Terms of Service

Definitions
1.1. “Company” refers to XTC Limited and anyone working with XTC Limited directly as a service provider, contractor, or employee. The term “Company” also includes any future name changes, rebranding efforts, partnerships, or affiliations that may occur, as well as any associated entities, partners, or service providers that may be involved in delivering the services described in this agreement.
1.2. “The Client” refers to any individual or business using our products or services.
1.3. For the purposes of this agreement, anything related to “video, videography, video production services, photography, or photograph,” or anything related to any work produced with a camera, refers to any services related to the production of video content and photography using a camera, and any photos and videos taken during the shoot will be considered part of the deliverables. The videographer will also be considered a photographer for the purpose of taking photographs during the shoot.

Agreement
2.1. All creative services are provided in accordance with the terms of service outlined here.

Quotations and Payment Terms
3.1. Quotations are valid for 7 days, subject to change without notice. All prices exclude GST, unless otherwise stated.
3.2. Upon acceptance of a quote, a 100% payment is required before work commences, unless a payment plan or alternative agreement has been made. If a payment plan is agreed upon, the Client must adhere to the agreed payment schedule.
3.3. Payment can be made via cash, bitcoin, monero, major credit cards, or bank transfer.
3.4. If the Client is late to the shoot, the agreed-upon start and end times will remain in effect. Any additional time required due to the Client’s lateness will be subject to extra charges.
3.5. If the project’s scope changes during the shoot, the Company will notify the Client of any additional costs associated with the change. If the change occurs during the shoot, this communication may be verbal. The Client must pay for any additional costs incurred due to changes in project scope within 24 hours.
3.6. All payments and fees specified in this agreement are in NZD, and the Client is responsible for any currency conversion costs.
3.7. In case of late payment, a late fee of 5% per month may be applied. The Company reserves the right to suspend or terminate services for non-payment.
3.8. No refunds will be offered under any circumstances.
3.9. If the Client misses payments on the automatic payment plan four times, the Company may cancel the shoot, and no refunds will be given.
3.10. The Client must continue making payments on the agreed payment plan until the Company receives the full payment, as required by law. Failure to do so may result in legal action.
3.11. In the event that the Client fails to make four payments on the automatic payment plan, even if the payment goes through on a subsequent attempt, they will have the option to pay off the remaining balance for the shoot in full within 3 business days to secure their booking. If the Client pays the remaining balance within this time frame, the Company will continue with the shoot as planned, and the booking will remain secured. However, if the Client fails to pay the remaining balance within the specified time, the shoot will be canceled, and no refunds will be provided. Please note that a missed payment includes any failed attempt, whether the payment goes through on a subsequent attempt or not.
3.12. Before making any payment, the Client must confirm with the Company that the date(s) previously discussed for the shoot are still available. The Company reserves the right to accept other bookings if the Client has not secured the date(s) through payment or a signed agreement.
3.13. Please be aware that if any payments are missed, the Company will continue to attempt charging the client’s payment method for the outstanding amount(s) periodically. This includes not only the missed payments but also any new payments that become due according to the agreed payment plan. The Company will persist in trying to charge the client’s payment method for all outstanding amounts until the entire balance has been successfully paid. It is the client’s responsibility to ensure that sufficient funds are available on their payment method to cover all scheduled payments. In case of multiple unsuccessful payment attempts, the client may experience multiple charges when the payment method finally has enough funds to cover the outstanding amounts. This process is in place to ensure that both the Company and the Client adhere to the agreed payment schedule and to help maintain the financial obligations set forth in this agreement. We highly recommend clients to closely monitor their payment methods and notify the Company of any issues or changes to prevent unexpected charges.

Cancellation and Refund Policy
4.1. Cancellations within 72 hours of the booking date will incur a $500.00 fee if the full amount has not been paid.
4.2. Once the full amount has been paid, no refunds can be offered under any circumstances.
4.3. In the event the Client is on a payment plan and cancels the shoot, no payments made will be refunded, and the Client remains obligated to complete all future payments as agreed upon, even if the event or shoot is canceled.
4.4. The Client is responsible for all additional charges related to cancellation, which may include actor’s fees, crew time, equipment hire, venue hire, and work already undertaken by the Company.
4.5. In the event of a force majeure event, which includes but is not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor strikes, or governmental actions, neither party shall be held liable for any failure or delay in the performance of its obligations under this agreement due to events beyond its reasonable control. The affected party shall promptly notify the other party, and both parties shall make good faith efforts to negotiate a mutually acceptable resolution, including the possibility of rescheduling or adjusting cancellation fees. However, no refunds can be made under any circumstances in the event of force majeure.

