1. Introduction

  • Pint Size Media (“we,” “us,” or “our”) provides live streaming, media production, and podcast services.
  • By engaging our services, you (“client,” “you”) agree to these T&Cs.
  • These T&Cs apply to all agreements unless explicitly modified in writing.

2. Definitions

  • Services: Refers to live streaming, media production, and podcast-related services provided by the company.
  • Content: Any material provided by the client or created by the company as part of the services.

3. Booking and Payment

  • Quotations: All quotes are valid for [30 days]. After this period, pricing may be subject to change.
  • Deposits: A [50%] deposit is required to confirm a booking. The remaining balance is due [within 7 days after project completion or delivery].
  • Payment Methods: Payments can be made via [bank transfer, credit card, etc.].
  • Late Payments: Interest of [5% per month] may apply to overdue balances.

4. Cancellations and Rescheduling

  • Client-Initiated Cancellations: If cancelled [within 7 days of the project date], a [percentage, e.g., 30%] of the total cost will be retained as a cancellation fee.
  • Rescheduling: Requests to reschedule must be made [at least 8 days in advance] and are subject to availability.
  • Company-Initiated Cancellations: In rare unforeseen circumstances, the company reserves the right to reschedule or refund deposits.

5. Client Responsibilities

  • Content Delivery: Clients must provide all necessary materials [2 days] before the project date.
  • Permissions: Clients must obtain all required permissions, licenses, and rights for any third-party content included in the production.
  • Approval: Clients are responsible for the timely review and approval of deliverables.

6. Intellectual Property

  • Ownership:
    • The company retains ownership of all raw footage, materials, and intellectual property created during the project unless otherwise agreed in writing.
    • Final deliverables are transferred to the client upon full payment.
  • Usage Rights: The company may use the final product for promotional purposes unless the client explicitly opts out.

7. Liability

  • Limitation of Liability: The company is not responsible for:
    • Delays caused by third-party providers or unforeseen circumstances.
    • Loss or damage of client-provided content unless caused by negligence.
  • Technical Failures: While we strive to ensure the highest quality, we are not liable for interruptions or technical issues during live streams due to external factors.

8. Confidentiality

  • Both parties agree to keep any confidential information obtained during the project private and not disclose it to third parties without prior consent.

9. Privacy

  • Any personal information collected will be handled in compliance with our Privacy Policy.

10. Termination

  • The company reserves the right to terminate the agreement if the client breaches these T&Cs or engages in conduct detrimental to the project or company reputation.

11. Force Majeure

  • Neither party shall be liable for delays or failure to perform due to causes beyond their control, such as natural disasters, strikes, or governmental restrictions.

12. Dispute Resolution

  • Governing Law: These T&Cs are governed by the laws of South Africa.
  • Arbitration: Disputes will be resolved through negotiation or arbitration before legal proceedings.

13. Amendments

  • The company reserves the right to amend these T&Cs at any time. Clients will be notified of significant changes.

14. Contact

  • For inquiries or disputes, contact us at:
    Email: jon@pintsizemedia.co.za
    Phone: 083-604-0992

15. User-Generated Content

  • Client-Provided Content: The client guarantees that any content they provide (e.g., images, music, videos) for use in productions does not infringe on intellectual property rights, violate laws, or include offensive material.
  • Licensing: By providing content, the client grants the company a non-exclusive, royalty-free license to use, modify, and distribute the material to fulfil the agreement.
  • Indemnity: The client agrees to indemnify the company against any claims or damages arising from using such content.

16. Equipment Rentals

  • Rental Agreement: Any equipment provided for live streaming or production remains the property of the company unless otherwise specified.
  • Care and Use: The client is responsible for ensuring the proper care and operation of rented equipment during the project.
  • Loss or Damage: The client is liable for any loss, theft, or damage to the equipment while in their possession and agrees to reimburse repair or replacement costs.
  • Technical Assistance: Certain equipment rentals may include a technician or operator provided by the company. Clients must not attempt to operate such equipment without proper authorization.

17. Hosting and Streaming Rights

  • Live Stream Platforms: The company will host live streams on designated platforms (e.g., YouTube, Vimeo, proprietary platforms) as agreed upon in the service contract.
  • Usage License: The client is granted a limited license to use and distribute live-streamed content for promotional or archival purposes. Redistribution for commercial gain must be pre-approved.
  • Archiving: Live streams will be archived and made available to the client for a period of [30-90 days] unless otherwise specified in the agreement. Additional charges may apply for extended storage.
  • Third-Party Streaming Platforms: The company is not responsible for service outages, restrictions, or limitations imposed by third-party platforms.

18. Copyright and Content Ownership (Expanded)

  • Raw Footage: The company retains all rights to raw footage, including behind-the-scenes recordings and unused takes. The client may request access to raw footage for an additional fee.
  • Deliverables: Ownership of final edited deliverables transfers to the client upon full payment, excluding music, graphics, or stock footage with third-party licensing restrictions.
  • Music and Licensing: The company uses licensed or royalty-free music for productions. Clients requesting specific music must ensure all licensing and usage rights are cleared before the project begins.

