Acceptance of Terms
Black Diamond Films permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our suppliers’ terms and conditions, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Black Diamond Films pty. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Black Diamond Films representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material, which is defamatory, offensive, and unlawful or contains hate speech.
While Black Diamond Films takes reasonable measures to ensure that the contents of this Website are accurate and complete, Black Diamond Films makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Black Diamond Films reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Black Diamond Films will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Black Diamond Films also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Black Diamond Films does not accept any responsibility for any errors or omissions on this Website.
VIDEO SERVICE AGREEMENT
Please make sure that you read and understand everything before signing. Notification to the Data subject when supplying Personal Information: The data subject (client/consumer) must take note of the following fact when supplying personal information to the responsible party (supplier) or authorised agent during the course of the relationship between the parties: a) All the information supplied by the data subject will be recorded and processed regardless of form or medium in which the information was supplied. b) The responsible party’s name and address: Black Diamond Films, Dock Road Junction, V&A Waterfront, Cape Town, 8001. c) The Personal Information is collected for the following purpose: To enable Black Diamond Films to deliver goods to its clients and for billing purposes (where applicable). d) The Personal Information supplied is voluntary/ mandatory (delete which is not applicable) and if applicable authorised or required by the following Acts: Protection of Personal Information Act e) The Personal Information processed by the responsible party will not transfer the Personal Information to a third country or International organization and if transferred the following security measures are in place to protect the Personal Information that will be transferred: f) The following consequences will apply if the data subject fails to provide accurate Personal Information: g) The data subject has the right at any time to rectify the Personal Information collected, object to the processing of Personal Information (subject to legislation) and to lodge a complaint at the Information Regulator with contact details) The responsible party may use the personal information collected from the data subject for purpose of direct marketing of other services/goods from the responsible party. Please indicate “NO” if you would like to opt out of this option: Contact details of Black Diamond Films (Pty) Ltd: Telephone numbers: 0794308286 Address: Dock Road Junction, V&A Waterfront, Cape Town, 8001. Information Officer: Mr. Rudolf van Zyl All enquiries must be addressed to the Information Officer and Mr. Rudi van Zyl.
For the purpose of this agreement, “the videographer(s)” shall refer to Black Diamond Films or, any videographer(s)/ second videographer(s) and/or assistant(s) appointed by Black Diamond Films. This agreement is deemed as accepted when payment of the 50% deposit fee is made. The due performance of the agreement is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the Black Diamond Films in writing.
2. FEES AND PAYMENT
A 50% booking fee is required in advance upon booking Black Diamond Films’s services. The booking will only be secured when the full booking fee has been received. The booking fee is non-refundable in case of cancellation or date change by client, to secure the videographer’s services for the day, and is to be paid immediately to secure booking. The amount still outstanding must be paid 5 working days before the event. Upgrade of packages and extras are payable at time of ordering. Should the client wish to have the shoot or wedding video material to be done on a location which requires a permit or additional fees for using the location, it will be the responsibility of the client. The packages offered by Black Diamond Films does not provide for such expenses. Only payments by EFT or cash deposit will be accepted – no cash payments will be accepted.
If alterations are made to the booking by the client(s) once details have been confirmed, it is the client’s responsibility to inform Black Diamond Films immediately. If the videographer(s) should be unable to accommodate alternative arrangements (such as the change of ceremony or venue/date/time) the videographer(s) are not liable to compensate the client(s) in any way whatsoever. In the highly unlikely event of cancellation by Black Diamond Films, or unavoidable total equipment failure, the videographers’ liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable, but the videographer(s) will not be responsible for any further costs. Black Diamond Films will endeavour to appoint other videographer(s) in the unlikely event that they are unable to attend a booking.
4. SECOND VIDEOGRAPHER(S) & ASSISTANT(S)
It is understood and agreed that no other videographer will be allowed to film at the event. Snapshot cameras of guests are welcome – they must however not interrupt during the shoot while Black Diamond Films is working.
3. RIGHTS TO VIDEO MATERIAL
The video material is intellectual property of Black Diamond Films. By accepting this agreement with payment of the booking fee, the client hereby allows Black Diamond Films to display any video material covered by this agreement and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the video material are used lawfully and without damage to the client. The client also releases Black Diamond Films from any claims of remuneration, associated with the use of the videography.
6. VIDEOGRAPHER DISCRETION
By signing this agreement, the client agrees that Black Diamond Films was chosen as the videographer for the specific style, and accepts and acknowledges that Black Diamond Films and any other videographer(s) and/or assistant(s) working under Black Diamond Films has their own unique style, and that the discretion and judgement of Black Diamond Films is accepted regarding poses, lighting, shooting, editing and printing.
7. PRODUCT DELIVERY, SELECTION, EDITING & EDITING TIME
9-12 Weeks after the day of event must be given for all video material to be edited. The client shall refrain from contacting Black Diamond Films to inquire whether and when the video will be done; all such requests on progress will be disregarded. Black Diamond Films will contact the client as soon as the video and final goods are ready for collection. No other person except the videographer is allowed to re-edit the footage, if the client wishes to have his/her footage edited in any other way, the videographer should be the one to do so, however, extra costs will be involved for editing time. Only if written permission is acquired from the videographer, another person may edit/enhance the footage. This is solely to protect the name and reputation of the videographer.
