ORAMA - STANDARD TERMS AND CONDITIONS
The following terms apply when Orama Productions Ltd ("Orama") has been engaged by you as a Company or Individual (“Client”) to provide, create, obtain and deliver the Work.
1. In consideration for Orama agreeing to undertake the Work and satisfactorily completing the Work in accordance with the terms of this Agreement, Client agrees to pay Orama the Fee in accordance with the agreed payment schedule, upon receipt of an Invoice. All fees are exclusive of applicable taxes.
2. The Fee and scope for the Work will be agreed in advance in writing. Any additional work required outside the agreed scope will be subject to a revision of the Fee. All Work-related travel costs should be agreed in advance between Client and Orama.
3. Client Responsibilities
3.1 The Client will provide the Agency with all necessary information, materials, and approvals required for the Agency to perform the Services.
3.2 The Client will ensure that all content provided to the Agency does not infringe any third-party rights or violate any laws.
4. Orama and its Collaborators shall not be liable to the Client and/ or any person in respect of any loss or damage in whatever nature caused by or arising from any of the following circumstances: The loss, damage, destruction or theft of any property on the workplace; Loss or damage resulting from or related to the use of any equipment on the workplace. And any public liability matters or requirements pertaining to the job and location fall within the Client’s remit.
5. All documents and any other property supplied by Client to Orama to assist in the provision of the Work shall remain Client’s property. Upon termination or expiry of this Agreement Orama will immediately return to Client all property in their possession or control, which belongs to Client.
6. During the term of this Agreement, and at all times after its termination, no party will publish, disclose or use (or cause to be published or used) in any way any confidential information (acquired by a party as a result of their involvement in the Project or this Agreement) regarding the affairs or business of another party or its associated companies, except as may be strictly necessary to comply with this Agreement.
7. Solicitation of Orama Collaborators
All payments related to the works should go through Orama. Collaborators will not be paid directly by Client. Client agrees not to solicit any Collaborators introduced by Orama, nor to accept solicitation by any Collaborator, for an Exclusive Period of 12 months after the last time the Collaborator worked for Client through Orama. Client agrees to notify Orama immediately if a Collaborator attempts to solicit them. Should Client hire a Collaborator for a project during the Exclusive Period, without Orama's involvement, Client agrees to pay Orama a minimum 20% of the Collaborator's Fee for the project.
8. Usage
On receipt of payment, Orama assigns to Client an exclusive License to use the footage or finalised edit for Online usage only or internal communication within Orama. Permission to use the Content for other Usages will normally be granted based on an additional fee to be negotiated between Orama and Client. Orama where relevant to aid in cross-promotion of the footage on their channel, depending on the arrangement.
9. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the project.
This confidentiality obligation will continue for a period of 1 year after the termination of the agreement.
10. Cancellation & postponement
If a confirmed shoot is cancelled, postponed or it is necessary to reshoot for reasons outside the control of Orama, the following fees plus expenses are applicable:
Cancellation within 3 days notice = 75% of Fee. Between 4 & 13 days notice = 50% of Fee. 14 days notice and over = 15% of Fee.
11. Force Majeure
Orama will not be liable for any delay or failure to perform its obligations under this agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, and labor disputes.
12. Assignment
The Client may not assign its rights or obligations under this agreement without the prior written consent of Orama.
13. Data Storage & Transfer
Orama will keep a copy of the files, on a physical or cloud drive for 3 months following the end of the Work. Orama cannot be held responsible for files damaged due to hard/cloud drive failure. When possible Orama will transfer the files to the Client, but transfer exceeding 10GB may be subject to a fee.
14. Cancellation of subscription
Monthly subscriptions need to be cancelled with one month's notice. An additional month will be due following the cancellation notification.
15. Feedback and timelines
Once a project has started and some work is required, Orama will endeavour to respond within 48h of the notification with an update. If no feedback is received from Client within a month of the update, the project will be deemed completed. If further edits are required after a month, it will be deemed as a new project, with a separate cost.
16. This Agreement and any non-contractual obligations arising out of it shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
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By engaging the Agency, the Client acknowledges that they have read, understood, and agree to these terms and conditions.