In these terms and conditions, unless the context otherwise requires:
1. Consumer means any individual who acquires Maverick Media services wholly or predominately for personal, domestic or commercial use.
2. Customer means any person or entity requesting MAVERICK MEDIA to provide Services.
3. MAVERICK MEDIA means Maverick Media (Private) Limited
4. Agreed Fee means the fees estimated by MAVERICK MEDIA in any quotation once accepted by the Customer.
5. Materials means any goods, 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 MAVERICK MEDIA for the purposes of MAVERICK MEDIA supplying the Services.
6. Raw Footage means master footage recorded by MAVERICK MEDIA as part of provision of the Services.
7. Services means video pre-production, production and/or post production and other related services.
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by MAVERICK MEDIA with any Customer in relation to the provision of Services by MAVERICK MEDIA. All work carried out by MAVERICK MEDIA is on the basis that the Customer has agreed to these Terms and Conditions.
The raw footage is not provided to The Customer unless agreed otherwise in writing. The Premiere Pro timelines, After Effects, Photoshop, Final Cut, Audition are Maverick Media’s intellectual property and are not supplied.
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of MAVERICK MEDIA unless otherwise agreed in writing.
Where Services remain unpaid or in the event that a final agreed payment is not made, MAVERICK MEDIA 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. Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by MAVERICK MEDIA will remain the property of the author or legal entity owning the copyright.
The reasons for our raw footage policy are as follows:
1. Raw footage includes a great deal of material not suitable for a final edit. Therefore, releasing it after a completed job risks any poorly-edited third-party videos being wrongly associated with Maverick Media.
2. Maverick Media may lose out on future editing work, either with the Client or other potential clients as a result of clause (a).
3. SPECIAL PROVISIONS FOR OWNERSHIP
MAVERICK MEDIA 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 MAVERICK MEDIA . MAVERICK MEDIA has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between MAVERICK MEDIA and the Customer. The copyright of such segments will belong exclusively to MAVERICK MEDIA .
MAVERICK MEDIA is not obliged to keep backups of your project after completion.
If after the end of three (3) months Services have not been paid for, MAVERICK MEDIA reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
7. STAGNATING PROJECTS
Any estimate of the date by which MAVERICK MEDIA will complete any part of the Services is contingent upon the Customer providing complete instructions to MAVERICK MEDIA and fully cooperating with MAVERICK MEDIA until MAVERICK MEDIA has ceased providing Services to the Customer. The Customer must appoint a person who has complete authority to provide instructions to MAVERICK MEDIA and respond to requests for feedback until MAVERICK MEDIA has ceased providing Services to the Customer. The person appointed must be available to respond to communications from MAVERICK MEDIA on every day which is a business day in Zimbabwe.
After 1 month of inactivity from The Customer, MAVERICK MEDIA will invoice for file storage, at a cost of $150 per 500Gb (or part thereof), per business week of inactivity (or part thereof).
Projects that do not progress due to a lack of activity from The Customer will be disposed of, deleted or erased after (3) months of inactivity or non-payment of file storage fees on the first invoice due date.
8. RAW FOOTAGE
If the Customer requires any Raw Footage to be provided, then Customer must pay MAVERICK MEDIA an additional fee.
9. FILMING ON LOCATION
A day of filming includes up to 1h30mins of travel (from Harare to the location and back) and up to 5 hours on location. Our production time starts from the moment our vehicle arrives in your area (e.g. if access to parking in your area takes 30 minutes, that time is considered production time).
Overtime starts after 8 hours and is calculated at 150% of our current hourly rate.
10. FAILURE OF EQUIPMENT OR ILLNESS OF MAVERICK MEDIA EMPLOYEES AND CONTRACTORS
Whilst all reasonable care and preparation is taken for videography and editing, MAVERICK MEDIA 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 MAVERICK MEDIA or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
11. OUT OF BUSINESS HOURS, WEEKENDS AND PUBLIC HOLIDAYS
The following applies for pre-production, production and post production work.
1. Working hours prior to 8am (where our presence on location is required before 8am) and after 6pm (where our presence on location is required after 7pm) incur a surcharge which is calculated at 150% of the applicable hourly rate.
2. Filming hours on weekends incur a surcharge which is calculated at 150% of the applicable hourly rate.
3. Filming hours on public holidays incur a surcharge which is calculated at 200% of the applicable hourly rate.
12. YOUR RESPONSIBILITIES
You must do all things reasonably necessary, and supply MAVERICK MEDIA in a timely fashion with all materials reasonably required by MAVERICK MEDIA, in order for MAVERICK MEDIA to perform the services. This may include without limitation supplying copy, photographs and other visual or audio- visual material, and if required, performing sub-editing and copywriting.
