1. APPLICATION OF THESE TERMS
These terms and conditions shall apply in respect of all goods and services supplied to Client by Cinema Vérité Pictures (CVP), whether specified or otherwise. Except to the extent that these terms and conditions are varied by mutual consent they together with the brief and quotation shall constitute the entire agreement between CVP and Client, and shall prevail over Client’s own terms and conditions. Client agrees that in entering into this agreement, Client shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
All work carried out by CVP is on the basis that Client has agreed to these terms and conditions.
In these terms and conditions, the following words shall carry the following meanings:
Cinema Vérité Pictures Pte Ltd (UEN 201702813D) of 29 Media Circle, ALICE @ MEDIAPOLIS #03-04 South Tower Singapore 138565.
Any individual who acquires CVP’s services wholly or predominately for personal, domestic or commercial use. It can also be used interchangeably with any person or entity requesting CVP to provide services.
The fees estimated by CVP in any quotation once accepted and endorsed by Client, comprising of the production budget for the content stated in the quotation only.
Any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, video films, footage, props and equipment provided by CVP for the purposes of CVP supplying the services.
Master footage recorded by CVP or sub-contractors as part of provision of the services.
Video pre-production, production and postproduction services.
Actor/Actress who will be appearing in The Project and rendering his/her services, likeness, voice, reputation and image for the promotion of the production.
Fee payable to Talent for his/her performance of personal services provided in support of the production, including use of his/her likeness, reputation and image, dependent on the platforms the video will be published.
3. ACCURACY OF QUOTATION
3.1. Quotations are based on the accuracy of the specifications and production deliverables provided.
3.2. Where applicable, the quotation does not include flight and accommodation for crew, talents and employees of and sub-contracted by CVP for this production, unless otherwise stated in the quotation.
3.3. Quotation does not include all talent costs and loading fees, unless otherwise stated in the quotation.
4. PAYMENT TERMS
4.1. Quotation is in Singapore Dollars only, unless otherwise stated.
4.2. All accounts are conducted in cash, cheque, GIRO or internet banking.
4.3. Client will pay to CVP the agreed fee in the following manner:
4.3.1. Upon receiving an endorsed quotation returned to CVP, an upfront payment of 50% must be made within 14 days from the date the quotation has been sent (if quotation amount exceeds S$50,000).
4.3.2. The balance will be payable within 30 days of the final delivery of materials.
4.3.3. Where Client fails to make the payment, an additional 10% of the invoice total will be imposed as late penalty fees for every block of 30 days after the invoicing date.
5. CANCELLATION OR POSTPONEMENT
5.1. Once Client has endorsed the quotation and Client wishes to cancel or terminate the production, a cancellation fee of 70% of the full- agreed fee is chargeable. If a partial amount has been paid upfront, the remainder amounting to 70% of the full invoiced amount will still be chargeable.
5.2. Any postponement or cancellation of production days within 72 hours of camera roll by Client is subjected to 100% of production costs, production costs being the engagement of crew services, rental of filming equipment and/or vehicles, talent costs and location fees. This is regardless of force majeure or Talent’s unexpected illness.
5.3. Both CVP and Client have to agree on the termination of the production for the termination to formally proceed.
5.4. Any postponements of production days have to be made at least 7 working days before camera roll to void postponement fees.
6. OVER-RUNS OR UNDER-RUN
6.1. Where the production exceeds the stated number of production day(s), where one shoot day is a maximum of 10 hours including breaks, any overtime incurred will be chargeable at 1.5 times the hourly rate of crew members, to be paid by Client.
6.2. Where a production wraps earlier than anticipated, there shall be no compensation from CVP to Client.
7.1. CVP reserves the right to subcontract any services that CVP has agreed to perform for the Client as it sees fit.
8. RECORDED MATERIALS
8.1. Rights to final deliverable video files will belong to client as per the quotation specifications, either for traditional broadcast (TV, cinema), social media broadcast (Facebook, YouTube, Instagram, Vine), above the line advertising or below the line advertising, Out-of-Home media, or whichever that CVP and Client have agreed upon. Any other form of display of the video is to the discretion between CVP and Client.
