Welcome to TC productions!
These terms and conditions outline the rules and regulations for the use of TC production’s Website, located at www.tcproductions.co.za.
By accessing this website we assume you accept these terms and conditions. Do not continue to use TC productions if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In these terms and conditions, unless the context otherwise requires
1.1. Consumer means a customer/ client who acquires any services that TC productions is offering for personal or commercial use.
1.2. Customer means any person or entity requesting TC PRODUCTIONS to provide Services.
1.3. TC PRODUCTIONS Stands for Thabang and Charles we are located at 197 smit street, Fairland ,Johannesburg South Africa.
1.4. Photographer means a representative of TC PRODUCTIONS with a camera equipment taking photo(s), recording video(s) with audio.
1.5. Photograph(s) means still images or video images.
1.6. Agreed Fee means the fees estimated by TC PRODUCTIONS in any quotation once accepted by the Customer.
1.7. Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to TC PRODUCTIONS for the purposes of TC PRODUCTIONS supplying the Services.
1.8. Raw Footage means master footage recorded by TC PRODUCTIONS as part of provision of the Services.
1.9. Services means still photo/video production and/or post production services.
1.10. Job means the time when services are being provided.
2.1. These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by TC PRODUCTIONS with any Customer in relation to the provision of Services by TC PRODUCTIONS.
2.2. All work carried out by TC PRODUCTIONS is on the basis that the Customer has agreed to these Terms and Conditions.
These terms and conditions apply to any customer or consumer requiring and acquiring services from the TC productions website which can be found at www.tcproductions.co.za.
4.1. Unless otherwise noted, TC PRODUCTIONS, it’s associates, or employees will be exclusive Photographer(s) at the job. The Customer(s) agree that good faith co-operation and communication between them is important in obtaining a good result. Customer(s) must also notify TC PRODUCTIONS and photographer(s) in writing if they wish to have anything photographed in a particular way. TC PRODUCTIONS or the photographer(s) will not be held accountable for not photographing desired photo(s)/video(s), if there is no one to assist in identifying these particular details and photographs on the day. TC PRODUCTIONS is not responsible if key individuals fail to appear or cooperate during photography, or for missed photograph(s) due to details not revealed to TC PRODUCTIONS or beyond the photographer(s) control.
5. House Rules
5.1. Customer(s) agree and understand that the photographer(s) are limited by the guidelines of the location site/venue management/government rules and Customer(s) agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the Customer(s) responsibility. If Customer(s) appears under the influence of alcohol or drugs during the job, TC PRODUCTIONS has the right to cancel the shoot immediately due to liability and health concerns arising.
6. Photograph(s) and Copyrights
6.1. Photograph(s) produced by TC PRODUCTIONS or the photographer(s) are protected by Copyright Law (all rights reserved). Only clients that have fully paid for the services rendered are allowed to use the photographs for personal use and sharing with friends and family or otherwise agreed with TC productions. Said photograph(s) may not be edited by client or reproduced in any manner without prior written permission of TC PRODUCTIONS. Customer(s) will receive the finished photograph(s) high resolution either on USB provided by TC productions or the client has to provide their own USB , however the client will be notified by TC productions and in most cases Client will receive their photographs via digital delivery with printing rights. Customer(s) can request photograph(s) to be delivered via USB for an additional fee to cover the costs involved. When publishing the photos socially or commercially, TC PRODUCTIONS must be noted as the photographer. The Customer(s) must obtain written permission from TC PRODUCTIONS prior to the Customer(s), their associates, friends or relatives selling the photograph(s).
6.2. TC PRODUCTIONS will only provide any unedited photograph(s) to Customer(s) on special cases however TC productions does not promote delivering unedited photographs as it does not represent the quality TC PRODUCTIONS strives for. TC PRODUCTIONS takes pride in the edited photograph(s), and photograph(s) will not be delivered if they do not meet TC PRODUCTIONS’s quality standards. Whilst TC PRODUCTIONS’s editing style is quite complimentary, please note below, what defines TC PRODUCTIONS’s “edited” photograph(s). TC PRODUCTIONS’s edited photograph(s) may include but not limited to colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare. Some but not all the photographs you will receive from TC productions might be retouched or photoshopped effects. There is a separate photoshop service TC PRODUCTIONS offers upon Customer(s) request at additional charge unless discussed and included at the time of booking or at a later stage. Retouching/photoshopping photograph(s) can be an art form in itself, and can require extensive, skilled work. Please note, TC PRODUCTIONS may retouch photos within a collection. This is at TC PRODUCTIONS’s own discretion whilst editing, and usually does not extend beyond a handful of photograph(s). e.g. TC PRODUCTIONS may fix a large pimple or smooth the skin on what we think to be “reasonable”. For photoshopping/retouching please get in touch with TC PRODUCTIONS for our services and/or to get a quote.