Additional Costs and Travel
5.1. Travel, parking, administration time, and general disbursements may be estimated and listed as separate line items in all quotations.
5.2. Additional charges may apply depending on circumstances, with Client(s) advised prior to contract variations.
5.3. Any specific or advanced retouching requests, such as removing pimples, double chins, background alterations, or making other detailed adjustments, will be charged on a per-photo/per second of video basis. The cost for such requests will be quoted separately, based on the extent of work required. The Client must communicate any advanced retouching needs in advance, and additional charges will be agreed upon before the commencement of the requested services. Please note that turnaround times for advanced retouching services may vary depending on the complexity and volume of the requested edits, and the Client should allow for a reasonable time frame for the completion of such services.

Substitution 
6.1. In case of serious personal injury or emergency circumstances, a substitute creator may be provided.
6.2. In the case where a substitute creator cannot be provided due to serious personal injury or emergency circumstances, or if the Client declines the substitute, the Company’s liability shall be limited to offering a reshoot, if feasible, at no additional cost to the Client, subject to availability and scheduling. No refunds will be provided under any circumstances, in accordance with Section 4.2 of these terms of service.
6.3. Clients must inform the Company of any changes to times, dates, or plans that may impact the agreement.
6.4. The Company will adhere to facility rules and staff directions, and is not responsible for the absence of specific shots due to such restrictions.
6.5. The Company is not responsible for not being able to fly a drone in the area if it is illegal or if the weather does not permit.

Turnaround Time and Quality Control
7.1. Turnaround times vary depending on the product or service and are quoted in working business days, excluding weekends and holidays.
7.2. Any dissatisfaction with the final deliverables must be reported to the Company within 7 days of receipt.
7.3. The Company does not provide previews, sneak peeks, or partial deliveries of the work in progress. Clients will receive the final work upon completion of the entire project, as per the agreed-upon delivery schedule.
7.4. In special circumstances, if the Client insists on having a sneak peek of the work in progress, this can be accommodated at an additional cost of $500 or more, depending on the length of the film. This additional service must be requested and agreed upon in writing, and the associated fee must be paid in advance.

Intellectual Property and Copyright
8.1. Preparatory materials, videos recorded, and photos captured by the Company remain the exclusive property of the Company.
8.2. The Company is not responsible for copyright infringements resulting from materials provided by the Client and may refuse jobs that violate any laws.

On-Location Photo or Video Disclosure
9.1. The Company is not responsible for any restrictions placed by the location, such as lighting, movement, or camera placement. The Company’s creator or crew will attempt to compensate for any difficulties.
9.2. The Company reserves the right to include appropriate credits in the video, and the original raw footage remains the property of the Company.
9.3. If the customer wishes to purchase RAW footage or photos, the cost is $1,200.

Weather Conditions
10.1. Shoots cannot be rescheduled due to cloudy weather. If weather conditions make it impossible to complete the shoot, the Company and the Client will discuss rescheduling options.

Revisions and Project Completion
11.1: The Client has 7 days to inform the Company of any desired revisions after receiving the photos or video assets via email. The 7-day period commences upon the Client’s receipt of the email containing the photo or video assets. The Client must communicate their desired revisions to the Company through email within this time frame. The Company is not responsible for the email being directed to the spam folder or not being received by the Client if the email has been successfully sent.
11.2: The Company is not obligated to contact the Client through other means to remind them of the deadline or inquire about their readiness for the delivery. In the event that the Client does not respond to the Company within the 7-day period, the project will be considered as automatically delivered and completed.
11.3. The Client must provide any additional assets, such as footage, photos, music, or other materials, to the Company within 3 days after the shoot. If the Client fails to provide the required assets within this time frame, the Company will proceed with the editing process without incorporating the missing assets. This ensures that the project remains on schedule and does not cause unnecessary delays for both the Client and the Company.

Equipment Malfunction and Loss of Footage or Photos
12.1. The Company takes all reasonable measures to ensure the proper functioning of equipment and the safe storage of footage or photos. However, in the event of equipment malfunction, data loss, or other technical issues resulting in the loss or damage of footage or photos, the Company’s liability shall be limited to either:
a) A partial refund proportional to the affected portion of the project, or
b) A reshoot, if feasible, at no additional cost to the Client, subject to availability and scheduling.
12.2. The Company shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from equipment malfunction, loss of footage, or other technical issues.

Indemnification
13.1. The Client agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, and employees from any claim, suit, action, or loss arising from or related to the Client’s use of the Company’s services or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and legal fees.