Without limiting MAVERICK MEDIA rights under this agreement, if MAVERICK MEDIA is unable to complete any services because of your actions or omissions, or if you instruct MAVERICK MEDIA to cease or postpone any work, MAVERICK MEDIA may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.
MAVERICK MEDIA accepts no responsibility for errors that you do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which you or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by you after sign-off.
13. VENUE LOCATION FEES & PERMISSIONS
Unless otherwise agreed in writing, The Customer must obtain any necessary consent or permission and pay any fees which may apply for MAVERICK MEDIA to film at a particular venue, location or event.
14. POST PRODUCTION AMENDMENTS
A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of 4 rounds of amendments applies.
MAVERICK MEDIA will provide the Customer with ‘version one (1)’ of an initial edited video file. The Customer must notify MAVERICK MEDIA of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments.
Once the proposed changes have been made, MAVERICK MEDIA will provide the Customer with the ‘version two (2)’. The Customer must notify MAVERICK MEDIA of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round two (2)’ of amendments.
The same procedure as above applies up to the 4th allowable amendment.
Once the proposed changes have been made, MAVERICK MEDIA will provide the Customer with the final version in the agreed format, or the ‘version five (5)’, which follows the same procedure as previous rounds.
Additional rounds of amendments, over the agreed amount or default number of four (4), will be charged at our applicable post production hourly rate and added to the final invoice.
Please be aware each round of amendments (even for a short sequence) takes a considerable amount of time to check, render & upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required.
15. ARTISTIC LICENCE
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. MAVERICK MEDIA reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re- editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re- editing will be provided by MAVERICK MEDIA on request (see ‘post production amendments’ above)
MAVERICK MEDIA reserves the right to sub-contract any Services that MAVERICK MEDIA has agreed to perform for the Customer as it sees fit.
Unless otherwise specified in writing, MAVERICK MEDIA reserve the right to use the raw footage and final edit(s) for their own marketing purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.
18. RIGHT OF REFUSAL OR TERMINATION
MAVERICK MEDIA reserves the right to terminate the provision of Services, if:
1. the videographer, or any person(s) employed or contracted by MAVERICK MEDIA is placed in a position where there is an actual or apparent risk of injury; or
2. there is a risk that any of the equipment used may be damaged.
If MAVERICK MEDIA terminates the provision of Services then any Deposit paid by the Customer is non-refundable. MAVERICK MEDIA may seek compensation from the Customer for any loss or damage suffered.
19. LIMITATION OF LIABILITY
The parties acknowledge that, under applicable Zimbabwean laws, 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, MAVERICK MEDIA will not be liable for:
1. 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, Zimbabwean law, equity, trade, custom, usage or otherwise; and
2. Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by MAVERICK MEDIA in writing, and
3. the liability of MAVERICK MEDIA for any such matters is hereby excluded.
Where (and to the extent) permitted by law the liability of MAVERICK MEDIA for a breach of a Non-excludable Right can be limited, MAVERICK MEDIA ’s liability is limited, at MAVERICK MEDIA ’s option, to one of the following:
4. The supply of the service again; or
5. Payment for the cost of having the services supplied again.
Notwithstanding any other provision, MAVERICK MEDIA is in no circumstance (whatever the cause) liable in contract, delict (including without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
6. Any increased costs or expenses;
7. Any loss of profit, revenue, business, contracts or anticipated savings;
8. Any loss or expense resulting from a claim by a third party; or
9. Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
20. FORCE MAJEURE
If MAVERICK MEDIA 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 MAVERICK MEDIA ’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
If the Customer has engaged and confirmed MAVERICK MEDIA to provide Services on a specified date, the Customer may notify MAVERICK MEDIA in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). 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.
A booking is ‘tentative’ until it is ‘confirmed’ in writing by MAVERICK MEDIA or the Customer. If required, MAVERICK MEDIA will seek confirmation in writing for a booking to be ‘confirmed’ after which the date will be released if no confirmation is received within 24 hours from the Customer.
1. If the cancellation is made more than 20 days prior to the day on which MAVERICK MEDIA has been engaged to provide the Services, the Customer must reimburse MAVERICK MEDIA for any expenses incurred by MAVERICK MEDIA in preparation for provision of the Services.
2. If the cancellation is made between 20 days and 9 days prior to the day on which MAVERICK MEDIA has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.
3. If the cancellation is made between 8 days and 48 hours prior to the day on which MAVERICK MEDIA has been engaged to provide the Services, the Customer must pay 75% of the Agreed Fee.
4. If the cancellation is made within 48 hours of the time at which MAVERICK MEDIA has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
5. If the cancellation is made while MAVERICK MEDIA is providing Services to the Customer, the Customer must pay the Agreed Fee in full. Any amount payable must be paid by the Customer within 14 days of the cancellation.
