Terms of Sale

Moca Films Terms and Conditions

These Terms and Conditions are for your protection as well as ours. Please read them carefully.

Definition

MOCA CO LIMITED is a Limited Liability Company, trading as “Moca Films”. Registered Office at 343 Eastern Avenue, GT, Grand Cayman.

By accepting a Quotation or Estimate, you acknowledge having read and accepted these Terms and Conditions.

1. Quote Validity

1. Our quotations are valid for 10 business days. When a quotation is not accepted within 10 business days, Moca Films can revoke the validity of a quotation in view of the availability of its teams. When a quotation is accepted or the service requested more than 10 business days after the initial quotation date, discounts and bonuses that were part of the initial quotation are no longer applicable. Quotations can be accepted up to 10 business days after their issuing date. Quotations that are accepted longer than 10 days after the date of issue may be subject to changes in pricing.

2. Payment Terms

2.1 Unless otherwise stated, all projects will require a 50% deposit before commencement of the project.

a. The remaining Payment is due upon final delivery and is of the essence. Time for payment shall be of the essence. We reserve the right to charge 7% interest on the 15th day and recurring every month after on any unpaid balances. Any fees incurred by us in recovering payment will be chargeable.

b. Payment to be made in Cayman Islands Dollars, unless otherwise stated.

2.2 If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.

2.3 Payment is to be made in full without any discount deduction, set off or abatement.

2.4 We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.

3. Works specified (as per estimate)

All works undertaken will be as per Moca Film’s written quotation provided by email or in person. The Client is obliged to ensure that this is thoroughly read and understood prior to booking. Any amendments, additional hours or additional days for production will incur additional charges.

4. Production Timeline

Pre-production of your product will start upon full proposal approval. A proposal approval procedure consists of the following steps:

– The customer will sign the quotation document and return the signed document via email or in person to Moca Films

– The customer will be then billed for a 50% deposit of the total production budget

– Moca Films will receive the deposit payment and launch pre-production, lock in production dates and start the project.

– Within 20 days after a Quotation has been accepted, arrangements will be made between Moca Films and the customer to plan and lock in the production dates, as well as post-production deadlines.

– When production dates are locked in, the customer agrees to arrange locations, spokespeople, content and props as outlined in the pre-production consultancy.

5. Talent Release Forms

As a client you agree to verify whether anyone involved in the filming as a subject, interviewee, actor, or anyone who happens to be on site while filming is in progress, has agreed to be displayed in your video and has signed his or her approval/talent release form in agreement with your organization. No discounts or liability will be accepted by Moca Films if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.

6. Copyright (Moca Films material)

6.1 In all circumstances, Moca Films reserves the right to use the footage/material/media, either in sections or in its entirety, for promotional purposes. Upon reception of the payment in full, you obtain the right to use your video content online and offline. Unless otherwise specified the creative copyright of the produced video content remains property of MOCA CO LIMITED as per Cayman Islands Copyright Law, and a user license without any restrictions is granted to you as a customer. When your agreement with Moca Films includes the purchase of licensed background music and/or stock footage or stills, Moca Films will source these with the relevant providers guaranteeing that all copyright related expenses are covered within the scope of your agreement with Moca Films.

6.2 As long as the project has not been finished and paid in full, you are not entitled to use any of the supplied previews online or offline.

6.3 Obtaining the right to use the video content does not include the physical dump of all original footage to a digital support or any entitlements to the raw footage.

7. Copyright (material provided by client)

When audiovisual material is used and delivered from your end, it is your duty to verify if you own the right to reproduce this and to verify whether any of the materials are copyright protected. The material to be provided to Moca Films must be totally free of charge (or otherwise paid for by the Client) and the Client shall indemnify Moca Films against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.

8. Delivery

a. The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.

b. We shall produce one master copy of the production only for your use. Should you require further copies an additional charge will apply. A separate quotation will be issued for the production of additional copies.

c. Times given for delivery of the Service are estimates only and time shall not be of the essence.

d. Rush Edits and Productions may incur an extra charge.