Governing Law and Jurisdiction
14.1. These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with the services provided by the Company shall be subject to the exclusive jurisdiction of the courts of New Zealand.
14.2. In the event that a dispute arising out of or in connection with the services provided by the Company cannot be resolved through negotiation, mediation, or arbitration, such dispute shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Liability Limitation
15.1. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of the Company’s services.
15.2. Limitations on Liability for Third-Party Services: the Company is not liable for any issues arising from the performance or non-performance of third-party services or vendors that are hired directly by the Client. This includes, but is not limited to, third-party actors, makeup artists, location providers, or any other external vendors not under the direct control of the Company. The Client acknowledges that while the Company will collaborate with these third-party entities to the best of its ability, any shortcomings, delays, or damages caused by these third parties are outside of the Company’s scope of responsibility and liability.

Confidentiality
16.1. Both parties agree to keep all information and materials provided by the other party confidential, except as required by law, or as necessary to perform their obligations under this agreement. This confidentiality obligation shall survive the termination of this agreement.

Non-Exclusivity
17.1. This agreement does not grant the Client exclusive rights to the Company’ services. The Company is free to provide its services to other clients during the term of this agreement.

Changes in Project Scope
18.1. To prevent confusion and potential disputes, any changes to the project scope must be discussed and agreed upon in writing by both parties. This includes changes to the project timeline, deliverables, or any other aspect that may affect the project’s outcome or cost.
18.2. The Company will provide the Client with a written confirmation of the agreed-upon changes and any associated costs. The Client must sign and return the confirmation before the changes are implemented.

Limitation of Liability
19.1. The Company’s liability for any claim arising from this agreement or the provision of services shall be limited to the amount paid by the Client. The Client expressly releases the Company, its affiliates, officers, agents, and employees from any liability for claims, demands, or damages arising out of or in connection with the use of the final deliverables, even if caused by the negligence of the Company or its affiliates, officers, agents, or employees.

Dispute Resolution
20.1. In the event of a dispute between the Client and the Company, both parties agree to first attempt to resolve the dispute through good faith negotiation, mediation, or arbitration before resorting to litigation.

Client Responsibilities
21.1. The Client is responsible for providing accurate information, timely feedback, necessary materials, and obtaining any required permissions or licenses to facilitate the project’s completion.

Third-Party Materials and Releases
22.1. The Client is responsible for obtaining and paying for any necessary licenses or permissions for the use of third-party materials, such as music or stock footage, in the project.
22.2. The Client is responsible for obtaining any necessary releases or consents from individuals appearing in the footage.

Termination
23.1. Either party may terminate this agreement under the following conditions:
a) Material breach by the other party, which is not cured within 14 days after written notice.
b) Insolvency or bankruptcy of either party.
23.2. Upon termination, the Client shall be responsible for any outstanding payments, and the Company shall return or destroy any materials provided by the Client.

Usage rights and Final Deliverables
24.1. Unlimited usage rights of the final deliverables will be given to the Client upon full payment of all outstanding fees.

Non-Solicitation
25.1. The Client agrees not to directly hire or solicit the Company’s employees or subcontractors during the term of this agreement and for a period of six months after the completion of the project.

Warranties and Representations
26.1. The Company warrants that its services will be performed in a professional and workmanlike manner, in accordance with industry standards, and in compliance with all applicable laws and regulations. The Company does not warrant that the final deliverables will be error-free or without any defects.

Client-Provided Content
27.1. The Client represents and warrants that they have the necessary permissions, rights, and authority to use any content they provide to the Company for the project. The Client further agrees to indemnify, defend, and hold harmless the Company from any claim, suit, action, or loss arising from the use of such content.

Usage Rights
28.1. Upon full payment of all outstanding fees, the Company hereby grants the Client an unlimited, worldwide, and perpetual license to use, reproduce, modify, adapt, distribute, sublicense, sell, and display the final deliverables across all channels and media, for any purpose, without any additional fees, royalties, or further permission from the Company. Notwithstanding, the Company retains the right to use the final deliverables or parts thereof for promotional purposes, as outlined in Clause 29.1.
28.2. Any additional usage rights not explicitly mentioned in this agreement must be negotiated separately and may incur additional fees.

Promotional Use
29.1. The Company reserves the right to use the final deliverables or parts thereof for promotional purposes, including but not limited to showcasing them in a portfolio, on social media, or other marketing materials.