22. CUSTOMER’S MATERIALS
All Materials are used and stored by MAVERICK MEDIA solely at the Customer’s risk and MAVERICK MEDIA is under no obligation to insure any Materials. Neither MAVERICK MEDIA nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; MAVERICK MEDIA will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with MAVERICK MEDIA even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of each and every recording delivered to MAVERICK MEDIA for the purposes of the Contract.
23. CUSTOMER ACKNOWLEDGEMENTS
The Customer acknowledges and agrees that: MAVERICK MEDIA will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by MAVERICK MEDIA will be transferred to the Customer until the Customer pays all amounts due to MAVERICK MEDIA in full.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to MAVERICK MEDIA , the Customer is entitled to receive the finished works, but has no entitlement to the working files of MAVERICK MEDIA . The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by MAVERICK MEDIA are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of MAVERICK MEDIA , its employees and subcontractors.
24. CUSTOMER UNDERTAKINGS AND WARRANTIES
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 video. The Customer indemnifies and holds MAVERICK MEDIA harmless from any claims or legal actions related to the content of the Customer’s video. The Customer hereby indemnifies and holds harmless MAVERICK MEDIA against all loss, damage, costs or expenses suffered or incurred by MAVERICK MEDIA .
All efforts are put into providing accurate quotes for video productions. Some video productions, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) weather, venue availability etc. In the event additional costs are required, we will advise you as soon as possible. MAVERICK MEDIA takes no responsibility for extra costs due to reasons outside of their control. It will be assumed and accepted by The Customer that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.
26. CUSTOMER PAYMENT
All reasonable disbursements and out-of-pocket expenses (such as parking) incurred by MAVERICK MEDIA in connection with the relevant work are added to the fees payable by MAVERICK MEDIA and must be paid by you – i.e. we add these to the final invoice and are NOT included in the quotation.
Without limiting the foregoing, any estimates provided by MAVERICK MEDIA for any stage of work will, unless expressly stated to the contrary, include an estimate of any reasonably foreseeable disbursements and expenses.
The disbursements and expenses incurred by MAVERICK MEDIA may include, without limitation, those pertaining to copywriting, illustration, photographic and other services, models, film, processing, printing, materials, equipment, couriers, catering, on-line time, postage and sundries. MAVERICK MEDIA may charge a reasonable agency fee on the cost of any “bought-ins”, in addition to that cost. “Bought-ins” may include without limitation disbursements for copywriting, illustration, photography, models, printing and other materials.
You acknowledge that third party suppliers may change their own fees or costing structure, in which case MAVERICK MEDIA will endeavour where possible to revise any estimates accordingly, however you must pay the full amount of any disbursements incurred by MAVERICK MEDIA.
Payment of video productions or products must be completed according to the terms, by EFT, Cash or Cheque.
For regular clients and / or smaller jobs, Producer will not normally require a deposit, and 100% of the budget will normally be billed upon completion, though for larger budgets a deposit may be asked for.
28. LATE PAYMENT FEES AND LEGAL COSTS
All prices quoted are final unless otherwise stated, strictly payable as per the terms on the front of the invoice. In the event of payment not being received by us in full by the due date for payment, our late payment policy applies. This policy is clearly stated on all our formal quotations and invoices.
The charging of late payment penalties does not imply the granting of any extension of the credit terms above. The Customer will be liable for any legal costs incurred by MAVERICK MEDIA in the recovery of unpaid invoices.
29. POSTAGE & HANDLING
All postage & handling is charged on final invoice. MAVERICK MEDIA takes no responsibility for items lost in the mail. It is the responsibility of The Customer to request additional postage services, such as insurance and/or registered post.
30. TRANSACTING WITH MAVERICK MEDIA
All prices shown on this site are in United States Dollars (USD) and all transactions are conducted in United States Dollars and RTGS equivalent. Our bank details are set out on our invoices.
All information received by MAVERICK MEDIA 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.
32. OTHER MATTERS WHICH AFFECT THE CONTRACT
The laws of Zimbabwe apply to these terms and conditions and the Customer must bring any proceedings against MAVERICK MEDIA in a Zimbabwean Court or court with the requisite jurisdiction in respect of the matter. If a clause/condition or part of a clause/condition in an agreement (such as service level agreements or other contracts entered into with a customer) is unenforceable or in conflict with the provisions of these terms and conditions, these terms and conditions must prevail and where appropriate such clause/condition must be severed from the Contract
MAVERICK MEDIA is not bound by any waiver, discharge or release of a condition or any agreement which materially changes these terms and conditions.
MAVERICK MEDIA reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice. The most up to date copy of these Terms & Conditions are always available at: www.maverickmedia.co.zw/termsandconditions/