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Terms & Conditions

CLIENT TERMS AND CONDITIONS OF BUSINESS

Version 1.0, October 2026
 

These Terms and Conditions (“Terms”) govern all services rendered by Studio Portal (Pty) Ltd, registration number 2014/165776/07 (“Studio Portal”, “SP”, “we”, “us” or “our”) to any client (“Client”, “you” or “your”) who engages Studio Portal for any media, film, audio, photography, podcast, video, livestreaming, editing, production, consulting or related services.

By accepting a quotation, making a booking, signing a proposal, paying a deposit, making full payment, attending a production, providing instructions or otherwise engaging Studio Portal, the Client acknowledges that it has read, understood and agrees to be bound by these Terms.
 

1. DEFINITIONS

For the purposes of these Terms:

1.1 “Production” means any podcast, video, film, photography, audio recording, livestream, commercial, documentary, corporate video, social media content, animation, editing, post-production or related media service.

1.2 “Deliverables” means the final products delivered to the Client.

1.3 “Raw Footage” means all original recordings, photographs, audio files, project files, graphics, edits, drafts and production assets.

1.4 “Booking” means any reservation of studio time, personnel, equipment, facilities, editing resources or production services.

1.5 “Business Day” means any day excluding Saturdays, Sundays and South African public holidays.

1.6 “Media Consent” means the Media Consent & Usage Terms that every person appearing in a recording must accept before the session starts, as referred to in clause 6.7.
 

2. APPLICATION OF THESE TERMS

2.1 These Terms apply to all services rendered by Studio Portal.

2.2 No amendment, variation or waiver is binding unless it is in writing and agreed to by Studio Portal.

2.3 Any terms proposed by the Client that conflict with these Terms do not apply unless expressly agreed in writing.
 

3. BOOKINGS

3.1 A Booking is confirmed only once:

(a) the quotation has been accepted;
(b) all required documentation has been completed;
(c) full payment or the required deposit has been received; and
(d) Studio Portal has issued written confirmation.

3.2 Studio Portal may refuse any Booking, Production, recording, project or instruction at its sole discretion.

3.3 Availability of a time slot does not constitute acceptance of a Booking.

3.4 Studio Bookings should preferably be made at least one (1) Business Day before the recording date.

3.5 Remote Productions should preferably be booked at least five (5) Business Days before the Production.

3.6 Studio Portal may require a pre-production meeting before confirming a Booking.
 

4. PAYMENT TERMS

4.1 Unless otherwise agreed in writing, all Bookings are payable in advance.

4.2 Full upfront payment may be required to secure a Booking.

4.3 No production work, editing or delivery begins until payment has been received.

4.4 Studio Portal may suspend services where an account is overdue.

4.5 Additional services requested outside the original quotation are charged at Studio Portal’s prevailing rates.

4.6 All prices exclude travel, accommodation, venue hire, permits, catering, talent fees, licensing fees, courier costs and third-party expenses, unless specifically stated otherwise.
 

5. CANCELLATION AND RESCHEDULING

Studio Productions

5.1 Studio Bookings may be cancelled without penalty if cancelled at least five (5) Business Days before the scheduled recording date.

Remote Productions

5.2 Remote Productions may be cancelled without penalty if cancelled at least ten (10) Business Days before the scheduled Production date.

5.3 Any cancellation outside these periods may attract a cancellation fee of up to 50% of the quoted Production value.

5.4 Where Studio Portal has already incurred costs, the Client remains liable for those costs.

5.5 Rescheduling requests are subject to availability.

5.6 Studio Portal may treat repeated rescheduling requests as a cancellation.
 

6. CLIENT RESPONSIBILITIES

The Client shall:

6.1 provide all necessary information, instructions and approvals on time;

6.2 ensure that all participants, presenters, guests and interviewees arrive on time;

6.3 obtain all permissions required for filming locations;

6.4 obtain all permits and approvals required by law;

6.5 ensure that all participants are legally entitled to appear in the Production;

6.6 ensure that no unlawful, defamatory or infringing material is supplied to Studio Portal;

6.7 ensure that every guest, presenter and other person who appears in a recording has received and accepted the Media Consent before recording starts. Where a guest has not accepted the Media Consent, Studio Portal will not feature that guest in any Deliverable or post. Guests under the age of 18 must have their Media Consent accepted by a parent or legal guardian.
 

