Terms and Conditions

Our terms and conditions are listed below

Terms and Conditions

  1. Definitions

    For the purposes of this agreement, “Content Creator” is Pixela Studios and “The Client” is any person, body of persons, firm, or Company with whom the Content Creator enters into a contract for the sale of goods or provision of services by the Content Creator. “media content” means any images,videos,sound,text or artwork furnished by Pixela Studios, whether videos,photographs, prints or other type of physical or electronic material”.

  2. Copyright and Ownership of Materials

    The entire copyright, title, and intellectual property rights of any media content will remain that of Pixela Studios at all times throughout the world.

  3. Usage Rights And Licensing

    • An Exclusive License is granted to the Client for the usage specified in the brief, estimate or order confirmation.
    • This Exclusive License is conditioned upon acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Content Creator within the payment period agreed.
    • All rights not expressly granted to the Client remain the exclusive property of the Content Creator.
    • The Client may not transfer or assign this Exclusive License without the express written consent of the Content Creator.
    • Manipulation of media content or use of only a portion of the content may only take place with the permission of the Content Creator

  4. Copyright Ownership

    The client recognizes that the Content Creator is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended.
    • In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall NOT apply to the photograph(s) to be made in terms hereof and the Content Creator will be the author of the work(s) and the copyright subsisting therein.
    • Pixela Studios supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images and videos in a given context. No property or copyright in any images and videos shall pass to the Client whether on its submission, or on Pixela Studios ‘s grant of reproduction rights in respect thereof.
    • Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
    • RAW images and videos are not supplied. An application for the supply of RAW images and videos can be made and temporary specific usages right may be purchased per content item.
    • An application for the supply of content for commercial use can be made and temporary specific usages right may be purchased per content item.

  5. Payment Terms

    • A 50% NON REFUNDABLE deposit is required to confirm any booking of Pixela Studios
    • Dates will ONLY be secured upon receipt of the deposit.
    • Balance of payment - payable on the day of the photo-shoot/Video-shoot. No media content will be released until the final balance is paid in full.
    • The Client agrees to pay interest at 2.5% above the prime rate per month or part thereof on overdue payments.

  6. Additional Expenses

    • Where additional expenses are incurred by the Content Creator due to changes in the original brief by the Client or by circumstances beyond the Content Creator’s control, the Client agrees to pay such reasonable expenses and/or fees at the Content Creator’s normal rates.

  7. Cancellation and Postponement by the Client

    • Your deposit is non-refundable. Cancellations of trips or full week confirmed bookings must be made one week prior to the booking, otherwise, a full fee will be charged and full reimbursement will be expected
    • Unless otherwise agreed in writing, the Client will be charged a 100 percent fee if postponement of the assignment occurs after the Content Creator has departed for the location, and 50 percent fee if postponement occurs before departure to location.
    • Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.

  8. Client Brief

    • It is the client’s responsibility to give the photographer a full written brief. Where specific details are missing in the brief, the client undertakes to accept the photographer’s interpretation.

  9. Rejection

    • Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

  10. APPLICABLE LAW

    • This agreement shall be governed by the laws of the Republic of South Africa, with the exception listed in Clause 4. COPYRIGHT OWNERSHIP above