This document sets forth the terms and conditions (“Terms”) under which Vivid Media Pte. Ltd. (“Company”) agrees to provide media production services (“Services”) to the client (“Client”). By accepting the Company’s quotation, contract or proposal (“Proposal”) and/or by making a payment for the Services, the Client agrees to be bound by these Terms.
The Company will provide the Services as described in the Proposal submitted to the Client. The Company will use its best efforts to complete the Services in a timely and professional manner. Any changes to the scope of the Services must be agreed upon in writing by both the Company and the Client.
The booking for the Services will be considered confirmed only when acknowledged in writing by the Company. The Services provided by the Company are subject to availability during confirmation.
The Client shall pay the Company the fees set forth in the Proposal (“Fees”). A non-refundable deposit of 50% of the total Fees is due upon acceptance of the Proposal. If the deposit has not been paid and the Client cancels the services, they are obligated to make the full payment within 30 days of giving notice of cancellation to the Company.
Unless otherwise specified in the invoice, the Client shall pay the remaining invoice amount to the Company within 30 days of the invoice date. In the case where an invoice date is not applicable, payment shall be due within 30 days of the first date of the shoot. If the date of the shoot is also not applicable, payment shall become due within 30 days of the delivery of the first draft of the media content.
The Client may cancel the Services at any time, but the cancellation will only be considered valid when acknowledged in writing by the Company.
In the event of a cancellation, the following fees will apply:
A non-refundable deposit of 50% of the total Fees will be forfeited if the project is cancelled at any point before the scheduled shoot date.
If the project is cancelled within 48 hours before the scheduled shoot date, the client will be charged the full amount of the total Fees.
Refunds will not be issued for the Services after the deposit has been paid, except as required by law.
In the event that the Client requests a postponement of the Services, the Company shall use its best efforts to accommodate the request. If the postponement leads to a delay exceeding 30 days from the initial date, the Company retains the right to decline the provision of services and invoice the Client for the full amount due.
The Company may withhold or withdraw the Services if the Client fails or omits to make any payment as required, or breaches or evinces an intention to breach any of these terms and conditions.
In the event that the Services are withheld or withdrawn, the Company shall not be responsible nor liable for any costs, losses or damages suffered and/or incurred by the Client.
The Client shall be responsible for providing the Company with all necessary information and materials required for pre-production and post-production, including but not limited to scripts, key visuals, images, music, and any other materials. If the Client fails to provide the necessary information and materials in a timely manner, the Company reserves the right to charge an additional fee for any additional time spent on the project. The Client shall also be responsible for reviewing and approving all pre-production and post-production materials before the final delivery of the project.
The Company will provide revisions on the work produced as stated in the Proposal. If the number of rounds of changes is not stated in the Proposal, the default number of rounds is 2 rounds. Any additional rounds of revisions will be charged at an additional cost, to be agreed upon by the Company and the Client before proceeding.
The Company shall retain all rights, including but not limited to copyright, in the photo, video and any other materials produced as part of the Services, including the extended Services. The Client shall have a non-exclusive, non-transferable licence to use the photo, video and materials for the purposes set forth in the Proposal.
The Client warrants that it has the full legal rights to any and all photographic, film, or video images supplied to the Company for use in the Video. The Client agrees to indemnify, defend and hold the Company, its officers, directors, agents, employees, representatives, associates and affiliates harmless from and against any and all losses, costs, damages, liabilities and expenses, including reasonable attorneys’ fees, arising out of any claim whatsoever, directly or indirectly, from the use of copyright images supplied to the Company by the Client.
The Company shall have the right to use the works produced as part of the Services in the Company’s portfolio and promotional materials unless the Client requests otherwise in writing. The Client understands that by not making such a request before the acceptance of the Proposal, they grant the Company the right to use the works in our portfolio.
The Company will provide the equipment necessary to perform the Services as described in the Proposal. Backup equipment will not be provided by default, unless otherwise stated in the Proposal. The Client may request backup equipment in writing and the company will provide it with an additional fee. The Client understands that the company will not be held responsible for any loss of revenue or additional costs incurred as a result of equipment failure.
In no event shall the Company be liable to the Client for any special, indirect, incidental or consequential damages. The Company’s total liability to the Client for any damages arising out of or related to this agreement shall not exceed the Fees paid by the Client under this agreement.
The Company shall not be liable for any loss or damage to the storage media after it has been shipped to the Client. The Company shall not be held liable for any direct, indirect, incidental or consequential damages resulting from the loss of the storage media, including but not limited to the loss of data, loss of profits or revenue, or any other financial loss.
The Company will store the media content required to deliver the Services for a period of 30 days. The storage period shall commence from the date of the shoot or the delivery of the latest draft, whichever is later. The Company shall not be responsible for retaining the media content beyond this period and may dispose of it accordingly.
The Company reserves the right to refuse to perform the Services in the event of wet weather or unsafe conditions. The safety of our staff and equipment is important. In the event that the Company determines that the weather or conditions are unsafe, we will work with the Client to reschedule the shoot at the earliest convenient time. The Client understands and agrees that the Company will not be held responsible for any loss of revenue or additional costs incurred as a result of rescheduling due to weather or unsafe conditions.
The Company shall not be liable for any failure or delay in the performance of its obligations under this agreement if such failure or delay is due to Force Majeure. Force Majeure includes, but is not limited to, acts of God, war, strikes, lockouts, riots, acts of terrorism, natural disasters, pandemics, and government action or regulation.
A waiver of any term or condition of this agreement shall not be deemed a waiver of any other term or condition, and a waiver on one occasion shall not be deemed a waiver on any other occasion.
The Company reserves the right to modify or update these Terms at any time and without prior notice to the Client. The continued use of the Services by the Client constitutes their acceptance of any changes made to these Terms.
Updated: 4 Feb 2023
Contact
+65 9482 5300 (Office)
+65 8886 2300 (WhatsApp)
+65 8842 7500 (WhatsApp)
+65 8611 5911 (WhatsApp)
30 Kallang Place, #07-24,
Singapore 339159
Event Services
Commercial Services