Non-Exclusive Rights
30.1. Upon full payment of all outstanding fees, the Company grants the Client a non-exclusive, worldwide, and perpetual license to use, reproduce, modify, adapt, distribute, sublicense, sell, and display the final deliverables, including all images and footage captured during the photoshoot, across all channels and media, for any purpose, without any additional fees, royalties, or further permission from the Company.
30.2. The Company retains the right to use, share, sell, and distribute the final deliverables or parts thereof, including but not limited to submitting them to magazines or other media outlets, for any purpose, and without any compensation to or permission from the Client.

Project Abandonment
31.1. If the Client becomes unresponsive or fails to provide necessary information, materials, or feedback for a period of 7 days, the project may be considered abandoned. In the event of project abandonment, all deposits and payments made by the Client shall be non-refundable, and the Company reserves the right to terminate the agreement.
31.2. Extended Non-Responsiveness: In cases where the Client remains unresponsive for a period exceeding 7 days after the initial non-responsiveness, this will be deemed as a definitive project abandonment. Following such non-responsiveness, the Company reserves the right to cease all work on the project immediately. Any deposits or payments made by the Client up to this point will be forfeited and will not be refundable. This measure is necessary to mitigate project delays and resource allocation inefficiencies. Clients are strongly advised to maintain timely communication to avoid project abandonment under these terms.

Confidentiality
32.1. Both parties agree to keep all information and materials provided by the other party confidential, except as required by law or as necessary to perform their obligations under this agreement. This confidentiality obligation shall survive the termination of this agreement.

Warranty and Limitation of Liability
33.1. The Company does not warrant that the final deliverables will be error-free or without any defects. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of the final deliverables.

Model Release:
34.1. The Client is responsible for obtaining any necessary model releases and consent from individuals appearing in the content captured during the shoot or event. The Client is also responsible for ensuring that all individuals present at the shoot or event have provided their consent to be captured. The Company assumes that all individuals present have granted their permission and signed any necessary model releases. The Company shall not be held liable for any claims or disputes arising from the Client’s failure to obtain proper consent or model releases for individuals present during the shoot or event. The Company retains the right to use all images and videos containing any individuals present at the event for promotional purposes, as outlined in Clause 29.1.

Insurance:
35.1. The Client is responsible for obtaining any necessary insurance for the shoot, including but not limited to liability, weather, property, or equipment insurance. the Company will not be held liable for any damages, injuries, or losses that occur during the shoot.

Client Responsibilities
36.1. The Client is responsible for sourcing and organising their own locations, models, actors, makeup artists, and any other necessary resources or services unrelated to the video production itself for the shoot, unless otherwise agreed upon in writing between the Client and the Company. This includes, but is not limited to:

• Securing any necessary permits or permissions for the use of locations and ensuring that these locations are safe and accessible during the shoot.
• Coordinating schedules and providing clear communication with all individuals involved in the shoot, such as models, actors, and makeup artists.
• Providing any necessary wardrobe, props, or equipment required for the shoot, unless specifically included in the video production package or agreed upon in writing with the Company.
• Ensuring that all individuals involved in the shoot have a clear understanding of their roles and responsibilities during the shoot.

36.2. By engaging the services of the Company, the Client acknowledges and accepts these responsibilities and understands that any failure to fulfil them may result in delays, additional costs, or the inability to complete the video production project as planned.
36.3. The Company’s role is limited to providing professional video production services and any agreed-upon post-production work. Any additional services or resources required for the shoot must be discussed and agreed upon in writing before the shoot takes place.
36.4. Late or Incomplete Materials from Client: If the Client is responsible for providing any materials (such as specific footage, logos, etc.) and fails to provide them in a timely manner, this may result in delays in the project’s completion. Additionally, if the delay caused by the late or incomplete submission of materials requires additional work from the Company, the Client may be subject to additional fees to accommodate the extra time and resources required to complete the project. The Client must ensure that all materials are provided as per the agreed-upon timelines to avoid such delays and additional costs.

File Retention and Responsibility
37.1. The client will have 14 days to download their files after they have been sent to them. 
37.2. Once the files have been deemed as delivered, the Company will delete the files from their storage systems. The Client is responsible for keeping copies of their files and backing them up, as the Company is not responsible for retaining copies after the delivery has been made.

Indemnification for Third-Party Claims
38.1. The Client agrees to indemnify, defend, and hold harmless the Company from any third-party claims arising from the Client’s use of the final deliverables or their failure to obtain necessary permissions or licenses for third-party content.
38.2. The Client agrees to indemnify, defend, and hold harmless the Company from any third-party claims arising from the Client’s breach of this agreement or any applicable laws, regulations, or guidelines.

