reserve all rights to terminate our provision of service to you at any time:
- Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
- Upon any discovery of unsafe filming environments relating to the project, or production circumstances that pose a significant risk to our health or wellbeing, CVP reserve the right to cancel the production session and you will be liable to a charge.
- Unless otherwise agreed to with you, CVP will treat any information gained during the production and supply of our services and products to you as being private and confidential. Likewise, you shall keep confidential any methodologies and technology used by CVP during the production and supply of our services and products. In this regard, we refer you to our confidentiality clause above.
- You must pay the following fees to CVP for our services and products:
- The monthly fee as agreed with you during our negotiations with you.
- The monthly fee remains payable irrespective of whether you make use of or place orders for our services and products in any month. No refund will be issued if you do not use of any of our services and products in any given month.
- CVP may increase its fees, or any portion thereof, from time to time, on not less than one month’s written notice to you, provided that, if you give CVP notice of termination in terms of clause 8 during that 30-day period, the increase will not apply during the notice period.
- Fees exclude value-added tax, which you must pay to CVP at the applicable rate. You agree to accept receipt of electronic format tax invoices, credit, and debit notes, which will be transmitted via email.
- At the beginning of each Calendar Month, we will furnish you with an original VAT invoice, which sets out the fees payable by you for services and products rendered by CVP during that calendar month.
- You must make payment to CVP in advance, by way of a monthly debit order, as agreed to through these terms. Should we waive this requirement, you must pay by electronic bank transfer, to such bank account as we may notify you from time to time.
- All payments must be made free of exchange and without deduction, set-off or demand and you may not withhold payment of all or part of any amount due to CVP for any reason.
- Should you fail to pay any amount due to CVP by the due date defined in the debit order authorisation, we may, without prejudice to any of its rights in terms of the Agreement:
- Charge you interest on such amount at the prime overdraft rate offered by CVP’s bankers from time to time.
- Withhold provision of our services and products for so long as you fail to pay any such amount.
- No refunds will be issued once production has started on a project.
5. DATA USE AND PRIVACY
- If at any time you provide personal information of a third Party, such as one of your suppliers or clients to us, you should make sure to comply with the relevant data protection legislation as will CVP. At CVP we treat every entry of personal information as equally important and deserving of protection.
- When your personal information enters or business, we don’t own that data but through your explicit consent we are allowed to process such data to produce and offer our services and products, to enable you to use our services and products, to allow us to improve, develop and protect our services and products; to create new services and products, to communicate with you, and to send you information we think may be of interest to you based on your customer profile. Should we need to process your personal information beyond these purposes, we will first seek your further consent to do so.
- When you use our services and products, we may remove your personal information from your data and usage of our services and products for statistical purposes. We may also use such anonymous data for purposes such as to provide and improve our services and products, to develop new service or product offerings, to identify business trends, or for other uses within the law.
- Where we learn there has been unauthorised access to personal data, we’ll let you know and give you information about what has happened as soon as we have the required information to do so. We will immediately take all reasonable steps to mitigate the effects and to minimize any damage resulting from such a security breach. In this regard, we will follow all the relevant regulatory prescriptions.
- Third-party services and products of whatever nature or extent are subject to terms and conditions and privacy notices set by the providers of these third-party services and products. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you contract with them. Should CVP at any time use third-party services and products in providing our services and products to you, we will take all reasonable steps to ensure the integrity, safety and security of such services and products. We cannot endorse, though, any third-party services and products used in combination with ours outside those we specifically may ourselves use after endorsements.
6. MAINTENANCE, DOWNTIME AND DATA LOSS
- We strive to maintain the availability of our services and products around the clock, and to provide the level of support to be reasonably expected in an agreement of this nature. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance. In case of unplanned downtime, we will attend to it with the necessary urgency but be assured that in all instances of an interruption in services we will do our best to limit such interruption and to fix the problem as speedily as possible, because we want you to have access to an uninterrupted service.
- You know how the Internet and the rest of our country’s infrastructure services work – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time and you will appreciate that we cannot accept responsibility for such service interruptions.
- Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data shared with us through this relationship. From our side, we continue to take all reasonable steps to protect ourselves and you against unforeseen disaster and loss, and to ensure business continuity.
- Should we find ourselves on different sides of a dispute, we agree to follow the dispute resolution steps listed in Clause 11 below.
- We frequently release new updates, modifications and enhancements to our services and products, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, or within our services when you log in).
7. DO’S AND DON’TS
- We would like your feedback and may use it without restriction to improve our services and products. Unless you consent, we won’t share your feedback with the public, though.
- We provide a lot of guidance and support to help you use our services and products. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
- Occasionally we may offer a service or product at no charge or at a lower price – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
- While we can’t cover everything here, we do want to highlight a few more examples of things you must never do. Should you do any of these things, we reserve the right to cancel your subscription or worse, to claim damages from you. Our list of examples includes the following:
- Undermine the security or integrity of our computing systems or networks.
- Use our services in any way that might impair functionality or interfere with other people’s rights and use.
- Access any system without permission.
- Introduce or upload anything to our services that includes viruses or other malicious code.
- Share anything that may be offensive, violates any law, or infringes on the rights of others.
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
- Resell, lease or provide our services and products in any way not expressly permitted through our services.
- Repackage, resell, or sublicense any leads or data accessed through our services and products.
- Commit fraud or other illegal acts through our services and products.
- Act in a manner that is abusive or disrespectful to CVP and its employees, partners, or customers.
- Bring CVP in disrepute or negatively affect its reputation.
8. DURATION AND TERMINATION
- The agreement commences on the date CVP receives your acceptance of our formal quotation, in other words, your acceptance will be deemed to have been received when your acceptance message enters our information system and becomes capable of being retrieved by us.
