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 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 included 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 charge back 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 endeavour 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 client’s.
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 has been attended to. Verbal changes cannot be accepted.
The above rates have been bulk discounted, in the event that the contract is cancelled 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 cancelled 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 is 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 on 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 endeavour 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.