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Conditions of Use

FILMBAKER TERMS &

CONDITIONS

1. Application of Terms & Conditions

1.1  We are willing to provide services to you (Services) in relation to a project (Project) detailed in the relevant FIlmbaker Proposal, Order Form, quote, document or e-mail from Filmbaker addressed to you, or invoice addressed to you (Client Proposal).

1.2 Once you confirm that you wish for us to go ahead with the Project in
accordance with the terms set out in the Client Proposal, you agree
that these terms and conditions, which incorporates the Client
Proposal (Agreement), will form a binding agreement between us
(jointly, Parties, or in the singular, Party). This term of this Agreement
will continue until the Parties have completed their obligations under
this Agreement (Term).

1.3 In the event of any inconsistency between this Agreement and the
Client Proposal, the terms of this Agreement will prevail to the extent
of the inconsistency.

2. Our Services

2.1 We agree to provide our Services in a professional, skillful and legally
compliant manner.

2.2 Any changes to the Client Proposal after signing will need to be
discussed and agreed in writing (e-mail to suffice) by both Parties in
good faith.

2.3 The final product may vary from the product shown on the website

2.4 There will be no refund of the products and services sold on Filmbaker 

3. Client Obligations

3.1 We require you to provide us in a timely manner with accurate
instructions in relation to the Project, supply us with the Client
Materials and review our draft work.

3.2 For this purpose of the Agreement, Client Materials means briefs,
logos, brand guidelines, brand assets and any other information,
assets, data or other items requested by us for the Project.

4. Sub-Contractors

4.1 For the Project, we are permitted in our discretion to engage
appropriately skilled independent sub-contractors, freelancers or
other third parties (Sub-Contractors) to perform some or all of the
Services.

5. Payment Terms

5.1 For the Project, we will invoice you and you agree to pay for Project
Costs at the timeframes set out in clause 5.2, or at other appropriate
intervals. We reserve the right to invoice you at any time for all or
part of the Project Costs where you fail or delay to provide us with
instructions or other materials as required by us to complete the
Project.

5.2 All amounts charged by us under the Agreement in connection with
any Project shall be in the first instance, calculated exclusive of any
GST.

5.3 Where we engage a lawyer or collection agency to recover any unpaid
money under this Agreement, you agree that you shall liable (on a full
indemnity basis) for all of our costs spent recovering such sums from
you. You acknowledge that ‘time is of the essence’ when paying
invoices under the Agreement, and we reserve the right to suspend
work if any invoices are outstanding. If any invoice remains unpaid 30
days after the date it was due, we may charge you interest at the Cash
Rate Target, as fixed by the Reserve Bank of India

 

6. Usage of Files provided by customer

6.1 You acknowledge that any files including but not limited to Images, Music, Songs, Videos etc.  sent by you are completely original and FIlmbaker will not be liable for any copyrights issue which may occur on files sent by you.

 

7. Revisions during Production Stages

7.1 You are able to request revisions for the Project and any Deliverables supplied by us during any Production Stage, where reasonably required subject to the following conditions:

a. Your request for a revision is made while we are working on the relevant Production Stage to which the revision relates.

8. Revisions after Completion
9.1 We are able to modify your company logo/branding, contact details or pre-selected music track for the Project at no cost within 3 months from completion of the Project, provided that your request for modification complies with the following conditions:

a. Changes must be generic to the video and not adapted for alternative uses;

b. Changes must not exceed 5% of the total original video editing work time;

c. Changes must be limited to editing and animation work, any changes which require re-recording, additional stock images or voice recordings are not included;

d. Changes must be specific, explained clearly and unambiguously; and

e. Only one instance of reviewing a change you have requested under this clause will be provided, otherwise once the change you have directed has been made, the change is final and cannot be reviewed by you

f. In case you wish to go ahead with another therafter, the payment for those changes have to be made before we begin our work. The charges will be mutually decided, but Filmbaker holds the rights to deny you for any further changes.

9 Intellectual Property

9.1 We shall assign to you exclusive ownership and control over the Intellectual Property in the final completed versions of the Deliverables for the Project (Final Deliverables) upon payment by you in full of the Project Costs

10 For the purpose of the Agreement:

Intellectual Property or IP means all items of intellectual property including without limitation trade marks (registered or unregistered), copyrights, designs and patents.
Third Party IP means Intellectual Property owned by a party who is not a party to this Agreement;
FIlmbaker IP means Intellectual Property owned by us which was created prior to or independently of our obligations to you under this Agreement;
Client IP means Intellectual Property owned by you which was created prior to or independently of your obligations to us under this Agreement.

11. Credits and Promotion

11.1 Where possible, you will provide us with credit for authorship on all reproductions, distribution, communications or other exploitations of the Final Deliverables as follows:
“Written and Produced by Filmbaker ”, together with a copy of our current logo.
You agree that you will not attribute any third party as author of the Final Deliverables.
11.2 Unless you otherwise advise us in writing, we have the right to publish and communicate the Deliverables in our portfolio and marketing materials promotional and demonstrative purposes.