Mood Board/Reference Content/Storyboard Disclaimer:
39.1. If the Client provides the Company with a mood board, reference content, or storyboard, or if the Company creates a mood board, reference content, or storyboard for the Client, it is understood that these materials serve as inspiration and guidance only. The final deliverables may not be identical to the provided or created materials and may, in some cases, not be replicated at all. The Client acknowledges that the final outcome is subject to artistic interpretation and creative direction by the Company.

Reasonable Breaks and Coverage Expectations for the Creative Professional(s):
40.1. The Client acknowledges that the creative professional(s) from the Company, responsible for capturing photos or videos, may not be working continuously throughout the entire shoot. The creative professional(s) will take reasonable breaks as needed to maintain their health, safety, and performance. These breaks may include, but are not limited to, meal breaks, refreshments, rest periods, and equipment maintenance or setup. The Client agrees that these breaks are essential to ensure the quality of the final deliverables and will not hold the Company responsible for any perceived loss of coverage during these periods.
40.2. The Client further acknowledges that it is not necessary for the creative professional(s) to be capturing photos or videos continuously throughout the entire shoot, wedding, or event, even if the Client believes it to be important. The Company will use its professional judgment and experience to determine the most appropriate moments and subjects to capture. The Client agrees to trust the expertise of the Company and will not hold them responsible for any perceived lack of coverage during the shoot.
40.3. The Client acknowledges that the creative professional(s), as part of their professional approach, may engage in networking and connecting with participants during the shoot, as appropriate. This interaction can contribute to a better understanding of the project’s requirements, foster collaboration, and enhance the overall quality of the final deliverables. The Client understands that such interactions may facilitate better photos and videos, smoother coordination, and more personalised coverage of the shoot. The Company will ensure that the creative professional(s) maintain a balance between professional responsibilities and participant interaction, prioritising the overall quality of the final deliverables. The Client agrees to support the creative professional(s) in their efforts to foster a positive relationship with the participants and will not hold the Company responsible for any perceived lapse in coverage during these interactions.

Revision Policy:
41.1. Each project undertaken by the Company includes one (1) free revision request, allowing for minor adjustments and modifications as per the Client’s feedback.
41.2. Any additional revisions beyond the first free revision will be subject to additional charges. These charges will be quoted by the Company at the time of the request based on the nature and extent of the revisions required.
41.3. The Company reserves the right to limit the number of revisions or decline further revisions after the first paid revision, especially in cases where the revision requests significantly deviate from the original project scope or objectives.
41.4. All revision requests must be communicated to the Company in writing within the 7-day review period following the delivery of the initial project assets as outlined in the “Revisions and Project Completion” section. Late revision requests will not be accommodated.

Emergency Situations Clause:
42.1. In the event of an emergency situation that prevents the Company (the Company) from fulfilling its obligations, including but not limited to illness, COVID-19, equipment failure, or other unforeseen circumstances, the following protocol will be enacted:
42.2. Immediate Notification: The Company will notify the Client at the earliest possible opportunity of the emergency situation and its impact on the scheduled shoot.
42.3. Backup Plan: The Company will endeavour to provide a suitable replacement videographer to conduct the shoot. This replacement will be a professional with comparable skill and style to the Company, ensuring continuity of service quality.
42.4. Rescheduling Option: If a suitable replacement cannot be arranged, the Company will offer the Client the option to reschedule the shoot to a mutually agreeable date, subject to the Company’s availability.
42.5. Refund Policy: In the rare event that neither a replacement can be arranged nor rescheduling is possible, the Company will provide a full refund of any deposits or payments made for the specific shoot affected by the emergency situation.
42.6. Liability Limitation: The Company’s liability in the event of an emergency situation will be limited to the refund of deposits or payments made. The Company shall not be liable for any further damages or costs incurred by the Client due to the cancellation or rescheduling of the shoot.
42.7. Client Cooperation: The Client agrees to cooperate fully with the Company in such emergency situations and acknowledges that some adjustments or compromises may be necessary.

Communication Policy:
43.1. Written Communication for Clarity: To ensure clarity and avoid misunderstandings, all official communications regarding the project, including discussions about project specifics, revisions, and feedback, must be conducted in writing (via email or other documented forms of communication). This policy is in place to maintain a clear record of all communications and agreements.
43.2. Avoidance of Phone Discussions: Discussions will not occur over the phone to prevent misunderstandings that are difficult to resolve later. People recall things differently, and in the subtle industry of videography and photography, a single misunderstanding can lead to significant differences in project timelines, such as one day versus one month of editing. Written communication provides a verifiable record that helps both the Company and the Client recall and refer to the specifics of the project accurately, ensuring mutual understanding and agreement.

