TERMS & CONDITIONS
Show TV Standard Terms & Conditions
- Conditions of payment: 50% on confirmation and 50% on completion of project unless otherwise agreed. We require an official company order.
- All prices exclude V.A.T.
- A “day” is considered to be 8 hours. The minimum callout for a shoot is a half day.
- While every reasonable care and effort will be made by Show TV to provide you with the above mentioned product/s, Show TV shall not be liable to the client or to any 3rd party in any way whatsoever for any damages or loss whatsoever suffered by the client or any 3rd party either as a direct result or as any consequence of any act or omission by Show TV.
- Any overages outside the scope of this proposal are for the account of the client. Overages are defined as:
5.1) Any changes outside the scope of the approved script.
5.2) Any changes to the production that contradicts initial instructions by the company’s liaison person for the project.
5.3) Changes outside the scope of this proposal e.g. the length of the video exceeding the stipulated length. The price of overages for the video will be calculated based on the completed minute rate of the production or part thereof. The addition of editing, extra design, or scripting work, not included in this quotation, will be charged at the rate of R480 per hour. An additional shoot day will cost R4500.00. Annual increases in rates will apply.
- Music will be supplied from our bought out library. Should the client want more specific or licensed music, this will be charged at the relevant SARREL rates.
- In the event that Show TV supplies CD’s or DVD’s, it is very rare, but from time to time there have been known to be DVD’s and CD’s that do not play on a particular models of DVD players. Show TV cannot be held responsible for the lack of compatibility of such players. We produce our DVDs to the worldwide standard on DVD-R for the highest possible compatibility rating.
- The approval for the final video will be made at our studios in Oaklands.
- Should the project be canceled or terminated for any reason by the client, at any time after receipt of the order or confirmation email, the client will be liable for the full production costs.
- The Client indemnifies Show TV against any material supplied to Show TV that might contravene any copyright laws.
- All stock material that Show TV utilizes in any of its productions remains the property of Show TV, all video footage shot by Show TV on behalf of a client remains the property of the client.
- All quotations are valid for a period of 15 days.
- Show TV requires a representative from the organisation who will make binding decisions on all projects.
- Any delays from the client will affect the completion date of the video that is agreed upon. Show TV cannot be held liable in any way whatsoever.
- In the event of data loss which has occurred out of the control of Show TV, Show TV cannot be held liable for any losses incurred by the client. In the event that Show TV has been negligent and caused the data loss, Show TV will be required at its own cost to film any footage that might be required at its own cost. If an act beyond our control takes place Show TV will be absolved of any claim whatsoever.
- In the event that a particular days filming/photography is rescheduled by the client, the client must notify Show TV 48 hours in advance of the confirmed day. In the event that the 48 hour deadline has been breached the client will become liable for any costs involved in canceling. All travel related costs incurred will also be billed for.
- Any permission required for filming/photography needs to be organized by the client in advance.
- The above rates do not include Travel, Accommodation, car hire, toll fees, petrol, daily allowances, visas, related taxes, and meals if required unless detailed in the line items cost above.
- The rates above are billed from 08H00 to 16H30 on weekdays. No allowance has been made for evenings, weekends, and public holidays which will attract overtime rates.
- In order for the correct timings of scripts to be quoted by various voice over artists that Show TV uses, Show TV is required to submit the script to the voice over artist, agent, company, or individual for verification of the length of the voice over and cost. The client indemnifies Show TV against any unlawful/unauthorised usage of the information supplied to the voice over artist, agent, or company that is submitted.
- In the event that each or any project takes more than a month to complete as a result of delays from the client. Show TV will have the right to bill for all balances due and complete the project when the client is ready to proceed. If the client delays the project for more than 1 month from the date of confirmation, Show TV will have the right to charge an additional 10% service fee monthly of the total project cost for managing the project until it is completed.