Unless otherwise stated, TC productions and/or its licensors own the intellectual property rights for all material on TC productions. All intellectual property rights are reserved. You may access this from TC productions for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from TC productions
• Sell, rent or sub-license material from TC productions
• Reproduce, duplicate or copy material from TC productions
• Redistribute content from TC productions
This Agreement shall begin on the date hereof.
7. Quotations and Invoices
7.1. Quotations and Invoices are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of Customer changes and/or revisions is included in each quotation.
7.1 If the Customer instructs TC PRODUCTIONS that significant changes and/or revisions to the scope of the Services described in a quotation are required, then TC PRODUCTIONS shall be entitled to charge an additional Agree Fee based on a further quotation.
8.1. If the Customer has engaged TC PRODUCTIONS to provide Services on a specified date, the Customer may notify TC PRODUCTIONS in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).
8.2. If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
8.3. If the cancellation is made more than 48 hours prior to the day on which TC PRODUCTIONS has been engaged to provide the Services, the Customer must reimburse TC PRODUCTIONS for any expenses incurred by TC PRODUCTIONS in preparation for provision of the Services.
8.4. If the cancellation is made between 48 and 24 hours prior to the day on which TC PRODUCTIONS has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee / Invoice fee.
8.5. If the cancellation is made within 24 hours of the time at which TC PRODUCTIONS has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
8.6. If the cancellation is made while TC PRODUCTIONS is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
8.7. Any amount payable pursuant to clauses 8.3, 8.4, 8.5 or 8.6 must be paid by the Customer within 30 days of the cancellation.
The Customer will pay to TC PRODUCTIONS the Agreed Fee in the following manner:
9.1. 50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); ( upon booking ) and
9.2. The balance will be payable at least 30 days before the event date. No services will be carried out without the full payment.
9.3. TC PRODUCTIONS will not commence any pre-production activities until the Customer has paid the Deposit.
10. Variations (additional quotation applies)
10.1. TC PRODUCTIONS will provide the Customer with one (1) ‘draft copy’ of an initial edited photograph(s) file. The Customer must notify TC PRODUCTIONS of all proposed changes within seven (7) days of receipt of the draft copy by the Customer.
10.2. Once the proposed changes have been made, TC PRODUCTIONS will provide the Customer with a ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation
10.3. The Customer must notify TC PRODUCTIONS of any errors in the final draft copy within seven (7) days.
10.4. Once the seven (7) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed, TC PRODUCTIONS may refuse to make any further changes.
10.5. The Customer acknowledges that some changes may not be possible.
11. Venue Location Fees & Permissions
11.1. The Customer must obtain any necessary consent or permission and pay any fees which may apply for TC PRODUCTIONS to film at a particular venue, location or event.
12. Artistic Licence
12.1. It is the customer’s duty to obtain filming licences for the at the venue they are holding an event should this be needed. Should it happen that the authorities want the footage to be reedited to remove emblems, logos etc . The customer agrees to pay for re editing as it is their duty to find out before the event if they are allowed to film at a chosen location.
13. Customer’s Materials
13.1. Should the customer bring any materials , props etc for the use of Filming and photographing at TC productions. They must take it back as soon as we are done using it. TC productions does not have storage facilities. Should the customer continue to store any thing from our premises. TC productions will not be held liable for loss , damages or whatsoever.
15. Model Release
15.1. The Customer hereby grants to TC PRODUCTIONS and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photograph(s) of the job or customer in which the customer may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction and to copyright the same. The Customer hereby release TC PRODUCTIONS and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to TC PRODUCTIONS’s use of said photograph(s) or videos.
16. Completion Schedule
16.1. Photograph(s) are expected to be edited within 4-12 weeks after the photo shoot date. Digital Delivery is expected within this time frame but may take longer.
16.2. Prints/canvases/ albums/frames and extras will be available anywhere from 4-12 weeks, after they are ordered. These items can be picked up from TC PRODUCTIONS’s office by appointment only (please email TC PRODUCTIONS and ask for current address). Contact us if you need a mail/shipping quote.
17. Customer Undertakings and Warranties
17.1. The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer photograph(s).
17.2. The Customer indemnifies and holds TC PRODUCTIONS harmless from any claims or legal actions related to the content of the Customer’s video.