8. HOURS & MEALS
Black Diamond Films requires the client to provide a meal and seating for the videographer(s) and assistant(s) where their total number of hours of working is 5 hours or more. The total hours included in the clients’ package includes travel time and working time from the moment the videographer arrives at the first location to the time the videographer leaves the last location. Should the wedding/event/shoot not go according to schedule, any extra hours incurred will be billed additionally at R1500, 00 per hour. No discount will be given for already booked hours if the wedding finishes earlier than planned.
Traveling cost will be charged at R4.00 per kilometer travelled on the day in relation to the event. A discount will be given after 200 kilometers should the client arrange so with Black Diamond Films. Any additional traveling required on the day which was not included on the estimate or made known to Black Diamond Films beforehand, will be subject to payment by the client. Black Diamond Films does not subtract the initial traveling time to the first location, and from the last location, from the hours covered in the package. Only the time travelled between locations (e.g., from the church to the venue) will be subtracted from the hours covered in the package. Additional orders of prints and/or albums after the initial order has been printed and collected will be subject to additional traveling and delivery costs.
Should the traveling extend 100km and the filming ends anything from 10PM, the client will be required to provide separate and private accommodation to Black Diamond Films videographer as well as the second shooter(s) and/or assistant(s). Should the traveling time extent 2 hours from Black Diamond Films offices, accommodation must be provided to Black Diamond Films’s videographer and second shooter and/or assistant regardless of the time the filming ends.
11. TIME ALLOCATION
Should there not be enough time allocated by the client for each shoot, Black Diamond Films cannot be held responsible if there are not an adequate amount of video taken. A detailed program should be provided to Black Diamond Films two weeks prior to the event to give enough time to discuss and amend certain detail / times should it be necessary. The client must take Black Diamond Films into account when deciding what time of day to do certain shoots. Any details concerning shoot times must be discussed with Black Diamond Films before arrangements and schedules are finalised.
12. WEATHER / CLIMATE CIRCUMSTANCES
In the event of unfavourable weather / climate circumstance, Black Diamond Films cannot be held responsible for producing fewer video material than estimated, or for video material that may be impossible or unpractical to shoot in the weather / climate circumstances. No refund or discount will be given in such events. A re-shoot may be arranged; however, additional cost may be involved.
13. LICENSE & COVERAGE
In certain cases, it is possible to acquire a license, allowing the videographer(s) permission to videography the venue or parts thereof. If a license should be obtained to allow the videographer(s) to film within or around such venues, the client would be responsible in obtaining such a license. If the client fails to do so, the videographer(s) cannot be held responsible for limited coverage in such cases. 5 Whilst the videographer(s) shall endeavour to fulfil all the clients’ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Although every effort will be made to comply with the clients’ requirements. The videographers’ judgment regarding the location, poses and number of footage taken shall be deemed correct.
14. SCHEDULE AND QUALITY CONTROL ∙ COMPATIBILITY:
Black Diamond Films produces industry-standard media that is compatible with virtually all players in South Africa. Black Diamond Films is not responsible for incompatibility with any media format created and the client’s player. If it is determined that the media is defective, Black Diamond Films will replace the media at no additional charge if notified within (14) fourteen days after pickup or delivery of the finished production, less shipping and handling. ∙ We will assume that you accept the quality of the finished video, unless you tell us to the contrary in writing within 1 week of the USB’s being send/delivered to you. If you do notify us within that period, you must also tell us what your complaints are, in as much detail as possible. If we do not receive any complaint within that period, we shall be entitled to assume that you are satisfied with it and we will then be under no further obligation to accept any complaint, unless we then agree. ∙ We will use all reasonable efforts to deal with any complaints promptly and if it is something that is justified and we can remedy, we will do so. If we do not consider your complaint to be valid, then we will tell you promptly. ∙ The finished edited production will remain on the Black Diamond Films workstation for (14) fourteen days following the notification of its completion. After (14) fourteen days, the finished edited production will be deleted from Black Diamond Films’s workstation and will be unrecoverable for any future re-editing. Black Diamond Films will maintain a backup copy of your finished production for three-months (from the date of completion) under which extra sub-master copies can be made. After the three-month period, the finished production file will be permanently deleted from our records. If backup data is lost due to equipment failure or uncontrollable/unforeseen events such as fire, theft, or acts of nature, Black Diamond Films may not be held liable, and with no consideration for additional fees or expenses.
15. PERSONAL INJURY OR DAMAGE TO PRIVATE PROPERTY / BELONGINGS
Black Diamond Films does not take any responsibility for any injuries that may arise throughout the day or part of the shoot, or for any personal belonging that may be damaged during a shoot, where such injuries or damages is beyond the reasonable control of Black Diamond Films. Black Diamond Films will however ensure that all videography equipment is placed and handled up to safety standards, but take no liability, should this equipment cause any injuries to the clients, guests, staff or anybody present at the wedding. All poses will be done out of free will and will not be forced onto the client/s. Black Diamond Films takes no responsibility for any permanent damage that may be done to the wedding dress and/or other clothing during the shoot, where such damage caused is beyond the reasonable control of Black Diamond Films.
16. MUSICAL SELECTION FOR ALL VIDEOS
Please Dropbox / WeTransfer / Google Drive share all your music choices for your video and highlight along with your Post Checklist. Please make sure that we receive it on or before the day of your event. We cannot start editing until we receive the completed form with songs in mp3 format.