Terms and Conditions

Thanks for showing an interest in working with us. Our full terms and conditions can be found below. We would appreciate it if you read it thoroughly - this helps to ensure we're all on the same page before we start working together. By agreeing to commence work on your project, it is assumed that you accept these terms.

If you would like anything clarified or if you have any questions please just get in touch and let us know. 

 

Contact: hello@shakasocial.com

DEFINITIONS

In these terms and conditions, unless the context otherwise requires:

Customer means any individual or entity who acquires Shaka Social Ltd's Services wholly or predominantly for personal, domestic or commercial use.

  • Shaka Social Ltd means Shaka Social Ltd of Unit 7, 35 Whitefield Road, G51 2YB.

  • Agreed Fee means the fees estimated by Shaka Social Ltd in any quotation once accepted by the Customer.

  • Materials means any goods, chattels, or items including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, DVDs, films, footage, props and equipment provided by the customer to Shaka Social Ltd for the purposes of Shaka Social Ltd supplying the Services.

  • Raw Footage means footage recorded by Shaka Social Ltd as part of provision of the Services.

  • Services means video production and/or post production services.

PAYMENT

If the Customer instructs Shaka Social Ltd that significant changes and/or revisions to the scope of the services described in the quotation are required, then Shaka Social Ltd shall be entitled to charge an additional Agreed Fee based on further discussion and quotation, and agreed in writing with the Customer.

DEPOSIT

Prior to any work being untaken on an individual project, an initial deposit of 50% of the total quote will be requested. The remainder of the total invoice amount is then required within 30 days of the project completion. For any monthly retainers, the first sprint (3 months) may be required to be paid in full prior to project commencement.

METHOD OF PAYMENT

Payment is requested via bank transfer (BACS) using the following details:

 

Shaka Social Ltd.

Unit 7, 35 Whitefield Road,

Glasgow

G51 2YB


Account Number: 64292742
Sort Code: 60-83-71

VAT Number: 393664065
Company Registration No: SC691452

CUSTOMER UNDERTAKINGS AND WARRANTIES

The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video.

It is our recommendation that you supply and obtain release forms from any identifiable participants to ensure protection against defamation claims. We will happily support you with this in detail.

The Customer shall defend, indemnify, and hold harmless Shaka Social Ltd from and against all third-party claims, suits, actions, losses, liabilities, damages, costs, and expenses incurred by Shaka Social Ltd resulting from or relating to a third-party claim that any intellectual property or Material furnished or provided by the Customer for use as contemplated hereunder infringes or violates the intellectual property rights of a third-party.

CUSTOMER UNDERTAKINGS AND WARRANTIES (CONTINUED)

Raw footage, video files, audio files, edited video files and any graphic assets will be retained for up to six (6) months only and will then be disposed of, deleted or erased. If at the end of six (6) months Services have not been paid for, Shaka Social Ltd reserves the right to dispose of Raw Footage, video files, audio files, edited video files, recorded materials, graphic assets and finished works.

 

Any materials that wish to be kept can be safely and securely stored for longer than six (6) months at an additional rate of £50 per 500gb per year.

The Customer may purchase Raw Footage from Shaka Social Ltd at an additional fee which can be negotiated at the time of request.

SHAKA SOCIAL LTD UNDERTAKINGS AND WARRANTIES

Shaka Social Ltd warrants and undertakes that: (a) it shall provide the Services and Customer works in accordance with the Order Form, this Contract and all applicable law; (b) it shall provide the Services and Customer works with the highest level of care, skill and diligence in accordance with best practice in the supplier's industry, profession or trade; (c) the Services and the Customer works do not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity.

Shaka Social Ltd shall defend, indemnify, and hold harmless the Customer and its affiliates from and against all third-party claims, suits, actions, losses, liabilities, damages, costs, and expenses incurred by the Customer or any of its affiliates resulting from or relating to a third-party claim that any intellectual property, the services, Customer videos furnished or provided by Shaka Social Ltd for use as contemplated hereunder infringes or violates the intellectual property rights of a third-party.

Shaka Social Ltd undertakes not to disclose to any person any confidential information concerning your business, affairs, customers, clients, suppliers, or any other information which is clearly indicated as being confidential or in the absence of such indication would, to a reasonable person and under the circumstances, appear to be confidential or proprietary in nature. Shaka Social Ltd shall indemnify you for any breach of its confidentiality obligations set out in this provision.