Post-Delivery Support and Assistance:
44.1. Scope of Post-Delivery Support: Upon completion and delivery of the project, the Company will provide basic support to the Client, which includes answering general queries regarding the final deliverables and providing file format conversions if necessary. This support is limited to simple clarifications and adjustments that do not involve extensive work or additional resource allocation.
44.2. Limitations on Support: the Company does not provide technical assistance in downloading the delivered files or offer IT support related to the use and management of these files. Clients are responsible for ensuring they have the necessary technical capability to download and handle the delivered content.
44.3. Charges for Extended Support: If the Client requests additional support beyond the scope of basic post-delivery assistance, such as technical help with downloading files, IT support, or any form of extensive guidance, the Company will provide this support at a rate of $265 per hour, with a minimum charge of one hour. This rate applies even if the actual time taken to resolve the issue is less than one hour.
44.4. Requesting Additional Support: Clients who require such additional support must formally request it, acknowledging the applicable charges. The Company will provide an estimate of the time required for the requested support, and the Client will be invoiced accordingly.

Delivery and Storage of Digital Content:
45.1. Digital Delivery: All final deliverables from the Company will be provided exclusively in digital format. No physical or hard copies of any photos, videos, or other materials will be provided.
45.2. Client’s Responsibility for Storage: The client is responsible for ensuring they have adequate storage capacity to download the delivered digital content. Depending on the project’s scope, the size of the digital files can range from hundreds to thousands of gigabytes. It is the client’s responsibility to prepare and manage sufficient storage solutions for these files.
45.3. Delivery Method: the Company will deliver the digital content via an online platform or digital transfer method. The client will be notified of the delivery method and provided with instructions for downloading the content.
45.4. No Liability for Data Loss: the Company is not responsible for any data loss or inability to access the content due to issues related to the client’s storage capacity or technical limitations. It is the client’s responsibility to ensure proper backup and data management practices are in place.
45.5. Post-Delivery File Management: Once the Company has delivered the digital files to the client, the client has a period of 14 days to securely transfer these files to their own hard storage or cloud storage. After this 14-day period, the Company’s responsibility for the files ceases.
45.6. No Liability for Post-Delivery Loss or Damage: the Company is not responsible for any loss, damage, or inability to access the files after they have been delivered to the client. This includes, but is not limited to, loss or damage due to cloud storage issues, technical failures, or any errors made by the client in transferring or storing the files.
45.7. Secure Storage Recommendation: Clients are strongly recommended to ensure that they have appropriate and reliable storage solutions in place and to conduct the transfer and backup of the delivered files diligently and within the specified 14-day period. The Company is not liable for any client errors, technical mishaps, or storage failures that occur after the delivery of digital content.

Kill Fee:
46.1. Applicability of Kill Fee: If a project is canceled by the client after the Company has begun work, a kill fee will be charged. This compensates for the work completed up to the cancellation point and the opportunity cost of having declined other projects.
46.2. Amount of Kill Fee: The kill fee will be equivalent to 90% of the total project cost, as outlined in the original agreement or quotation. This fee is due regardless of the project stage at the time of cancellation.
46.3. Payment Terms: The kill fee must be paid within 14 days of the client’s cancellation notification. Late payment may incur additional fees as detailed in the “Quotations and Payment Terms” section.
46.4. Non-Refundable: The kill fee is non-refundable and is in addition to any other fees or costs already incurred by the client.
46.5. Cancellation Notification: Clients must provide written notification to the Company to cancel a project. The kill fee applies from the date the Company receives this notice.

Testimonial and Case Study Use:
47.1. The Company reserves the right to use any work created for the Client, including but not limited to videos, photographs, and other media, as part of its case studies and testimonials. This includes the use of such material in promotional materials, presentations, and marketing campaigns.
47.2. The Client agrees that the Company may use their name, business name, project details, and project outcomes in these case studies and testimonials, respecting confidentiality agreements and nondisclosure of sensitive information as agreed upon in writing.
47.3. The Client will not be provided with an opportunity to review and approve any case study or testimonial content that specifically references their project or includes direct quotes or endorsements from the Client, prior to its publication or use.