9. Approval / Acceptance and Changes (1 set of minor amendments)

On the majority of projects, a ‘draft’ version of the production will be forwarded to the Client for their review. This draft may receive one set of revisions only, which is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional daily rate.

Upon reception of your ‘draft’, you agree to deliver feedback within 2 weeks. This is required for us to deliver a finished product. Failing to provide feedback within 2 weeks after reception of the preview link will lead to extra administration fees, with a minimum applicable fee of 10% of the total project cost.

9.1 Other than as stated in clause 9 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:

a. Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief;

b. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service;

c. Changes that result from a significant change to the brief;

d. Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.

10. Expenses

All reasonable expenses incurred by us in providing the Service shall be at your cost. Where possible expenses will be pre-arranged with you and/or set out in the quotation. In the absence of prior notification of expenses the following rates shall apply:

a. Daily Subsistence $25 per person on set.

11. Cancellation, Safety and Insurance

11.1 Dates for production are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to an amendment by you that results in a

cancellation the following charges will apply where the cancellation notice is given or is caused:

a. Within 5 business days of shoot date – $350

b. Within 48 hours of shoot date – 50% of daily shoot rate

c. Within 24 hours of shoot date – 100% of daily shoot rate

11.2 Where the shoot shall take place at your premises or a location designated by you the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.

11.3 In case Moca Films has to cancel the shooting the team will first try to reschedule the shooting to another date. In case your shooting can not be scheduled or produced, or in case of a technical breakdown causing the accidental loss or non-recording of unique footage, Moca Films will return your deposit and you agree that no other claims will apply to Moca Films, its staff, partners or subcontractors. In case of a Force Majeure, a technical breakdown, a loss of footage and/or cancellation by Moca Films for organizational, staffing or logistical reasons, both parties agree not to submit any damage claims and not to undertake any legal action or claim against the other party.

12. Warranties and Liability

We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.

12.1 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.

12.2 Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.

12.3 Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you.

13. Assignment

13.1 We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.

13.2 You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.

13.3 Any claim that you may have against us must be notified to us in writing within one month of the claim arising.


14. Severance

If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

15. Health and Safety

In all instances Moca Films will reserve the right to remove any of its personnel and/or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance the Client will be liable for any costs incurred as a result of this.  Moca Films will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.

16. Storage Policy

Unless otherwise specified in the agreement between Moca Films and the Client, we may delete all raw footage, project files and supplied digital files from our servers once the final video has been delivered and the balance invoice has been paid. Deviations from this agreement, aiming at keeping raw project files and raw footage available for future changes, need to be discussed

as an extra service when the project is being approved. Additional services may include archiving a copy of all master and project files, or supplying a hard drive to the customer containing these files.

Media storage and management may be billable as per estimate and quotation.

17. Bad weather

In the event of inclement weather, Moca Films reserves the right to change the date of filming to a more suitable day. Moca Films will not allow the safety of the equipment or personnel to be compromised.

18. Aborting filming (on shoot day) or re-shooting due to client’s lack of organization.

In the event of filming being delayed or aborted due to a lack of organization from the Client, Moca Films reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.

19. Changing filming dates.

In the event of the Client wishing to change the filming date we insist on a minimum of 5 Business days notice. Failure to comply will result in the Client becoming 100 percent liable for all costs incurred.

20. Equipment substitution / failure.

In the unlikely event that Moca Films experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the senior member of the film crew.

No further claims or liability will be accepted.

21. Clear access for filming

21.1If filming venues are being organized by the Client, it is the Client’s responsibility to ensure that Moca Films has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.

21.2 All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.

21.3 All Terms and Conditions stated within this document override any Terms and Conditions from the Client.

22. Applicable Law

These terms and conditions shall be governed by the Cayman Islands Law.