"7thDIgit Films" a corporate video production company - Terms & Conditions

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 Updated on 26 May 2020 

1. The following Terms and Conditions of Service apply to all   creative/technical services provided by 7thDigit and in the   event of any dispute are governed by the laws of India.
2. All   creative/technical work is carried out by 7thDigit on the understanding that the client has   agreed to our terms and conditions. 
3. Copyright is retained by 7thDigit on   all creative/technical work including texts, words, pictures, videos, audios,   motion graphics, ideas, visuals and illustrations unless specifically   released in writing or after all costs have been settled. 
4. If   a choice of creative/technical work is presented and one is chosen for your   project, only that solution is deemed to be given by us as fulfilling the   contract. All other creative/technical work remain the property of 7thDigit unless   specifically agreed in writing. 
5. A hard/soft copy of the approved estimate or quotation is to be signed and   dated by the customer to indicate acceptance and should be returned to 7thDigit Alternatively, the client may send an official purchase order in reply to the   estimate or quotation which binds the client to accept our terms and   conditions, or an email acknowledging acceptance of the quotation. 
6. For   the avoidance of doubt, the 7thDigit's Terms & Conditions are what govern the   job, not any conditions on the customer’s purchase order. 
7. All   creative/technical services require an advance payment of a minimum of   seventy (70) percent of the project quotation total before the work commences   or is supplied to the Client for review. The remaining thirty (30) percent of   the project quotation total will be due upon completion of the work prior to   release of materials.  
8. 10%   Cancellation fees of the Final budget will applicable on cancellation of   project. 
9.  Delivery/Production Dates for creative/technical services are agreed in   advance and confirmed by you. Where these dates are cancelled whether due to   a request from you or due to  an amendment by you that results in a   cancellation the following charges will apply where the cancellation notice   is given or is caused:
           · Within 7 days from shoot date – 25% of   final Budget
           · Within 48 hours from shoot date – 50% of   final Budget
           · Within 24 hours from shoot date – 100% of   final Budget      
10. We will supply preview files as detailed in the job scope or request.
    Charges for creative/technical services do not cover the release of our   copyright source files, including but not restricted to indd, psd, AI, png,   fla, AE, APr or other source files or raw code; if the Client requires these   files for transfer to an in-house or other designer, they will be subject to   a additional 15% fee of of approved budget. 
11. Charges   for any additional services requested during the project that are over and   above the estimated time or out of scope, will become fully payable (100% of   the quoted amount) at the time of estimate or quotation acceptance.
12. The customer will be provided with an Approval Form or Proof Email, and an   Invoice prior to final publication/release. At this time the remainder of the   amount due will become payable and the customer will also be required to sign   and return the Approval Form or signify approval by email to 7thDigit 
13. Any invoice queries must be submitted by email within 14 days of the invoice   date. 
14.  Accounts which remain outstanding for 30 days after the date of invoice, will   incur late payment interest charge at 10% per month on the outstanding amount from the date due until the   date of payment. 
15. Payments may be made by online transfer, credit card (Visa, Mastercard) or   Debit Card.      
16. Payments made by cheque must be previously agreed and may be subject to an   administration charge. Cheques should not be sent in regular mail unless sent   recorded delivery. 
17. Publication/Release of work done by 7thDigit on behalf of the client, may not take   place before cleared funds have been received. 
18. Returned cheques will incur an additional fee of Rs. 2,500 per returned   cheque. 7thDigit reserves the right to consider an account to be in   default in the event of a returned cheque.
19. An   account shall be considered default if it remains unpaid for 30 days from the   date of invoice, or following a returned cheque. 7thDigit  shall be entitled to remove   the customer’s material from any and all computer systems, until the amount   due has been fully paid. This includes any and all unpaid monies due for   creative/technical services. 
20. Removal of such materials does not relieve the customer of its obligation to   pay the due amount. 
21. Customers whose accounts become default agree to pay all 7thDigit's reasonable legal and accounting expenses   and third party collection agency fees in the enforcement of the debt and   these Terms and Conditions.
22. By   supplying text, images, videos, audio and other data to 7thDigit for inclusion in the customer’s website   or other medium, the customer declares that it holds the appropriate   copyright and/or trademark permissions. The ownership of such materials will   remain with the customer, or rightful copyright or trademark owner. 
23. Any artwork, images, videos, audio or text supplied/designed/created by 7thDigit on   behalf of the customer, will remain the property of 7thDigit and/or its suppliers unless otherwise agreed in writing. A licence for use of   the copyright material is granted to the customer solely for the project   defined in the scope or request and not for any other purpose. 
24. The customer may request in writing from 7thDigit, the necessary permission to use   materials (for which 7thDigit holds the copyright) in forms other than   for which it was originally supplied, and 7thDigit may, at its   discretion, grant this and may charge for the additional usage. Such   permission must be obtained in writing before any of the aforesaid artwork,   images, videos, audio or text or other data is used.
25. Any software, code, plugin or other third party material used in a web or   digital project remains the property of the creator and any ongoing licence   fees or fees for upgrades are the responsibility of the client, not 7thDigit 
26. By   supplying images, text, video, audio or any other data to 7thDigit, the customer grants 7thDigit permission to use this material freely in the pursuit of the design.
27. The customer agrees to fully indemnify and hold 7thDigit free from harm in any and all   claims resulting from the customer in not having obtained all the required   copyright, and/or any other necessary permissions. 
28. The customer agrees that changes required over and above the estimated work,   or in addition to the agreed scope, or where the client makes changes to the   supplied copy or changes required to be carried out after acceptance of the   draft design, will be liable to a separate charge. 
