These Terms of Service govern your use of the Falhen Media website and your engagement of our professional media production services. Please read them carefully.
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By accessing our website, requesting a quote, or engaging Falhen Media for any services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.
By accepting these terms, you represent that you are at least 18 years of age and have the legal authority to enter into binding agreements on behalf of yourself or the organisation you represent.
Falhen Media provides professional video production, photography, live streaming, post-production, animation, content strategy, and related creative media services. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate Statement of Work (SOW) or project proposal agreed upon in writing.
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.
Falhen Media may engage qualified subcontractors or freelancers to assist in delivering services. We remain responsible for the quality and delivery of all work product regardless of whether subcontractors are used.
You agree to provide all necessary materials, approvals, access, and information required for us to deliver the agreed services in a timely manner. Delays caused by your failure to provide required inputs may result in revised timelines and additional costs.
You are responsible for ensuring that all information, content, and materials you provide to us are accurate, complete, and do not infringe any third-party rights. You warrant that you have all necessary rights and permissions to use any materials you supply.
You agree to review deliverables and provide consolidated, actionable feedback within the timeframes specified in the project agreement. Approval of a deliverable constitutes acceptance of that stage of work.
All fees are as agreed in the project proposal or SOW. Prices are exclusive of applicable taxes unless stated otherwise. We reserve the right to adjust pricing for future projects with reasonable notice.
Unless otherwise agreed in writing, a deposit of 50% of the total project fee is due upon signing the project agreement, with the remaining balance due upon delivery of final files. Invoices are payable within 14 days of the invoice date.
Invoices not paid within the agreed payment period may incur interest at a rate of 2% per month on the outstanding balance. We reserve the right to suspend work on any project where payment is overdue by more than 14 days.
Out-of-pocket expenses incurred in delivering your project — including travel, accommodation, equipment hire, location fees, talent fees, and licensing costs — will be charged at cost unless included in the agreed project fee.
Upon receipt of full payment, Falhen Media assigns to you all rights, title, and interest in the final deliverables produced specifically for your project, to the extent permitted by law. This assignment does not include underlying tools, templates, pre-existing works, or third-party licensed elements.
Unless you request otherwise in writing prior to project commencement, Falhen Media retains the right to display completed work in our portfolio, website, social media channels, and marketing materials for the purpose of promoting our services.
Any music, stock footage, fonts, or other third-party content incorporated into deliverables is subject to the applicable third-party licence terms. You are responsible for ensuring continued compliance with those licences after delivery.
Each party retains ownership of all intellectual property owned or developed prior to or independently of the project. Nothing in these terms transfers ownership of pre-existing IP.
Each project includes a defined number of revision rounds as specified in the project proposal. Revisions are defined as minor amendments to approved work and do not include changes to the agreed creative direction or scope.
Revision requests beyond the agreed number, or requests that constitute a change in scope, will be quoted and billed separately at our standard hourly rate or as a fixed fee, agreed in writing before work commences.
If you cancel a project after work has commenced, you remain liable for all fees for work completed to the date of cancellation, plus any non-recoverable expenses incurred. Deposits are non-refundable unless Falhen Media is in material breach of the project agreement.
Either party may terminate the project agreement immediately upon written notice if the other party materially breaches the agreement and fails to remedy that breach within 14 days of receiving written notice of the breach.
Upon termination, all outstanding fees become immediately due and payable. Falhen Media will deliver all completed work product upon receipt of full payment for work performed.
To the maximum extent permitted by applicable law, Falhen Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or in connection with our services or these terms.
Our total aggregate liability to you for any claim arising out of or in connection with a project shall not exceed the total fees paid by you to Falhen Media for that specific project in the 12 months preceding the claim.
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, power failures, or internet outages.
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with the project, and not to disclose such information to third parties without prior written consent, except as required by law or as necessary to deliver the services.
These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation. If negotiation fails, the parties agree to attempt mediation before resorting to litigation.
These Terms of Service, together with any project proposal or SOW, constitute the entire agreement between you and Falhen Media with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Failure to enforce any provision of these terms shall not constitute a waiver of our right to enforce that provision in the future.
For questions about these Terms of Service, please contact us at: legal@fahlenmedia.com | hello@fahlenmedia.com | Johannesburg, South Africa.