19. Technical Limitations and Guarantees

  • Streaming Quality: The company guarantees optimal streaming quality within the limits of available internet connectivity and hardware. Clients must ensure the availability of high-speed internet at the production location unless otherwise arranged.
  • Backup Plans: The company will implement backup strategies to address potential disruptions during live streams, but uninterrupted service cannot be guaranteed.
  • File Delivery: Deliverables will be provided in industry-standard formats (e.g., MP4, WAV). Requests for alternative formats may incur additional charges.

20. Additional Services

  • Post-Production Changes: Revisions requested after final approval may be subject to additional fees based on the scope of work.
  • On-Site Changes: Last-minute changes during live production may be accommodated at the company’s discretion and may incur additional costs.
  • Consultations: Any pre-project consultations beyond the initial scope of work may be billed at an hourly rate.

21. Client Conduct During Production

  • Access and Cooperation: Clients must provide necessary access to locations and cooperate with the production team to ensure smooth operations.

Prohibited Activities: Clients or participants must not interfere with equipment, delay the project, or engage in behaviour that compromises safety or the production timeline.

22. Video Production Services

  • Pre-Production:
    • The client must provide all necessary materials, including scripts, storyboards, and creative briefs, at least [7 days] before the production date.
    • Changes to pre-approved scripts or storyboards may result in additional charges.
  • Production:
    • The company will manage filming, including equipment, crew, and location setup. Clients must ensure the availability of required locations and permissions.
    • Unforeseen delays caused by the client (e.g., lack of access, or incomplete materials) may incur additional charges.
  • Post-Production:
    • Deliverables include editing, colour correction, sound design, and basic motion graphics unless otherwise specified.
    • Requests for complex animations, additional graphics, or significant changes after the first round of revisions may incur extra fees.
    • Clients are entitled to [2-3] rounds of revisions. Beyond this, further edits will be billed hourly or per change.
  • Delivery Timeline:
    • The company will provide an estimated timeline for project completion. Delays due to client inaction (e.g., delayed feedback or approvals) may affect delivery dates.

23. Podcast Production Services                          

  • Recording Services:
    • The company provides professional recording environments, including equipment, soundproofing, and technician support.
    • The client must adhere to the scheduled recording time. Delays or extensions may result in additional charges.
  • Content Ownership:
    • Recorded audio files remain the property of the company until full payment is received. After payment, ownership of the final edited audio transfers to the client.
    • The company may retain copies of recordings for promotional or archival purposes unless otherwise agreed.
  • Editing and Post-Production:
    • Basic podcast editing includes noise reduction, trimming, and adding provided intro/outro music.
    • Advanced editing, such as creating highlights, incorporating sound effects, or adding custom music, may incur additional charges.
  • Publishing Assistance:
    • The company can assist in uploading episodes to podcast platforms (e.g., Spotify, Apple Podcasts) for an additional fee.
    • Clients are responsible for providing platform credentials and managing content descriptions.
  • Compliance:
    • Clients are responsible for ensuring podcast content complies with platform guidelines and does not violate intellectual property or broadcasting laws.

24. Additional Terms for Video and Podcast Deliverables

  • Approval Process:
    • Deliverables will be shared for client approval before final submission. The client must provide feedback within [5-7 business days] of receiving drafts to avoid delays.
  • Revisions Policy:
    • For video and podcast projects, the client is entitled to [2-3] rounds of revisions, focusing on adjustments to pacing, audio levels, or minor content edits.
    • Additional revisions or re-recording requests will be billed separately.
  • File Storage:
    • The company will retain project files (raw footage, audio files, and project files) for [3-6 months] after project completion. Extended storage or file requests after this period may incur additional fees.

25. Content Creation and Creative Rights

  • Creative Direction:
    • The company will follow the agreed creative brief but reserves the right to make decisions on visual and audio elements to maintain production quality.
    • Significant creative changes during or after production must be agreed upon in writing and may result in additional charges.
  • Scriptwriting and Copywriting:
    • If scriptwriting is included in the service, initial drafts will be provided for client approval. Major rewrites after approval may incur extra costs.
  • Talent and Voiceover:
    • Talent, voiceover artists, or other professionals arranged by the company will be contracted for the project. Clients requesting specific individuals must communicate this at the outset.

26. Distribution and Licensing for Video and Podcast Projects

  • Distribution Rights:
    • The client is granted a non-exclusive license to distribute the final deliverables for commercial, promotional, or internal use.
    • Redistribution to third-party platforms or for resale requires prior written approval.
  • Platform Guidelines:
    • The company is not responsible for rejections, content takedowns, or policy violations by third-party hosting platforms (e.g., YouTube, Spotify).
  • Monetization and Advertising:
    • The company does not guarantee approval for monetization or advertising revenue on platforms. Content compliance is the client’s responsibility.

27. Podcast-Specific Client Responsibilities

  • Guest Coordination:
    • The client is responsible for managing guest schedules and permissions. Late or absent guests may result in rescheduling fees.
  • Live Podcast Recording:
    • If live podcast recording is requested, the company is not liable for interruptions, technical issues, or external disruptions during recording.