- Voice Over Recordings including but not limited to: Audio Visuals, Documentaries, Training Videos, Promotional or Marketing Videos, Instructional Videos, Audio Recordings, Multimedia Presentations the following additional rates will be charged for in the following instances:
– Public Exposure: Including but not limited to public viewing at demonstrations, exhibitions, stadiums, in store and marketing to clients, PLUS 50% of the TOTAL recording fee.
– Give Aways: Including but not limited to promotional DVDs and/or memory sticks which are given away with a product or in promotional packs, PLUS 100 % of the TOTAL recording fee.
– Sales: Including but not limited to DVDs and/or videos that are for SALE, PLUS 200% of the TOTAL recording fee.
– Television Broad Cast, PLUS 100% of the TOTAL recording fee.
– Clients Website – When intentionally uploaded by the client, advertising agency, or production company onto any website PLUS 100% of the TOTAL recording fee.
– Social Media – When intentionally uploaded by the client, advertising agency, or production company to ANY social media site PLUS 75% of the TOTAL recording fee.
– Website and Social Media – PLUS 150% of the TOTAL recording fee.
– ONCE OFF upfront fee – Unlimited use on Website & Social Media, PLUS 450% of the TOTAL recording fee.
– Corporate: Once Off or For Viewing by Staff ONLY Included in Recording Fee • Public Location – At Exhibitions, In-Store, Events etc. PLUS 50% of the TOTAL Recording Fee for 12 consecutive months • Marketing – Used by sales staff, shown to potential clients etc. PLUS 50% of the TOTAL Recording Fee for 12 consecutive months • Give Aways PLUS 100% of the TOTAL Recording Fee for 12 consecutive months • Sales PLUS 200% of the TOTAL Recording Fee • Television Broadcast PLUS 100% of the TOTAL Recording Fee for no more than 3 broadcasts.
– PLEASE NOTE: ADDITIONAL PENALTIES WILL APPLY FROM THE ARTISTS IF IT IS FOUND THE CLIENT HAS CONTRAVENED THE ABOVE IN ANY WAY.
- The client must notify Show TV in the event that they want to play or display any material given on any other medium. Show TV’s quotes are based on the material only being used for internal purposes only. Additional costs will apply in the event of showcasing material on any other public medium.
- Scripting of a video is based on two words equating to 1 second of video time. E.g.: 1 minute video will be 120 words. Show TV will always draft a first draft script for the client to indicate where material should be cut in order to bring it in line with the time frames quoted in Show TV’s proposals. Thereafter changes will be made as per clause 28 of this contract.
- Show TV will as an added service backup the client’s material for a period not exceeding two (2) years from the date of completion of any given project. Thereafter if a client requires the material to be backed up for a further period after the two year period has expired, the client must notify Show TV within 60 days of the two year period expiring. Show TV will then negotiate a rate for the material to be backup up for a further period to be determined. If no notification is received in writing the material will automatically be removed from our system and backup systems.
- As Show TV provides the backup service at no additional cost to the client for the initial two year period. The client indemnifies Show TV against any loss whatsoever in the initial two year period and beyond any additional period that might be extended. Show TV cannot be held liable for any loss from negligence, hardware failure, or act of G-D.
- As part of the filming/photography process Show TV films mainly on the clients’ premises. Part of this process will include the possibility of filming staff, contractors, and visitors on-site or in a public domain. The client must endeavor in their terms and conditions of entry that anyone on their premises might be included in a film shoot from time to time. The client must ensure that they are indemnified for this purpose. The client further indemnifies Show TV against any claim whatsoever that might arise from this process. Any claim by any individual in any form will be for the clients’ account.
- In the event that Show TV provides scripting services, the above prices include two sets of minor changes for correction to factual errors of scripts. Substantial rewrites incur a 50% charge. Please request changes in writing as soon as possible of the first draft.
- If the pricing above has been bulk discounted, if any of the videos that are part of that package are not produced the balance of the videos produced would attract an additional 15% to 25% cost adjustment as a chargeback for the bulk discount given.
- In the event of power outages or any load shedding, Show TV cannot be held liable for any deadlines that it may have to meet being compromised. Show TV will endeavor to get back up to speed as soon as humanly possible.
