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Shine the way366cc t/a SkyPixels.co.za – Standard Terms & Conditions

*INDEMNIFICATION, COPYRIGHT, INTELLECTUAL PROPERTY OWNERSHIP & DISCLAIMER:

1.The client indemnifies Shine the way 366cc and keeps it fully indemnified from and against any claim or demand made by any third party and/or from or against any loss, damage or liability which Shine the way 366cc suffer or incur (including legal costs and expenses on the attorney and own client scale and other professional costs and expenses incurred) as a result of or in connection with any information or pictures which is false, misleading, inaccurate, defamatory or an infringement of the intellectual property rights of any such third party, including without limitation, any trade mark or copyright infringement. 

2. No product will contain any explicit sexual, sexually provocative, or pornographic content, political propaganda or religious markings, or seemingly "spiritual” information or symbols of any kind. Shine the way 366cc may refuse to produce or continue with any product/service if it feels that its integrity and/or morals will be compromised, the client will then need to make alternative arrangements to produce/complete the require product or come to a suitable negotiation with 1001.

3. Unless there is a written contract between the Client and Shine the way366cc, this Agreement contains the entire agreement between Shine the way366cc and the Client and supersedes all earlier conduct and prior agreements and understandings between the Parties. This Agreement commences on the date the Client makes a Booking with Shine the way366cc or its booking agents.  Where there is a written contract between the Client and Shine the way366cc, the contracts terms and conditions shall prevail. No variation of this Agreement will be effective unless in writing and signed or agreed to in an email by Shine the way366cc and the Client.  All Bookings accepted by Shine the way366cc are subject to suitable weather conditions. The Client agrees that any deposits paid by the Client are not refundable should a Booking be cancelled or postponed by the client.(The clients account will be credited).  Shine the way366cc will assess the weather conditions on the day and make the final decision if the job will proceed, for safety of the public, machine and operator/pilot & assistant.

If requested by Shine the way366cc, the Client agrees to pay a 50% deposit of the estimated Fees no later than 7 days prior to the scheduled booking date.
The outstanding balance of the Fees within 7 days of a final invoice issued by Shine the way366cc. Shine the way366cc will withhold all Client material until all outstanding fees are paid in full. If a booking is cancelled due to weather, Shine the way366cc will credit the clients account for the full amount of the shoot/rate charged. 

4. All deposits and/or monies paid are non-refundable, no cash refunds will be made. For cancellations, reschedules and/or postponements, Shine the way 366cc will credit your account with the agreed amount. (Please note: For shoots we do a lot of pre-shoot preparation and sometimes swop bookings to accommodate our clients urgent needs. Sometimes we have to turn away business so when you reschedule or postpone, we are out of pocket until and if the shoot actually happens. Thus your account is credited and no cash refunds are made.)  Payment of deposit will serve as acceptance of quotes and our terms and conditions of sale. Final payments will serve as notification that the client is fully satisfied with our services and products delivered.

5. 1.The Client acknowledges and warrants that it:
(a) Is satisfied as to the suitability and fitness for purpose of the Services and accepts, and assumes any risk associated with its use of the Services; and
(b) Accepts liability for and assumes the risk of all costs, fees, losses, expenses and damages it may suffer or incur arising out of or in connection with its use of the Services.
(c) Shine the way 366cc is not liable to the Client for any indirect, consequential, special or economic loss or damage (including without limitation loss of data, loss of time, loss of profits, loss of revenue, failure to complete projects due to poor weather, loss of contracts, loss of goodwill, third party claim or punitive damages) whether in contract, tort (including negligence), statute or otherwise arising in any way from the use of the Services provided by Shine the way 366cc under this Agreement or otherwise resulting from any act or omission of Shine the way 366cc.

E.&O.E.

 

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