Zuzi Seoka and the Client undertake to be bound by the following:
1. By making any payment to Zuzi Seoka, sending an official Purchase Order or an email confirming quotation acceptance or booking our services you agree to the Zuzi Seoka terms and conditions which you have familiarized yourself with and understand. You also warrant that you are duly authorized thereto.
2. Zuzi Seoka may contract the services of an independent contractor to perform the required services for a particular Client, 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.
3. The Zuzi Seoka appointed photographer/videographer will render services to the best of his/her ability during the event as directed from time to time by the Client or any other person duly authorised by the Client.
4. The Zuzi Seoka appointed photographer/videographer shall not be responsible for photographs/footage not captured/recorded as a result of the Client’s failure to provide reasonable assistance or cooperation.
5. Zuzi Seoka may be required to secure studio or other premises or location in order to comply with the Client’s 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 Client and for which it is liable independent of the invoiced services.
6. Official purchase orders/signed quotations and emails from the Client shall be accepted so that In the event of a dispute as to the validity of any order, Zuzi Seoka shall be entitled to rely upon the validity of the emailed communication/signed quotation or purchase order from the Client.
7. The Client chooses as its address for the service of documents upon it the address stipulated on its purchase order or emailed address, and Zuzi Seoka at the address on its invoice.
8. 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.
9. Payments in terms of invoices are to be made upon receipt of invoice, and in the event of any failure to make timeous payment, Zuzi Seoka reserves the right to institute action for recovery of all amounts owing to it by the Client, together with interest and costs on the attorney and own Client scale. Defaulting debtors may be listed with a credit bureau. Clients 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.
10. Zuzi Seoka retains full copyright for the photographs/footage produced/recorded by its photographer/videographer for the Client unless agreed to in writing and signed by both Client and duly authorised Zuzi Seoka representative. Clients may use material produced only for the purposes that appear on the invoice/quotation submitted by Zuzi Seoka.
11. Zuzi Seoka may use selected photographs for promotional purposes to showcase our photographic offering in mediums such as magazines newspapers and business cards, website and DVD promos that could be aired on TV.
12. Bookings are confirmed once 50% of the total invoice is paid to Zuzi Seoka prior to the provision of the service. The balance is due upon the delivery of the product.
13. Original files remain the property of Zuzi Seoka.
14. All negatives and soft copy backups of images/footage will be kept for a maximum time of six months and may thereafter be deleted by Zuzi Seoka. All orders should be placed with the Zuzi Seoka before the end of the six month period, starting from the booked date, and the Zuzi Seoka will not be liable for failure to produce any orders placed after this time
15. In the event that the Client has issued an official order/payment to Zuzi Seoka and the Client cancels the booking, for any reason whatsoever, the following cancellation fees will apply:
15.1. A 50% cancellation fee is payable should the booking be cancelled or postponed within 5 days prior to booked date.
15.2. A 75% cancellation fee is payable should the booking be cancelled or postponed within 72 hours prior to booked date.
15.3. A 100% cancellation fee is payable should the booking be cancelled or postponed within 24 hours prior to booked date. All disbursements paid by Zuzi Seoka as at the date of cancellation shall be payable by the Client.
16. 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 Zuzi Seoka or Zuzi Seoka will supply a photographer who is equally skilled as a replacement.
17. Any amendment or variation to these terms and conditions must be agreed to in writing and signed by both parties.