- You can easily terminate your account with CVP with one calendar month’s written notice. We may terminate your account as well with the same notice. If you violate these terms and conditions, we may terminate your account immediately. For more information, including on how to terminate your account, contact us at any time. Just don’t be unsure of a matter so important to both Parties.
- Equally, while CVP wishes to build a long-term relationship with you, we may choose to terminate your account at any time by providing you with one month’s written notice in advance. Pending the outcome of a preliminary assessment as to the facts of the case, CVP may also suspend and reserve the right to terminate your account or access to all or any services and products immediately if:
- You breach any of these terms and conditions, and do not remedy the breach within 7 days after receiving notice of the breach.
- You breach any of these terms and conditions and the breach cannot be remedied.
- You fail to pay your account.
- You or your business become insolvent, your business goes into liquidation or has a liquidator appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
- No refund is due to you if you terminate your account or CVP terminates it in accordance with the terms and conditions in this clause 8.
- Once an account is terminated by you or us, we will hand over all your information within our systems to you within 10 working days.
9. LIABILITY AND INDEMNITY
- You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services and products or any third-party services or products (except as far as we’re at fault).
- We accept no liability for any loss or damage that may arise from the supply of our services or products to you. In the unlikely event of CVP being unable to supply the services or products as specified in the booking, liability shall be limited to the total invoice value – or monies already paid by you.
- Whilst every care is taken in the handling of the client’s cinematographic property or the cinematographic property of any third-party, CVP accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst the cinematographic property is in the custody of CVP. Liability for such loss or damage will be limited to the replacement cost of the cinematographic materials or media and in no circumstances will any liability attach to any claim for the value of the content.
- Our services and products and all third-party services and products, where relevant, are made available to you on an “as is” basis. Subject to Sections 48 and 49 of the South African Consumer Protection Act where this act applies, we disclaim all warranties, express or implied.
- Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms and conditions, in contract, misdemeanour (including negligence) or otherwise, is limited as follows:
- We shall not be liable for any damage, loss or liability of whatsoever nature arising from your use, or inability to use, this website or the services, products or content provided from and through this website.
- We have no liability arising from your use of our services and products for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- For loss or corruption of your personal information, our liability will be limited to taking reasonable steps to try and recover such data from our available backup systems.
- We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure in full and complete compliance with South Africa’s data privacy laws, and in accordance with your reasonable expectations that your privacy, your intellectual property and your information assets remain protected as best as is reasonably possible. While we’ve taken steps to help protect your information, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts or all of our services and products until we have verified the cause and associated details of such security breach and until we have sanitized and secured the environment again. It goes without saying that if any issues occur, CVP will always endeavour to limit and minimize services disruptions.
- CVP may introduce security features to make your account with us more secure, such as two-step authentication. Depending on where you are in the world or what services and products you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
- You must ensure that you keep your CVP account details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your CVP account details or any breach of security to your account or any secure information linked to your account, you need to let us know immediately.
11. JURISDICTIONS AND DISPUTE RESOLUTION MECHANISMS
- Most disputes can be resolved quickly and to all Parties’ satisfaction by contacting CVP through the stated channels we have shared with you. If we’re unable to informally resolve a dispute to all Parties’ satisfaction, or if we haven’t been able to resolve a dispute by mutual consultation within fourteen (14) working days or such extended period of time as the Parties may agree to in writing, then the Parties agree to resolve the dispute through alternative dispute resolution mechanisms. First in this sequence would be mediation, which should it fail will lead the Parties to arbitration or, if it must be, a small claims court instead of a Magistrate’s Court or a High Court. The cost for resolving disputes outside the courtroom shall be borne equally be the Parties. Should any dispute not be settled by means of alternative dispute resolution mechanisms, either Party may refer the dispute for settlement to a South African court with competent jurisdiction.
- You consents to the jurisdiction of the magistrate’s court in respect of any action or proceedings which may be brought against you; provided that CVP shall be entitled to bring proceedings in the High Court where such proceedings would, but for the aforegoing consent, fall outside the jurisdiction of the magistrate’s court.
- Should CVP ultimately have to institute legal action against you for any purpose arising out of this agreement, you shall be liable for legal cost on the scale as between attorney and own client, including but not limited to any tracing fees and collection commission.
12. IMPORTANT HOUSEKEEPING RULES
- CVP isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice or consultation. We provide you with information necessary and useful in running our services and products, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.
- We do our best to control the things we can control. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control. For those events impossible to avoid in spite of our reasonable, diligent, and faultless performance we will do our best to help you mitigate the negative impacts of such events.
- Any notice you send to CVP must be sent to Frikkie@capturevideos.co.za. Any notices we send to you will be sent to the email address you’ve provided us through your account.
- Generally, we fully comply with consumer protection laws as per Clause 7 above. In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights, you have that we cannot exclude, we’re bound only by the express promises made in these terms.
- As our duty is to comply with all statutory provisions, irrespective of the country or jurisdiction where we offer our services and products, we may block your access, terminate your account, or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your account, or a payment. Examples of where we might do this include transactions where the payment is from a person or country subject to sanction; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. We may take any of these actions without notice to you.
- Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other third-party. You’re solely responsible for resolving disputes between you and any other third-party. You also cannot assign or cede your rights and duties as an accountholder. CVP may assign these terms – or any of our rights or obligations in these terms – to another CVP entity as it deems appropriate.
- We sometimes will decide to change these terms and conditions of use, and our latest terms and conditions will always be on our website. It is your duty to take note of them. Changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services and products. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your account by giving the standard advance notice to CVP as per clause 6 above.
- If there’s any part of these terms and conditions that is not valid or legally enforceable, we’ll ignore that part but everything else will remain enforceable.