Terms of Service:
Last Updated (26/09/2019)
It is expressly understood that the Client agrees to all of the Terms and Conditions mentioned on this page. This agreement on the part of the client is immediately confirmed on approval of any formally presented estimate and/or commissioning of the project. A copy of these terms is provided with every estimate.
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These terms of service override any clauses or policies stated in a Purchase Order or email sent by a client, unless otherwise agreed to in writing.
A. Payments and Taxes
- We will require a 50% advance along with a work order to commence work.
- The remaining 50% to be paid on the date that the work is finished.
- Interest of 5% per month will be chargeable from 15 days post delivery calculated on an accrual basis.
- Unwatermarked video will be sent only after receipt of final payment.
- (For Indian Clients) GST at 18% will be chargeable and must NOT be retained until our GSTR-A filing is complete. GST hoarding is seen as an unethical practice.
- Bookings and Schedules will only be confirmed after receipt of 50% of the Estimate.
- (For International Clients) Exchange rates will be calculated basis actual bank rates at the time of invoicing.
B. Policy on Changes
- This quotation considers 3 post production level/post mid-developmental changes for video/content production and 1 low intensity pivot for technology.
- All additional edits, Language versions, Release tapes, or any extra requirements will be costed, and billed for separately.
- If at any time, client desires to make any changes or variations from the completed project, script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Hereafter, including person hours, reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.
C. Usage Rights
- Except as otherwise provided by email herein, Hereafter owns all rights, title and interest in and to all media(s) subject of this Agreement, including all copyrights therein as well as in and to all the raw material produced for the purpose of the project.
- Hereafter grants the Client a one-year worldwide, non-‐transferable license to the Specified Material(s).
- Hereafter understands that some information for said media(s) may be of a confidential and/or sensitive nature. Hereafter agrees, at Client’s written request, to require, within reason, those engaged for the production/development to sign appropriate agreements not to discuss or disclose information about the product or the Specified Material(s) except as such disclosure may be necessary for Producer to produce material(s) in the usual and customary manner under this Agreement.
- Any alterations of original content (color shift, mirroring, flopping and paste) creating additional art is prohibited without the express permission of Hereafter. Hereafter will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute in additional use and will be billed accordingly.
- In certain circumstances, the client would be required to acquire a usage license from a third party. It is essential that the client is aware of such charges, royalties..etc. The responsibility of the same lies with the client. Hereafter will make it known to the client what software it is using via email or mentioned on the quotation for the same.
D. Indemnity
- Hereafter is not liable for any bugs/issues in the technology delivered including , but not limited to, any damages caused thereof. Applicable to the following circumstances:
- Beyond the period of AMC bought and/or issues found after the target event is over.
- Bugs/issues common with third party developers or software not within the purview of Hereafter.
- Bugs/issues reported as a result of testing in unreasonable circumstances.
- Bugs/issues caused due to implementing a specific requirement by the client – not in control by Hereafter.
- Bugs/issues caused due to any limitations mentioned to the client by email before they are reported.
- Hereafter shall not be liable for loss or damage of any kind whatsoever, due to delays or failure in performance caused directly or indirectly by acts of God, strikes, fire, failure of transportation agencies, public enemy, the elements, war, insurrection, shortages of labor or materials, Govt. regulations, damage or accidents to machinery or equipment, electric power failure or any other cause beyond the Hereafter’s control.
- A cancellation or postponement is defined as a rescheduling of the production to a later specific date caused or directed by Client or a total cancellation of the project. If the Hereafter blocks out a specific period of time with the agreement that it represents a firm commitment from the Client, then Hereafter makes no further efforts to sell the time. If the job is canceled or postponed within the Guideline time frame, it is unlikely that this time can be re-booked. It should be understood that this time represents Hereafter’s only source of income.
Cancellation and Postponement Policy
E. Legal and Agreement
- In case of any disputes or legal proceeding, the subject will be under the jurisdiction of the Mumbai High Court. The prevailing party in any legal action shall be entitled to attorney’s fees and costs in connection with the legal proceedings.
- It is expressly understood that the Client/Agency have agreed to the above Terms and Conditions on approval of the above Estimate and commissioning of the project.