Portfolio Use:
48.1. the Company intends to use the work created in its portfolio without any approval from The Client after the work has been completed. This includes displaying finished projects, excerpts, or behind-the-scenes content on the Company’s website, social media channels, and other promotional materials.
48.2. The Client hereby grants the Company a non-exclusive, worldwide, perpetual license to use any and all work produced during the project for the purpose of promoting the Company’ services. This includes the right to display, reproduce, and share the work as part of the Company’ portfolio.
48.3. Portfolio Exclusion Fee: Should the Client request that specific materials be excluded from use in the Company’ portfolio, a Portfolio Exclusion Fee will be applicable. This fee is set at 200% of the total cost of the shoot. The Client must agree to this in writing and make the payment of the Portfolio Exclusion Fee in full before the commencement of the project. Upon payment of this fee, the Company agrees to refrain from using the specified materials in its future portfolio. However, it is important to note that any materials that are already in use in the Company’ paid marketing campaigns at the time of the request will remain in use. This fee compensates for the loss of potential marketing and business development opportunities that arise from showcasing work in our portfolio.
48.4. The Company has the unrestricted right to feature all completed work in its portfolio, both in physical and digital forms, indefinitely. By engaging in a collaboration with the Company, clients automatically grant approval for us to showcase their projects on our website, social media platforms, and any promotional materials without the need for additional consent. This policy ensures that clients are aware of our intent to showcase their work and eliminates delays caused by approval processes.

Pre-Booking and Post-Booking Consultation Policy:
49.1. Scope of Included Services: The services provided by the Company, as outlined in this agreement, are focused on the actual shooting, production, and post-production phases. Consultations or meetings at any stage, including both pre-booking and post-booking phases, are not included.
49.2. Optional Consultation Services: Should the Client request a consultation or meeting at any time, whether before confirming a booking or after making a booking and payment, such interactions will be considered additional services. This includes discussions, planning sessions, or any other preparatory interactions related to the services offered by the Company.
49.3. Consultation Fees: All consultations, regardless of their timing in relation to the booking, will incur a fee. These consultations are available at a rate quoted at the time, with a minimum billing period of one hour. This fee is for the time and expertise of the professional(s) involved.
49.4. Scheduling and Payment: Clients wishing to schedule a consultation must do so in advance and agree to the consultation fee. Payment for the consultation must be made prior to the scheduled meeting, even if the project has been booked and paid for.
49.5. No Obligation to Proceed: Engaging in a consultation does not obligate the Client to proceed with a booking (if not already done) nor alter the terms of an existing booking. It is a separate service from the production and post-production services offered by the Company.
49.6. Application to All Services: This policy applies to all potential and confirmed projects and services offered by the Company.

No Guarantee of Sales:
50.1. The Company makes no guarantees regarding the performance or success of the ads created for The Client. The Client acknowledges that the effectiveness of advertising campaigns is influenced by various factors beyond the control of the Company.
50.2. The Company does not promise or assure any specific outcomes, sales increases, or return on investment as a result of its services.
50.3. The Client agrees that the Company is not responsible for any financial losses or other damages resulting from the use of its advertising services.

Advertising Spend Responsibility:
51.1. The Client acknowledges that the cost of advertising spend is not included in the Company’s service packages and constitutes an additional expense. The Client is responsible for determining and managing their own advertising budget.
51.2. The Client must use their own payment method on the advertising account, which will be billed directly by the marketing platform and not by the Company.
51.3. The Company is not liable for any disputes, charges, or billing issues that may arise between the Client and the marketing platform used for advertising.

Additional Advertising Conditions:
52.1. The Client agrees to adhere to the terms and conditions set forth by the marketing platform used for advertising. The Company is not responsible for any violations of these terms by the Client.
52.2. The Client is responsible for regularly monitoring and reviewing the performance of their advertising campaigns and making any necessary adjustments to their advertising strategy.
52.3. The Company recommends that the Client allocates a contingency budget for unexpected costs or fluctuations in advertising spend.
52.4. The Company shall not be held liable for any interruptions, suspensions, or termination of advertising services by the marketing platform due to policy violations, technical issues, or other factors beyond the Company’s control.

Social Media Terms
53.1. Social Media Engagement:
These terms outline the expectations for using our social media channels. By accessing our pages, you agree to abide by the terms of each social media service and our specific channel, which may change without notice.
53.2. Information Sharing:
We use social media to share updates on our products, services, and activities, including product information, best practices, news, publications, and feedback opportunities. We may also post updates and articles relevant to our objectives and promotions.
53.3. Third-Party Content:
We may follow or engage with organisations and individuals relevant to our goals. This does not imply endorsement or verify the accuracy of their information. Posts by others on our channels reflect their views, not necessarily ours.
53.4. Engagement Policies:
We do not provide customer service through social media. Specific queries should be directed through other channels. While we welcome feedback, we cannot guarantee individual responses to every post.
53.5. External Mentions:
We may mention or share information from other entities for the benefit of our followers. However, this does not constitute an endorsement or ensure the accuracy of the information provided.
53.6. Staff Participation:
Our employees may engage in online forums on our behalf. Their opinions are their own and may not represent our official stance. Official representatives will identify themselves and clarify their role when participating.
53.7. Monitoring and Content Management:
We reserve the right to remove posts or comments that violate the terms of the respective social media platforms, including those that are irrelevant, offensive, or breach privacy guidelines. We may also report, block, or ban users who violate these terms.
53.8. Service Continuity:
We do not guarantee continuous service on our social media channels. We reserve the right to suspend, terminate, or modify access to our services without prior notice.

