SUPPLING OF VISUALS / IMAGES / GRAPHICS /AUDIO AND OTHER ELEMENTS
In order for Red Rogue to successfully incorporate Client supplied visuals, images, graphics, audio or other elements into the final product these must be of sufficient quality to match the desired broadcast/release platform specifications. Please consult with us during this process to ensure your production is of the highest quality possible. Red Rogue will not be held responsible for incomplete material supplied by the Client, or material which is not in accordance with our specifications. The Client accepts all responsibility for any infringement on any copyright, trademark or other intellectual property arising from the use of the material supplied by the Client and indemnifies Red Rogue against any claim arising from such. Furthermore the Client understands and agrees to abide by the regulations of the Broadcasting Complaints Commission of South Africa and indemnifies Red Rogue against any failure to adhere to these or any other applicable laws and regulations.
Acceptance of an order shall only occur once Red Rogue has duly considered and approved the order. No contractual obligations shall arise merely as a result of the completion of an order form or other engagement. The right is reserved to cancel any order which has been accepted without stating any reasons therefore. No liability is accepted for losses arising from omissions, failure to publish, publication of wrong 'copy', poor positioning or typographical or any other mistake or error. In case of such losses, the Client is not exempt from any contractual obligations. Late receipt of proof or non-receipt thereof by the Client does not exempt him/her from contractual obligations. Red Rogue reserves the right to increase the rates at any time. The Client will be liable for all damages and costs that might arise from any legal action which might be instituted against Red Rogue as a result of the publication of any productions. A certificate purported to be signed by a responsible official of Red Rogue will be prima facie proof of the amount plus interest due by the Client at any time. Red Rogue will require 50% payment upfront before work commences, with the balance payable prior to receipt of the finished production by the Client. Interest on arrears shall be made payable at maximum rates as determined by the National Credit Act, Act 34 of 2005 as amended from time to time. In the event of any payment not being made by the Client on or before the due date, the full balance outstanding will immediately become due, owing and payable. The Client consents to the jurisdiction of the Magistrate's Court notwithstanding the possibility that any amount claimed could fall outside the jurisdiction of the Magistrate's Court, and further undertakes to pay all legal expenses incurred, including cost on attorney-Client scale, collection charges and tracing fees in the recovering of all amounts due to Red Rogue. The Client undertakes to notify Red Rogue in writing within 7 (seven) days of any change of address. The Client undertakes, notwithstanding any sale of business and/or change of its members, to accept the liability of settling its debt to Red Rogue in full. These conditions are binding on the Client's successors in title.
Indemnity: As supplier of the goods/services, you, the Client warrant that you are familiar with and will comply with the provisions of the Consumer Protection Act. Act 68 of 2008 (CPA) in all transactions between us and with third parties. Among other, the CPA provides for some consumer rights regarding delivery, returns, disclosure of information and product quality and safety. You accordingly indemnify Red Rogue against any damages that we or any other party may suffer as a result of your non-compliance with the CPA or as a result of any damages suffered by any party due to defective or unsafe goods/services supplied by you.