Terms and conditions

Terms and conditions

 

By using or browsing this website (the “Site”) of Reborn Studios (the “Company”), you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use this Site. We may change these Terms and Conditions at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms and Conditions. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them. 

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information) (1) to satisfy any law, regulation, or government request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of the Company, its affiliates, and you. 

Disclaimer of Warranties and Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED BY THE COMPANY “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. THE COMPANY WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD-PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE. 

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law. 

Indemnification

You agree to indemnify and hold harmless the Company from any third-party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party. 

Applicable Laws

This Site and the Contents are displayed solely for the purpose of promoting the Company’s available services. This Site is controlled and operated by the Company from its offices in South Africa. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the substantive laws of South Africa, under the exclusion of the South African Constitution and international treaties, in particular the Vienna Convention on the International Sale of Goods dated 23 May 1969. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions. 

 

Video Productions:

A Watermark (copyright protection) will be added to all videos before approval. 

No Song and/or Video-production will be released until the invoiced amount is paid in FULL.

The product delivered to the client after payment has been received in full is deemed to constitute the work performed by the Company.

All “separates”, files and other intellectual property remains the property of the Company at all times, and such property will not pass to a client AT ANY time, unless reduced to writing and consented to by a duly authorized representative of the Company.

Review Period:

After a project and the resultant production has been completed, a client is entitled to a Review Period of seven (7) days in which to review the preliminary product.

During this Review Period, three (3) sessions dedicated to changes is INCLUDED in the invoiced amount.

Any additional amendments, AFTER the 3 included sessions has been utilized, requested by the client will be charged at standard rates per session an estimated quotation which will be reduced to writing by the Company and MUST be accepted by the client BEFORE any such changes will be performed.

Once a client is satisfied with the preliminary product received and no further amendments is required, whether such relates to the 3 sessions included or otherwise, an Acceptance Form will be reduced to writing which MUST be signed by the client before the product is released as a Final Product.

At the end of the seven (7) days Review Period, a preliminary product will be deemed to be a Final Product and will be deemed as a Completed Project, such which is no longer subject to change, unless specifically agreed to by the Company, such agreement which is completely subject to the prerogative of the Company to either accept OR decline.

Any additional charges relating to such amendments will be reduced to writing by the Company and MUST be accepted by the client BEFORE any such changes will be performed.

Retention Period of Data related to Completed Project

The Company reserves the right to delete after a period of fourteen (14) days, all data files related to a Final Product which has been deemed as a Completed Project.

NO variation hereof will be entertained by the Company unless specifically requested by the client and agreed to by the Company in writing at least three (3) days before such fourteen (14) day period has lapsed.

Once deletion has been affected, you agree that such data files is NOT recoverable by ANY means.

Storyboards

As per pricing packages made readily available on this Site by the Company, some video production packages require a client to provide their own Storyboard.

In the event that such package is purchased, the client hereby agrees that such Storyboard must be complete and sufficient for the purposes of the production to be completed.

Though the Company or any of their representatives may suggest, advise or recommend certain changes of their own accord, the Company expressly states that Storyboards will NOT be written by their representatives unless specifically quoted for and accepted by the client.

Any amendments to the Storyboard required to be made by the Company will be charged at standard rates.

Should the representative/s of the Company arrive at a location and a Storyboard is either insufficient or incomplete, the Company retain their rights to instruct such representative to abandon the location and/or project, costs of travelling or other expenses by the Company related to such project to be invoiced to the client.

Should the Company decide at their own prerogative to intervene and either re-write or amend a Storyboard supplied by a client on location, the Company retains their rights to charge for such additional work at standard rates.

Location
In instances where a package is purchased by a client which include sourcing and securing of Location for the purposes of productions by the client and the client obtains any Private Property as Location, the Company requires authorization by the owner of such Location in writing to be supplied that such Location may be accessed and used for the purposes intended.

Such authorization, MUST include:

  • The date/s authorized for access and use
  • Any limits or exceptions related to use of the Location so authorized
  • The name and contact details of the person authorizing same

The Company will not be held liable, directly or indirectly, by any client OR Third Party if such authorization was illicitly obtained or after the fact, is revealed to not have been authorized as presumed.

Actors/Cast

In any event where a client is responsible for procuring or supplying any actors, dancers, cast or crew related to any production appointed to the Company, the Company requires the client to obtain the written consent of EVERY such actor, dancer, cast or crew member that their performance, skills or work may be used in the intended project and production of the Company, and that such actor, dancer, cast or crew member relinquish and waiver any rights to the project due to their skills or performance to the Company, unless such skills or performance is performed in relation to a contract with the client relating to any reward or remuneration, for which such client remains solely responsible and no claim against the Company for performance in relation to such contract will be entertained, unless the Company was a party to the contract and so authorized by the Company in writing.