Shaka Social Ltd shall take all reasonable care at the filming location and shall indemnify you for any loss or damage at the filming location arising out of or in connection to Shaka Social Ltd’s activities at such location.

RECORDED MATERIAL

The Raw Footage, video files, audio files, edited video files and graphic assets including all copyright remain the property of Shaka Social Ltd until full payment is made for the Services.

Where Services remain unpaid or in the event that a final agreed payment is not made, Shaka Social reserves the right to withhold all works/recordings.

Copyright in all video, images, audio, lyrics, musical composition and graphic assets included or recorded in the edited video or recorded by equipment used by Shaka Social Ltd will remain the property of the author or legal entity owning the copyright.

All other intellectual property rights and title in the Customer works shall vest in the Customer. Shaka Social Ltd, upon full payment for its Services, assigns to the Customer with full title guarantee and free from all encumbrances (or shall procure the assignment to the Customer with full title guarantee and free from all encumbrances of) all intellectual property rights in the Customer video.

 

In relation to future intellectual property rights, the assignment under this clause shall take effect as a present assignment of future intellectual property rights. At the Customer's request, Shaka Social Ltd shall execute (or procure the execution of) any document and/or do anything else necessary to give full effect to the assignment under this provision.

FAILURE OF EQUIPMENT OR ILLNESS OF SHAKA SOCIAL LTD EMPLOYEES

Whilst all reasonable care and preparation is taken for videography and editing, Shaka Social Ltd will not be liable for any compensation except for return of any deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the employee/s of Shaka Social Ltd or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

INCIDENTAL EXPENSES

Any incidental expenses will be added to the final invoice. Mileage will be added at 0.45 pence per mile.

Half day rates for any individual projects (specified on our standard rate card) only apply to projects that will occur within a 100 mile radius of the Shaka Social Ltd registered office in Glasgow. Any projects out-with this radius will be charged at a full day rate.

RIGHT OF REFUSAL OR TERMINATION

Shaka Social Ltd reserves the right to terminate provision of Services, if:

an employee of Shaka Social Ltd is placed in a position where there is an actual or apparent risk of injury.

or
there is a risk that any of the equipment used may be damaged.

or
an employee of Shaka Social Ltd is subject to harassment or verbal abuse.

The Customer may terminate this Contract with immediate effect by giving written notice to Shaka Social Ltd if Shaka Social Ltd, its employees or representatives commits a material breach of any term of this Contract.

LEGAL COSTS

The Customer will be liable for any legal costs incurred by Shaka Social Ltd in the recovery of unpaid invoices on an indemnity basis.

PERSONAL DATA

Any personal data supplied or made available to Shaka Social Ltd shall be collected and processed in accordance with all laws and regulations relating to the protection of personal data, including the General Data Protection Regulation ((EU) 2016/679).

 

FORCE MAJEURE

If either party cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic/pandemic, quarantine restriction, labour dispute or shortage, act or commission of any third person or public authority, then that party’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

AMENDMENT

Shaka Social Ltd reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given seven (7) days written notice unless the customer terminates this Contract, in writing before the expiry of those seven (7) days.

This document is subject to copyright control. The information contained in this document represents the current view of Shaka Social Ltd. on the issues discussed as of the date of publication. This document is for information purposes only and has been prepared for confidential exposure only to the addressee. Shaka Social Ltd makes no warranties, express, implied or statutory as to the information within this document.

Except as expressly provided in any written licence agreement from Shaka Social Ltd, the furnishing of this document does not give any licence to Shaka Social Ltd’s patents, trademarks, copyrights, or other intellectual property.

GOVERNING LAW AND JURISDICTION

This Contract shall be governed by the law of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish Courts.

CANCELLATION POLICY

If the Customer wishes to postpone the provision of the Services (or any part of them), it must give Shaka Social Ltd at least two (2) weeks prior notice. If the Customer fails to provide two (2) weeks prior written notice, any costs incurred by Shaka Social Ltd to facilitate the project shall be requested to be refunded (including but not limited to any travel, accommodation, equipment and personnel costs.) The parties shall then discuss and agree any reschedule of the Services, timelines (subject to availability) and further Costs (if applicable).