Terms and Conditions of Business:
Blue Media Photography and Film Productions cc (Blue Media)
- Blue Media Photography and film Productions cc (Blue Media) and the Customer undertake to be bound by the following: By signing the quote / invoice/making any payment to Blue Media, sending an official Purchase Order or an email confirming quotation acceptance or booking our services you agree to the Blue Media terms and conditions which you have familiarized yourself with and understand. You also warrant that you are duly authorized thereto.
- Blue Media may contract the services of an independent contractor to perform the required services for a particular customer, in which event it shall be acting as a broker of such services, and shall not be liable itself for any lack of performance or damages.
- The Blue Media appointed photographer/ videographer will render services to the best of his/her ability during the event as directed from time to time by the Customer or any other person duly authorised by the Customer.
- The Blue Media appointed photographer/videographer shall not be responsible for photographs/footage not captured/recorded as a result of the Customers’ failure to provide reasonable assistance or cooperation.
- Blue Media may be required to secure studio or other premises or location in order to comply with the Customers’ requirements. In such an instance, the procurement of such services or premises, together with travel costs shall be considered a disbursement made on behalf of the Customer and for which it is liable independent of the invoiced services.
- Official purchase orders / signed quotations and emails from the Customer shall be accepted so that In the event of a dispute as to the validity of any order, Blue Media shall be entitled to rely upon the validity of the emailed communication/signed quotation or purchase order from the Customer.
- The Customer chooses as its address for the service of documents upon it the address stipulated on its purchase order or emailed address, and Blue Media at the address on its invoice.
- The parties agree to the jurisdiction of the Magistrate’s Court for the institution of any action between them, regardless of the amount being claimed.
- Payments in terms of invoices are to be made upon receipt of invoice, and in the event of any failure to make timeous payment, Blue Media reserves the right to institute action for recovery of all amounts owing to it by the Customer, together with interest and costs on the attorney and own Customer scale. Defaulting debtors may be listed with a credit bureau. Customers who fail to settle accounts within 30 days or as agreed to in writing, will be charged a 10% penalty per month on the total outstanding balance.
- Blue Media retains full copyright for the photographs/footage produced/recorded by its photographer/videographer for the Customer unless agreed to in writing and signed by both Customer and duly authorised Blue Media representative. Customers may use material produced only for the purposes that appear on the invoice/quotation submitted by Blue Media.
- Blue Media may use selected photographs for promotional purposes to showcase our photographic offering in mediums such as magazines news papers and business cards, website and DVD promos that could be aired on TV.
- Bookings are confirmed once 100% of the total invoice is paid to Blue Media prior to the provision of the service. Images / footage produced by Blue Media remains the property of Blue Media until full payment has been received.
- In the vent that the Customer has issued an official order / payment to Blue Media and the Customer cancels the booking, for any reason what so ever 50% cancellation fee is payable should the booking be cancelled or postponed within 5 days prior to engagement 75% cancellation fee is payable should the booking be cancelled or postponed within 72 hours prior to engagement 100% cancellation fee is payable should the booking be cancelled or postponed within 48 hours prior to engagement. All disbursements paid by Blue Media as at the date of cancellation shall be payable by the Customer.
- In the event of a cancellation as a result of the photographers actions including but not limited to illness, inability to perform, accident, or any act or order of any public authority or any cause similar or dissimilar beyond the photographer, agent and managements control, the parties agree that the photographer shall only be liable to reimburse you for any monies that have been paid to Blue Media or Blue Media will supply a photographer who is equally skilled as a replacement.
- Any amendment or variation to these terms and conditions must be agreed to in writing and signed by both parties.