Reimbursement of Company Expenses

Any reasonable costs and/or expenses incurred by the Company in direct relation to the project of a client, and such project is abandoned or postponed either due to:

  • Non-authorization of a Location
  • Incomplete or Insufficient Storyboards
  • Absenteeism of the cast or a cast member
  • Any other reason not due to the negligence of the Company,

Will be invoiced by the Company to the client and will be paid by the client to the Company within a reasonable timeframe or as agreed to between the Company and the responsible client.

 

Audio Productions

In Regards to “Instalment Deals”:

No production will be released until the full amount outstanding is paid.

In the case of late payments, or non-payments, in the event that the artist lapses more than 3 times after the inception date on any term of an Instalment Agreement, the Company retains the right to delete the project without consent of or any notice to the client.

After the project is completed, it will be delivered to the client via digital platforms, NO hard copies will be delivered to a client under any circumstances. 

All “separates”, files and other intellectual property remains the property of the Company at all times, and such property will not pass to a client AT ANY time, unless reduced to writing and consented to by a duly authorized representative of the Company.

Review Period:

After a project and the resultant production has been completed, a client is entitled to a Review Period of three (3) days in which to review the preliminary product.

During this Review Period, two (2) sessions dedicated to changes is INCLUDED in the invoiced amount.

Any additional amendments, AFTER the 2 included sessions has been utilized, requested by the client will be charged at standard rates per session an estimated quotation which will be reduced to writing by the Company and MUST be accepted by the client BEFORE any such changes will be performed.

Once a client is satisfied with the preliminary product received and no further amendments is required, whether such relates to the 2 sessions included or otherwise, an Acceptance Form will be reduced to writing which MUST be signed by the client before the product is released as a Final Product.

Retention Period of Data related to Completed Project

The Company reserves the right to delete after a period of three (3) months, all data files related to a Final Product which has been deemed as a Completed Project.

NO variation hereof will be entertained by the Company unless specifically requested by the client and agreed to by the Company in writing at least seven (7) days before such three (3) month period has lapsed.

Once deletion has been affected, you agree that such data files is NOT recoverable by ANY means.

All backups of the projects is the responsibility the client.

If a client wishes to receive “separates”, same MUST be requested from the Company in writing BEFORE the Data Retention Period has lapsed.

Relating to Songwriting:

If Reborn Studios writes a song or co-write a song, all registration as required by applicable Law in South Africa will be done by the Company according to work done.

As per pricing packages made readily available on this Site by the Company, some song production packages require a client to provide their own Lyrics/Demo’s.

In the event that such package is purchased, the client hereby agrees that such Songwriting must be complete and sufficient for the purposes of the production to be completed on the date scheduled for recording.

Though the Company or any of their representatives may suggest, advise or recommend certain changes of their own accord, the Company expressly states that Songwriting will NOT be done by their representatives unless specifically quoted for and accepted by the client.

Any amendments to the Lyrics/Melody as supplied by the client and required to be made by the Company due to insufficiency or incompletion will be charged at standard rates.

Should the representative/s of the Company attend a scheduled recording session and the Lyrics/Melody is either insufficient or incomplete, the Company retain their rights to instruct such representative to abandon the session, any reasonable expenses by the Company related to such session to be invoiced to the client.

Co-vocalists, backup vocalists and musicians

In any event where a client is responsible for procuring or supplying any co-vocalist, backup vocalist and/or musicians related to any production appointed to the Company, the Company requires the client to obtain the written consent of EVERY such co- vocalist, backup vocalist and/or musician that their performance, skills or work may be used in the intended project and production of the Company, and that such co- vocalist, backup vocalist and/or musician relinquish and waiver any rights to the project due to their skills or performance to the Company, unless such skills or performance is performed in relation to a contract with the client relating to any reward or remuneration, for which such client remains solely responsible and no claim against the Company for performance in relation to such contract will be entertained, UNLESS the Company was a party to the contract and so authorized by the Company in writing.

Reimbursement of Company Expenses

Any reasonable costs and/or expenses incurred by the Company in direct relation to the project of a client, and such project is abandoned or postponed either due to:

  • Incomplete Songwriting
  • Absenteeism of any vocalist, co-vocalist, backup vocalist or musician
  • Any other reason NOT due to the negligence of the Company,

Will be invoiced by the Company to the client and will be paid by the client to the Company within a reasonable timeframe or as agreed to between the Company and the responsible client.