PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
Thank you for choosing Still Motion Pictures to assist you in preserving and presenting your treasured memories.
For the purpose of this document:
"The customer/client" shall mean any person, company or entity ordering any services from Still Motion Pictures CC, product offerings and "My /We/US" shall mean Still Motion Pictures CC, the Company managing, developing, suppliers, offering the service, its employees, directors and shareholders.
1. Acceptance of orders
All orders are accepted according to these terms and conditions.
Photos are supplied in digital format on a disc or flash drive and delivered to Still Motion Pictures, along with order form and questionnaire, by hand, courier or postage. (Please refer to pricelist for amount of photos needed). Order forms may be emailed or faxed.
- Photos that need to be scanned incur an additional cost. (Please refer to price list).
- Shall a client need assistance in transfer of digital images onto a media type, an additional “management” fee of R200 shall be charged.
- Once photos are received, a 50% deposit is required in order for the proposed project to commence.
- One the project has been completed, the balance of payment is due before delivery of the article. The project remains the ownership of Still Motion Pictures until final payment has been received.
- With the DVD productions, a client may be entitled to three (3) viewings on the premises of Still Motion Pictures, for a review before the final product is complete.
- With the Photo Books and Calendars, a client is entitled to one (1) PDF emailed and watermarked format before going to print, where the client is entitled to add, omit or change the content as desired.
- Depending on the purpose of the DVD, Still Motion Pictures may require a sit down meeting to properly establish the purpose and content of the DVD (example: Life reflections, farewells) in order to ascertain any additional captions and content.
2. Fee & Payment Terms:
All prices are in South African Rand and payment must accompany each order. Please refer to our Products Price List for a complete listing. Payment terms will be EFT or cash deposits. Cheque deposits will incur an additional 10-working days delay. Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days. During this period and until the balance amount is paid in full, we may send a notice to the customer's email address to inform of their balance due. If the balance due is not paid within the said period, we may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.
Please note: no refunds will be granted on DVD products.
3. Copyright and content
Please note, that the DVD productions are for PERSONAL USE only and may not be allowed to be used for any marketing or media related commercial use. Failing compliance of this statement may result in copyright infringement. The Customer shall indemnify Still Motion Pictures against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design.
Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Still Motion Pictures also state that The Customer cannot use explicit language or pornography on printed materials and merchandise. All music included in a DVD production needs to be provided by the client in order to avoid music copyright law infringement.
The Customer acknowledges that Still Motion Pictures and its designees shall have the right (but not the obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Customer further acknowledges and agrees that Still Motion Pictures may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Still Motion Pictures , its users and the public.
Please note that due to design and layout, Still Motion Pictures cc may be required to insert or omit photos according to design and layout.
Still Motion Pictures cannot be held responsible in any way for the quality of the photographs placed by The Customer into the products offered. It is for The Customer to ensure and determine that the quality of photograph taken and placed on flash drive and disk are in a suitable quality. Still Motion Pictures shall edit and enhance photo’s to the best of our ability but is not held responsible should the outcome not be improved.
The Customer shall indemnify Still Motion Pictures against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Still Motion Pictures gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Still Motion Pictures be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.
The Customer agrees to indemnify and hold Still Motion Pictures , and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content The Customer submits, posts to or transmits through the use of Still Motion service, The Customers use of the Service, The Customers connection to the Service, The Customers violation of the terms of service, or The Customers violation of the rights of a third party.
5. Delivery time
All orders are normally delivered within fourteen (14) to twenty one (21) days after the payment of an order has been received. In some cases and order can be produced in as early as 1 week. However, we are unfortunately at the mercy of our printers. Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond Still Motion Pictures control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation.
6. Satisfaction Guarantee & Return Policy
Still Motion Pictures is proud of the outstanding quality and craftsmanship of our suppliers products, and provides 100% Satisfaction Guarantee against any manufacturing defects. To file a complaint, all defective products must be returned to us within seven days of receipt (at clients own expense). We will assess the condition of the item(s), and at our’s and our printers sole discretion to either repair or replace the product(s) that does not meet the warranty or condition.
Still Motion Pictures is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview your books carefully before giving the go-ahead on your order. Images and text will be printed as they appear in your final Preview.
7. Acceptance of Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. Still Motion Pictures CC reserves the right, at our sole discretion, to update or make modifications to this Terms & Conditions of Use from time to time. The date of modification will be reflected at the bottom left of this page.