17.3. The Customer hereby indemnifies and holds harmless TC PRODUCTIONS against all loss, damage, costs or expenses suffered or incurred by TC PRODUCTIONS as a result of any breach of clauses 17.1 and 17.2.
18. Project Delays and Client Liability
18.1. Any estimate of the date by which TC PRODUCTIONS will complete any part of the Services is contingent upon the Customer(s) providing complete instructions to TC PRODUCTIONS and fully cooperating with TC PRODUCTIONS until TC PRODUCTIONS has ceased providing Services to the Customer.
18.2. The Customer(s) must appoint a person who has complete authority to provide instructions to TC PRODUCTIONS and respond to requests for feedback until TC PRODUCTIONS has ceased providing Services to the Customer.
18.3. The person appointed pursuant to clause 18.2 must be available to respond to communications from TC PRODUCTIONS on every day which is a business day in South Africa.
19.1. TC PRODUCTIONS reserves the right to sub-contract any Services that TC PRODUCTIONS has agreed to perform for the Customer as it sees fit.
20. Recorded Material
20.1.1. The Raw Footage, video files, audio files and edited video files including all copyright remain the property of TC PRODUCTIONS until full payment is made for the Services.
20.1.2. Where Services remain unpaid or in the event that a final agreed payment is not made, TC PRODUCTIONS reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
20.1.3. Copyright in all video, photograph(s), audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by TC PRODUCTIONS will remain the property of the author or legal entity owning the copyright
20.2. Special Provisions for Ownership
20.2.1. TC PRODUCTIONS reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to TC PRODUCTIONS.
20.2.2. TC PRODUCTIONS has the right to use edited or unedited photograph(s)/video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between TC PRODUCTIONS and the Customer. The copyright of such segments will belong exclusively to TC PRODUCTIONS.
20.3.1. Raw Footage, video files, audio files and edited video files will be retained for up to six (6) months only and will then be disposed of, deleted or erased. If at the end of six (6) months Services have not been paid for, TC PRODUCTIONS reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
20.4. Raw Footage (Videos Only)
20.4.1. The Customer may purchase Raw Footage in viewable format for an additional fee of R1500.00 per day of footage plus VAT. If the Customer requires any Raw Footage to be provided by way of a separate hard disk, then Customer must pay TC PRODUCTIONS an additional fee of R500.00 plus VAT.
21. Failure of Equipment or illness of TC PRODUCTIONS employees and contractors
21.1. Whilst all reasonable care and preparation is taken for photography(s) and editing, TC PRODUCTIONS will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by TC PRODUCTIONS or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
22. Right of Refusal or Termination
22.1. TC PRODUCTIONS reserves the right to terminate the provision of Services, if: the photographer(s), or any person(s) employed or contracted by TC PRODUCTIONS is placed in a position where there is an actual or apparent risk of injury; or There is a risk that any of the equipment used may be damaged.
22.2. If TC PRODUCTIONS terminates the provision of Services pursuant to clause 22.1 then any Deposit paid by the Customer is non-refundable.
22.3. Should any of the circumstances outlined in clause 22.1 occur, TC PRODUCTIONS may seek compensation from the Customer for any loss or damage suffered.
23. Limitation of Liability
23.1. The parties acknowledge that, under applicable State and South African law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, TC PRODUCTIONS will not be liable for:
23.2. Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by TC PRODUCTIONS in writing, and the liability of TC PRODUCTIONS for any such matters is hereby excluded.
23.3. Where (and to the extent) permitted by law the liability of TC PRODUCTIONS for a breach of a Non-excludable Right can be limited, TC PRODUCTIONS’s liability is limited, at TC PRODUCTIONS’s option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again.
23.4. Notwithstanding any other provision, TC PRODUCTIONS is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
23.5. Any increased costs or expenses;
23.6. Any loss of profit, revenue, business, contracts or anticipated savings;
23.7. Any loss or expense resulting from a claim by a third party; or
23.8. Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
24. Force Majeure
24.1. If TC PRODUCTIONS cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then TC PRODUCTIONS’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
25. Legal Costs
25.1. The Customer will be liable for any legal costs incurred by TC PRODUCTIONS in the recovery of unpaid invoices on an indemnity basis.
26.1. All information received by TC PRODUCTIONS from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
27. Other Matters which Affect the Contract
27.1. The laws of South Africa apply to the Contract and the Customer must bring any proceedings against TC PRODUCTIONS in a Gauteng South African Court in SOUTH AFRICA.
27.2. If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.
27.3. TC PRODUCTIONS is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for TC
28.1. TC PRODUCTIONS reserves the right to amend these Terms and Conditions at any time without notice, It is the client’s duty to check the terms and conditions before the using our website.