29. The customer also agrees that 7thDigit holds no responsibility for any amendments   made by any third party, before or after a design is published. 
30.  Any design, copywriting, drawing, video, audio, idea or code created for the   customer by 7thDigit or any of its contractors, is licensed for use by the   client on a one-time only basis and may not be modified, re-used, or   re-distributed in any way or form without the express written consent of  7thDigit and any of its relevant sub-contractors. 
31. All creative/technical services – where there is a risk that another party   make a claim, should be registered by the client with the appropriate   authorities prior to publishing or first use or searches and legal advice   sought as to its use. 
32. 7thDigit will   not be held responsible for any and all damages resulting from such claims. 
33. 7thDigit is   not responsible for any loss, or consequential loss, non-delivery of products   or services, of whatever cause. The customer agrees not to hold 7thDigit responsible for any such loss or damage. 
34. Any claim against 7thDigit  shall be limited to the relevant fee(s) paid by the   customer.
35. The client agrees to 7thDigit  definition of acceptable means of supplying data to the   company. 
36. Text is to be supplied to 7thDigit in electronic format as standard text   (.txt), MS Word (.docx) or via e-mail   / FTP or shared folder. 
37. Images which are supplied in an electronic format are to be provided in a   format as prescribed by 7thDigit via e-mail / FTP. Images must be of a   quality suitable for use without any subsequent image processing, and 7thDigit will   not be held responsible for any image quality which the client later deems to   be unacceptable. 
38. 7thDigit cannot be held responsible for the quality of any images which the client   wishes to be scanned from printed materials. 
39. Additional expenses may be incurred for any necessary action, including, but   not limited to, photography and art direction, photography searches, media   conversion, digital image processing, or data entry services, colour   correction and alteration of images.
40. Any indication given by 7thDigit of a project’s duration is to be   considered by the customer to be an estimation. 7thDigit cannot be held responsible for any   project over-runs, whatever the cause. Estimated project duration should be   deemed to be from the date that cleared funds are received by 7thDigit for   the initial payment or by date confirmed in writing by 7thDigit.
41. 7thDigit will   consider that the client has accepted the original draft, if no notification   of changes is received in writing from the customer, within 14 days of the   start of the review period. 
42.  The   customer agrees to allow 7thDigit to place a small credit on printed   material exhibition displays, advertisements and/or a link to 7thDigit.in own   website on the customer’s website. This will usually be in the form of a   small logo or line of text placed towards the bottom of the page. 
43. The customer also agrees to allow 7thDigit to   place websites and other designs, along with a link to the client’s site on   7thDigit.in’s own website for demonstration purposes and to use any designs   in its own publicity and portfolios. 
44. 7thDigit will   not include in its designs, any text, images or other data which it deems to   be immoral, offensive, obscene or illegal. All advertising material must   conform to all standards laid down by all relevant advertising standards authorities.   7thDigit also reserves the right to refuse to include submitted material without   giving reason. In the situation where any images and/or data that 7thDigit does   include in all good faith, and subsequently discovers is in contravention to   such Terms and Conditions, the customer is obliged to allow 7thDigit to   remove the contravention without hindrance, or penalty. 7thDigit is to   be held in no way responsible for any such data being included.        
45. Cancellation of orders may be made initially by telephone contact, or e-mail,   however, following this, 7thDigit will need formal notification in writing   to the company’s postal address/ Email. The client will then be invoiced for   all work completed over and above the non-refundable deposit that will have   been made at the time of first ordering. The balance of monies due must be   paid within 30 days. Please note: any cancellation which is not formally   confirmed in writing and received by 7thDigit within 14 days of such instruction being   issued, will be liable for the full quoted cost of the project. 
46. 7thDigit makes no warranties of any kind, express or implied, for any and all   services that it supplies. 7thDigit will not be held responsible for any and   all damages resulting from services it supplies. 7thDigit is not responsible for any loss, or   consequential loss of data, or non-delivery of products or services, of   whatever cause. While we take reasonable steps to investigate the materials   we recommend, we accept no responsibility for the performance or quality of   materials or any consequential loss arising from their failure. The customer   agrees not to hold 7thDigit responsible for any such loss or damage.   Any claim against 7thDigit shall be limited to the relevant fee(s)   paid by the customer. 
47. 7thDigit reserves the right to use the services of sub-contractors, agents and   suppliers and any work, content, services and usage is bound by their Terms   and Conditions. 7thDigit will not knowingly perform any actions to contravene these and the   client also agrees to be so bound. 
48. An   estimate validated by the customer’s signature on the estimate or quotation   form, or by email, constitutes acceptance of the estimate or quotation and   agreement to comply fully with all the Terms and Conditions and forms a   Contract for Business between the signatory and 7thDigit.
49.  For Photography/Video Production The Customer must obtain any necessary   consent or permission and pay any fees which may apply for a particular   venue, location or event.      
50. Where the shoot shall take place at your premises or a location designated by   you the responsibility for ensuring said location is safe and that adequate   insurance is in place shall be vested in you. 
51. The Customer acknowledges and agrees that editing an event and the production   of finished works may include elements of artistic expression and   interpretation. The re-editing of commissioned works is offered as an   optional extra by prior arrangement. A quotation for re-editing will be   provided on request. 
52. 7thDigit reserves the right to dispose of all Raw Footage, video files, audio files,   edited video files, recorded materials, Illustrations, images and finished   works after 30 days of the video shoot/Production.