These Terms and Conditions apply to and are incorporated into all agreements, arrangements, transactions and dealings entered into by the Company with Client in relation to the services provided by The Blue Owl Project.
All work carried out by us is on the basis that the Customer has agreed to these mentioned below TERMS AND CONDITIONS.
The supply of services shall take place in the following phases.
The Company and the Customer shall conduct a meeting to discuss and agree upon the concept of the service.
The production phase shall commence within 15 days from the end of the pre-production phase. The Company with the due assistance and complete cooperation of the Customer shall during this period make necessary arrangements for the supply of the services.
The Company shall by or on the 5th day after the end of the production phase provide the customer a maximum of 3 changes which the Customer can claim within a period of 25 days from the date of the end of the Production Phase.
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to these terms and conditions.
A Booking Fee of INR 4,000 shall be paid by the Customer to reserve the service(s) of the Company.
The Customer shall be liable to pay the Company the cost of service(s) as well as all incidental expenses incurred in supply of the said service(s).
The Payment terms will be in accordance with the Supply Phases and the payment must be made in advance at the beginning of each Phase as mutually agreed by both the parties.
The Company shall issue an invoice to the Customer in respect of services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The Company reserves the right to charge interest on overdue amounts at the rate of 5% per month above the due date of payment.
Title in the services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
The Supreme Court has mandated that any buyer of goods or services from registered MSMEs is required to make the payment on or before the agreed date of payment or within 15 days from the day they had accepted the goods or services. If the buyer delays the payment for more than 45 days after accepting the products or services then the buyer has to pay interest on the amount that was agreed to be paid. The interest rate is three times the rate that is notified by the Reserve Bank of India.
The Company retains the right to charge miscellaneous expenses namely, traveling expenses, accommodation expenses etc. (subject to proof of expenditure) incurred in providing the service(s). All miscellaneous expenses shall be charged at cost.
On account of the cancellation of order by the Customer, the Company shall not refund any payment received for a Phase of Supply already completed by the Company. The Company shall deduct 50% of the Advance received for the Cost of Service(s) as well as Cancellation Charges for the Phase of Supply not yet completed. Any payment received as reimbursement of incidental expenses incurred shall not be refunded to the Customer.
In case the Customer fails to cooperate with the Company for the arrangement of supply of Service(s) within a period of 30 days from the date of commencement of the Pre-Production Phase, the Company reserves the right to cancel this agreement and the Customer shall forfeit the advance already paid.
Unless otherwise stated in the Order, the Company retains copyright in all their Original Material.
Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the service(s).
The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
Re- Edit Procedure
The Customer shall be liable to pay additional charges (as stipulated by the Company) should it, after the end of Post Production Phase, wish to make any changes to the Service(s) supplied. A separate invoice shall be raised for the same.
Any content, view and opinion expressed in the finished works produced for the Customer by the Company 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 the Company or its employees. Thereby the Customer agrees to indemnify and hold the Company harmless from any claims or legal actions related to the Customer’s video.
Limitation of Liability
In the unlikely event of the Company being unable to supply the service(s) as specified in the Order, liability shall be limited to the amount already paid by the customer. However, the Company shall not be held liable for any delay or cancellation caused due to the lack of communication on behalf of the Customer, or any reason of force majeure namely, fire accident, lockdowns, wars, riots, strikes, natural calamities etc or equipment failure, or any other reason not directly the fault of the Company.
The Customer must ensure that all necessary arrangements have been made with and permissions obtained from people and places that may be recorded on video as a result of the Company supplying the service(s) – and that such recording is in compliance with the laws laid down in the Information Technology Act, 2000 (IT Act).
Unless otherwise agreed, the Company shall treat any information gained during the supply of the service(s) as being confidential. Likewise, the Customer shall keep confidential any methodology and/or technology used by the Company in the Supply of the service(s).
Care and Damage to Client Property
All Materials and/or Properties are used and stored by the Company solely at the Customer’s risk.
Neither the Company nor any of its employees or agents shall be liable for any loss, destruction or damage of the Materials and/or Properties other than the loss caused by their negligence however any liability for such losses shall be limited to replacement of the Materials and/ or Properties.
The Company shall not be liable in respect of any Loss of Materials and/or Properties arising out of the action of any person not employed or engaged by or associated with the Company even though such person is present during and involved with the performance of the service(s). The Customer must retain a master copy of all the Materials and/or Properties delivered to the Company.
Health and Safety
The Company and the Customer shall act in accordance with all relevant health and safety guidelines laid down by the Government of India for the COVID-19 pandemic during the term of this agreement.
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Therefore, unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the service(s) provided.
Right of Re-assignment
The Company retains the right to reassign the supply of the service(s) of the Customer to another suitable Company, should the Customer fail to comply with the terms and conditions of this Company unconditionally.
The Company reserves the right to sub-contract any Service(s) that the Company has agreed to perform for the Customer as it sees fit.
These TERMS AND CONDITIONS shall be construed under the laws of India. Any controversy or claim arising out of or in relation to these TERMS AND CONDITIONS or the validity, construction or performance or its breach thereof, shall be resolved by way of ARBITRATION in accordance with the rules and procedures of the Arbitration and Conciliation Act, 1996, under its jurisdiction in Pune, Maharashtra before a single Arbitrator.
The Company and the Customer agree hereto that they shall abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgement based upon such award and that the prevailing party on such arbitration and/or confirmation proceeding shall also be entitled to recover its reasonable lawyer’s fee and expenses. The arbitration award shall be final and binding.
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions by default.
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