Website Design and Hosting Terms
54.1. Design from Scratch: All website projects undertaken by the Company are built from the ground up. We do not work on existing sites or use templates provided by the client. Each design is custom and tailored to the client’s specific needs.
54.2. Full Control of Hosting: The Company retains full control over the hosting environment to ensure optimal performance, security, and compatibility with our design practices. The client may choose to hold the domain name themselves or allow the Company to manage it on their behalf.
54.3. Domain Management and Responsibility: Clients who opt to manage their domain must ensure timely payment of domain renewal fees. Failure to do so may result in the loss of the domain, for which the Company holds no responsibility. If the Company manages the domain, we guarantee its renewal as long as the client maintains their yearly payments for the domain, which are separate from our service. This fee generally goes up every year.
54.4. Domain Transfer: At any time, including after the conclusion of our agreement, the client can request the transfer of the domain to their own management, provided it has not expired. The Company will facilitate the transfer process upon receiving such a request.
54.5. Restriction on Client Edits: Clients are not permitted to make direct edits to the website unless a specific agreement is in place that grants them this access. Unauthorised edits may compromise the site’s functionality and design, for which the Company cannot be held responsible.
54.6. Exclusive Use of WordPress, Elementor and Approved Plugins: The Company exclusively uses Elementor for website design. We only work with plugins that we are familiar with to ensure the site’s integrity and performance. We do not work with external or unfamiliar plugins due to potential complications.
54.7. 100% Design Control: The Company maintains complete control over the design and functionality of the website. This ensures that the final product meets our standards of quality and is fully functional. Clients entrust us with the creative process, from concept to completion.
54.8. No Third-Party Interference: The Company does not allow third-party designers, developers, or agencies to interfere with the design or development process. This is to maintain consistency, quality, and security throughout the project.
54.9. Ongoing Maintenance and Support: The Company offers ongoing website maintenance and support services. These are billed separately and are essential for ensuring that the site remains secure, up-to-date, and functional. Clients who choose not to engage in ongoing maintenance must acknowledge the risks involved, and the Company is not responsible for any issues arising from lack of maintenance.
54.10. Renewal of Services: All services, including hosting, domain management, and maintenance, are subject to renewal as agreed upon. Clients must not have failed payments to avoid disruptions in service. Failure to renew may result in the suspension of services and possible loss of the domain or website access.
54.11. Termination of Services: Either party may terminate the agreement at any time, with a 30-day written notice via e-mail.
54.12. Subscription Cancellation: If the client cancels their subscription, as referenced on our website, the website will cease to exist immediately upon the subscription ending. The Company will not retain any backups or files once the subscription is terminated.
54.13. Website Retention Option: If the client wishes to retain ownership of their website after canceling their subscription, they must request this in writing before the cancellation takes effect. Failure to make the request before cancellation will result in the permanent removal of the website, with no possibility of recovery. The Company will not keep any copies of the website, and it is the Client’s responsibility to ensure they do so.
54.14. Portfolio Use: The Company reserves the right to showcase the completed website as part of its portfolio, unless the client has paid a Portfolio Exclusion Fee as outlined in our Portfolio Use terms.
54.15. Payment Terms: All fees for website design, hosting, domain management, and any additional services must be paid upfront or according to the agreed payment schedule. The Company will not commence work until the initial payment is received.
54.16. Logo Creation: The creation of a logo is the responsibility of the client. However, the Company can offer logo design services as a separate, additional service if required.
54.17. Unused Hours: Any unused time allocated for content and design updates does not carry over to the next billing cycle. Clients must utilise their allocated time within the same billing cycle or forfeit it.
54.18. Content Writing and Creation: Content writing and content creation services are not included in our standard website design packages. We do not provide industry-specific content, as we are not specialists in your particular field and do not possess the necessary expertise to create the appropriate text, nor do we have the images. Should you require content development, these services can be arranged for an additional fee. This may include the creation of custom visual content and the procurement of a professional writer who is an expert in your industry. In cases where no content is provided, we can offer generic, AI-generated text and stock images as interim solutions.