- All material created by Show TV remains the property of Show TV. Show TV will in no way supply open source files to any of its clients.
- As with any electronic device failures with hardware related items can happen at any stage. Show TV cannot be held liable for any damages related to footage filmed that becomes unusable as a result of device failure or damage inflicted to our equipment as a result of any third party.
- Show TV will be allowed to use short snippets of material created for various clients in its own promotional material in order to showcase its services to current and new prospective clients. Any photography or graphic design material created by Show TV will also be used to promote Show TV services when required. Show TV will undertake not to utilise any sensitive or intellectual property owned by a client in any promotion of its services.
- Should either Party (Defaulting Party) breach any of the provisions of this Agreement, then the other Party (Aggrieved Party) may give the Defaulting Party 5 working days’ written notice or such longer period of time as the Aggrieved Party may specify in the notice, to remedy the breach. If the Defaulting Party fails to comply with the notice, the Aggrieved Party may:
34.1) Claim immediate payment and/or performance by the Defaulting Party of all of the Defaulting Party’s obligations that are due for performance; or
34.2) cancel this Agreement upon written notice to the Defaulting Party where the breach constitutes a material breach, in either event without prejudice to the Aggrieved Party’s right to claim damages or to exercise any other rights that the Aggrieved Party may have under this Agreement or in law.
- Without detracting from the provisions of clause 37, the Aggrieved Party may summarily cancel this Agreement at any time by giving to the Defaulting Party notice of the cancellation if:
35.1) the Defaulting Party commits a material breach of this Agreement which cannot be remedied; or
35.2) the Defaulting Party is, other than for the purposes of reconstruction or amalgamation, placed under voluntary or compulsory sequestration, winding-up, judicial management, business rescue or the equivalent of any of these in any jurisdiction;
- Any cancellation is without prejudice to any claim that either Party may have in respect of any breach of the terms and conditions of this Agreement by the other Party arising prior to the date of cancellation.
- Any changes to the video requested by the client must be in writing in the form of an email to the relevant Show TV representative to ensure that all communicated changes within the scope of the project have been attended to. Verbal changes cannot be accepted.
- The above rates have been bulk discounted, in the event that the contract is canceled for any reason by the client the normal rate of R8260.00 ex v.a.t per clip will apply to the videos already completed. The difference in rates that will now become due for each of the videos completed will be billed in a final invoice and given to the client for payment.
- In the event that the contract is canceled for any reason by the client, the balance of the contract will also become due and payable.
- Any clips not produced in a particular month can be rolled over into a new month, however in the final month of the contract, if any clips are outstanding and the contract expires, those clips will be forfeited by the client. In the event that the contract is renewed for a further period, the unused clips will then roll over into the new contract. The rolled over clips must be utilised within 3 months of the new contract beginning or they will be forfeited.
- Rates are adjusted annually and any new contracts will be applied with the new rate set by Show TV.
- If drone filming is required the client must ensure that their premises are not located within a no-fly zone area. In the event that Show TV is required to go on-site and film and determines that the location falls within a no-fly zone area the full rate quoted will still be applicable even though the service cannot be completed.
- Show TV or any of its employees cannot be held liable for any damages, incidents, or injuries related to drone filming taking place on either the client’s premises or a third party’s premises nominated by the client for filming. Show TV will endeavor to ensure that all instructions for safe flying are communicated to the client on the day and will ensure that the client signs the drone filming indemnity form to ensure that the client is fully aware of the requirements for filming.
- In the event that bad weather appears on the day of drone filming and Show TV is unable to film on the day, Show TV will charge a call-out fee of 50% of the rate for drone filming quoted. Additional days filming will then need to be booked and additional fees will apply.
- In the event that loss of control of the drone takes place and any damage is incurred to any equipment, vehicles, products, people, or any other property of the client, Show TV will not be held liable for any costs related to the incident unless it can be shown that Show TV was negligent.