8.2. The raw footages, audio files, remain the property of CVP unless agreed upon expressly in writing between CVP and Client for the procurement and purchase of all raw footages, at a rate of S$500 for every 100Gb of data consolidated and to be provided to Client by CVP in the form of an external hard drive, or otherwise.
8.3. Where services remain unpaid or in the event that a final agreed payment is not made, CVP reserves the right to withhold all recordings and finished works and use all portions of the recordings and finished works for display, promotional or commercial purposes.
8.4. Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by CVP will remain the property of the author or legal entity owning the copyright.
9. CLIENT ACKNOWLEDGEMENTS
9.1. Upon entering this agreement, Client acknowledges and agrees that:
9.1.1. CVP will have a lien on materials provided by Client, in the services manufactured, produced, duplicated or otherwise provided by CVP will be transferred to Client until Client pays all amounts due to CVP.
9.1.2. Client acknowledges and agrees that upon payment of all outstanding invoices due to CVP, Client is entitled to receive the finished works, but has no entitlement to the working files of CVP.
9.1.3. Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by CVP are solely those of the Client. The finished works are intended to represent the opinion of Client and in no way reflect the views and opinions of CVP, its employees and subcontractors.
10.1. CVP is not responsible for any errors, omissions or extra costs resulting from faults in the production, as a result of any written or oral agreements or instruction given by Client.
10.2. Client must appoint a person who has complete authority to provide instructions to CVP and respond to requests for feedback until CVP has ceased providing services to Client.
11. REVIEW CUTS
11.1 CVP will provide Client with the number of review cuts as stated in the quotation specifications. Client must notify CVP of all proposed changes to be made within three (3) working days.
11.2. Once Client has exceeded the number of review cuts made available to Client as agreed in the quotation specifications, CVP may refuse to make any further changes. If Client wishes to make further amends, a fee of S$500 will be imposed per review cut.
11.3. Client acknowledges that some proposed changes might not be possible.
12.1. Client agrees to protect CVP from economic loss and any other harmful consequences such as reputation loss that could arise in connection with the production.
12.2. Client will hold CVP harmless and safe, indemnify, and otherwise defend CVP against claims, demands, actions and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
12.3. Client agrees that it will not, at any time, make any disparaging or derogatory statements (either in writing, orally, or by any other means of expression) concerning CVP or its employees, crew or talents that will negatively affect the reputation of CVP.
13. FORCE MAJEURE
13.1. If CVP cannot carry out any obligation under the quotation either in whole or in part because of factors outside its reasonable control, including without limitations: fire, flood, storm, unfavorable weather conditions, natural disasters, explosion, accidents, road closures, war, terrorism, sabotage, epidemic, quarantine restructure, labor dispute or shortage, act or omission of any third person or public authority, then CVP’ obligations will be suspended for the duration of the event or waived to the extent applicable.
13.2. Wherein the production days selected by Client coincide with events of force majeure, Client shall be made liable for 100% of production costs including but not limited to: the engagement of crew services, rental of filming equipment and/or vehicles, talent costs and location fees.
14. PRIVACY AND CONFIDENTIALITY
14.1. All information received by CVP from Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without Client’s consent.
15.1 No modification, alteration or amendment of these terms and conditions shall be valid or binding unless made in writing and signed by both parties.
15.2. Except as specifically amended, these terms and conditions shall remain in full force and effect.
16. ENTIRE AGREEMENT
16.1. This agreement was executed voluntarily without any duress or undue influence on the part of or on behalf of the parties hereto. The parties acknowledge that they have read and understood this agreement and its legal effect. This agreement shall be construed without regard to any presumption or rule requiring construction against the party, causing such instrument or any portion thereof to be drafted.
16.2. Client agrees that these terms and conditions are written to protect the privacy and confidentiality of CVP
16.3. Client acknowledges and agrees that these terms and conditions, and any associated goodwill are valuable and essential to the successful and effective operation of the production, including the creation and development of the production. Any last minute changes will harm the production and associated companies.
BY ACCEPTING QUOTATION, the Client has read and understands all binding terms and conditions with CVP.