1. INTERPRETATION
    • “Capture Video Productions (Pty) Ltd”, hereafter referred to as “CVP”
      Vat number: 4230277701
      Company registration number: 2017/125659/07
  1. GENERAL
    • 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 the client fails to make timely payments of any amounts owing hereunder.
    • In the event of CVP instituting legal action against the client for any purpose arising out of this agreement, the client 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.
    • 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 the client’s 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 the client’s 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 the client and/or the Surety in any competent court and shall be valid as a liquid document for such purpose.
    • The clients consents to the jurisdiction of the magistrate’s court in respect of any action or proceedings which may be brought against the client; provided that CVP shall be entitled to bring proceedings in the High Court where such proceedings would, but for the a foregoing consent, fall outside the jurisdiction of the magistrate’s court.
    • 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 address reflected on the face of this agreement above.
    • 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
  1. DURATION
    • The agreement commences on the commencement date as indicated in the product suit under SERVICES.
    • The agreement continues indefinitely until terminated by either party by on not less that 1 Calendar month’s written notice to the other
  1. PAYMENT
    • The client must pay the following remuneration to CVP for the services
      • The monthly fee as set out under SERVICES
      • The Fees are payable irrespective of whether the Client makes use of or places orders for the Services in any month. No refund will be        issued if the Client does not make use of any of the Services each month.
    • CAPTURE may increase the Remuneration, or any portion thereof, from time to time, on not less than 30 days’ written notice to the Client, provided that, if the Client gives CAPTURE notice of termination in terms of clause 3 during that 30 day period, the increase will not apply during the notice period.
    • The Remuneration excludes value-added tax, which the Client must pay to CAPTURE at the applicable rate. The Client accepts receipt of electronic format tax invoices, credit, and debit notes, which will be transmitted via email.
    • At the beginning of each Calendar Month, CAPTURE must furnish the Client with an original VAT invoice, which sets out the Remuneration payable by the Client for Services rendered by CAPTURE during that Calendar Month.
    • The Client must make payment to CAPTURE in advance, by way of a monthly debit order, as provided for in SCHEDULE 1 .If CAPTURE waives this requirement in writing, the Client must pay by electronic bank transfer, to such bank account as CAPTURE may notify the Client from time to time.
    • All payments must be made free of exchange and without deduction, set-off or demand and the Client may not withhold payment of all or part of any amount due to CAPTURE for any reason.
    • If the Client fails to pay any amount due to CAPTURE by the due date defined in the debit order authorisation attached hereto, CAPTURE may, without prejudice to any of its rights in terms of the Agreement:
      • charge the Client interest on such amount at the prime overdraft rate offered by CAPTURE’s bankers from time to time.
      • withhold provision of the Services for so long as the Client fails to pay any such amount.
  1. VARIOUS TERMS
    • The Client understands that the personal information herein is to be used by CVP for the purposes of assessing his credit worthiness. The Advertiser confirms that the information given by him is accurate and complete. The Client further agrees to update the information supplied, as and when necessary, in order to ensure the accuracy of the above information, failing which CVP will not be liable for any inaccuracies.
    • The Client hereby gives CVP permission to obtain information, whether financially or relating to creditworthiness or otherwise, from the Client auditors, bankers or trade references and to obtain and furnish such information from and to any Credit Bureau or any like institution which will include permission to perform an ITC check on the Client.
    • The Client agrees that information given in confidence to CVP by a third party on the Client will not be disclosed to the Client.
    • The Client hereby consents to and authorizes CVP at all times to furnish personal and credit information concerning the Client’s dealings with CVP to a credit bureau and to any third party seeking a trade reference regarding the Client in his dealings with CVP.
    • The Client shall be precluded from raising any complains or disputing liability to CVP in any way unless it shall have notified CVP of its complaints or grounds of dispute in writing within 7 days of the cause of the complaint or dispute in question arising. Notwithstanding the timeous raising of a complaint or dispute of a complaint or dispute of liability of the Client, the Client shall under no circumstances be entitled to withhold payment in respect of the services rendered or tendered, as the case may be, pending the resolution of such dispute or complaint. Subject to the forgoing CVP shall, in its own discretion, be entitled to ether remedy any failure by adjusting or extending the services in question.
  1. SURETY AND CO-PRINCIPAL DEBTOR
    • In the event of the Client being a company, close corporation or trust, the following documents shall be completed simultaneously with this agreement and appended hereto:
      • CVP’s standard suretyship agreement, incorporating a cession of loan accounts, to be completed in substance and form to the satisfaction of CVP by (i) in the event of a company, each and every director and shareholder thereof; (ii) in the event of a close corporation, each and every member thereof; and (iii) in the event of a trust, each and every trustee thereof;
      • a special resolution authorising the designated signatory to enter into this Agreement.
    • The signatory, by virtue of signature hereto, bind himself in his private capacity as surety and co-principle debtor for the fulfillment of all the terms and conditions of this agreement, and waives all benefits arising from the relevant legal exceptions, the force and effect of which the signatory declares himself / herself to be fully acquainted with.
    • Above suretyship is a continuing suretyship and shall remain in full force and effect notwithstanding any fluctuation in, or temporary extinction of the Client’s indebtedness to CVP. It may not be withdrawn, revoked or cancelled by the Surety without CVP’s prior written consent.
  1. PROCESS
    • Upon acceptance of the quote, CVP will liaise with the client to set up an agreed schedule for video(s):
    • Changes and amendments to your video(s):
      • We will provide you with a draft, of your video(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 video editing, coloring, animation, and design work) includes but is limited to 1 round of changes, thereafter additional rates will apply.
  1. CLIENT RESPONSIBILITIES
    • The client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that are required to be recorded on video for the client.
    • The client must ensure that all necessary preparation has been undertaken:
      • A clear, accurate outline of requirements has been provided
      • Ensuring that properties are in an acceptable state and presentable for video (refer to our specification document)
      • Interview answers and or narration have been prepared
      • Videographer must be informed as to any potential problems a minimum of 3 working days in advance of scheduled video time. This includes, but not limited to: alternative locations, change of date or time, etc.
    • The client will have unlimited rights of use to their video content.
    • Client’s video content can be stored on our YouTube account or the file(s) can be handed over to the client. CVP cannot be held liable if footage files are lost, damaged or stolen after the video is complete.
    • Cancellations:
      • Cancellations during the production stage of your project will result in the client being liable for 75% of the total project charge.
      • Cancellations during the post-production stage of your project will result in the client being liable for 100% of the total project charge.
  1. CVP
    • Liability:
      • CVP accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of CVP being unable to supply the product(s) or service(s) as specified in the booking, liability shall be limited to the total invoice value – or monies already paid by the client.
      • Whilst every care is taken in the handling of the Customer’s property, CVP accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of CVP. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
    • Use of material:
      • Unless otherwise stated, CVP retains the right to use any material produced in our own marketing material.
    • Our right to cancel
      • 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
  1. Confidentiality
    • Unless otherwise agreed CVP will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by CVP to supply of the product(s) or service(s).
  1. Refunds
    • No refunds will be issued once production has started on a project.