7. PRODUCTION DAY REQUIREMENTS

7.1 Production schedules are estimates only.

7.2 Delays caused by the Client may result in additional charges.

7.3 Studio Portal is not responsible for delays caused by guests, presenters, venue operators or other third parties.

7.4 Studio time beyond the booked period is charged at the prevailing hourly rate.

7.5 Remote Productions may require a site inspection before recording.

7.6 Failure to provide accurate site information may result in delays and additional costs.
 

8. EDITING AND REVISION POLICY

Studio Productions

8.1 First edit: within approximately ten (10) days from recording.

8.2 Second edit: within approximately five (5) days after receipt of consolidated feedback.

8.3 Third edit: within approximately three (3) days after receipt of consolidated feedback.

Remote Productions

8.4 First edit: within approximately fifteen (15) days from recording.

8.5 Second edit: within approximately five (5) days after feedback.

8.6 Third edit: within approximately four (4) days after feedback.

8.7 Delivery times are estimates and not guarantees.

8.8 Unless otherwise agreed in writing, Studio Portal provides a maximum of:

(a) three edited versions; and
(b) two rounds of Client feedback.

8.9 Additional revisions, amendments, redesigns, content changes or re-edits are charged separately.

8.10 Feedback must be submitted in a single consolidated format.

8.11 Piecemeal feedback may be treated as additional revision rounds.
 

9. CLIENT APPROVALS

9.1 Once a Deliverable has been approved, it is deemed accepted.

9.2 Any later amendments constitute additional work.

9.3 Studio Portal is not liable for errors that the Client has approved.

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10. EQUIPMENT FAILURE AND TECHNICAL ISSUES

10.1 Studio Portal uses professional equipment and industry-standard procedures.

10.2 Despite reasonable precautions, technical failures may occur.

10.3 These may include:

(a) memory card failure;
(b) hard drive failure;
(c) camera malfunction;
(d) microphone malfunction;
(e) software corruption;
(f) internet failure;
(g) power failure; and
(h) data corruption.

10.4 In these circumstances Studio Portal will use reasonable efforts to recover, repair or recreate the affected content.

10.5 Where recovery is not possible, Studio Portal may, at its discretion, offer a re-recording.

10.6 A re-recording is the Client’s sole remedy for such failures.

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11. FORCE MAJEURE

Studio Portal is not liable for any failure or delay caused by:

weather, floods, fires, power outages, civil unrest, strikes, illness, pandemics, government action, equipment shortages, transport disruptions, or any other event beyond its reasonable control.

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12. INTELLECTUAL PROPERTY AND OWNERSHIP

12.1 Subject to full payment, the Client owns the copyright in the final approved episode recordings and other Deliverables, as agreed in the Booking terms.

12.2 Until all invoices have been paid in full, all intellectual property rights remain vested in Studio Portal.

12.3 Raw Footage, project files, editing timelines, production templates, graphics systems, workflows and proprietary methodologies remain the property of Studio Portal, unless specifically sold. Studio Portal also owns the behind-the-scenes stills it takes during a Production.

12.4 Studio Portal may retain copies for legal, backup and portfolio purposes.

12.5 The Client grants Studio Portal a non-exclusive, royalty-free licence to use the clips, episode links and Deliverables for the purposes set out in clause 13. This licence has no fixed end date and ends if the Client withdraws consent under clause 13.6.

12.6 The Client warrants that all content it supplies to Studio Portal may lawfully be used.

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13. PORTFOLIO AND MARKETING RIGHTS

13.1 Studio Portal may photograph, record or capture behind-the-scenes content during Productions.

13.2 Studio Portal may use production stills, excerpts, screenshots, thumbnails, logos and short extracts for marketing, social media, portfolios, showreels, award submissions, case studies and promotional activities.

13.3 Studio Portal will not publish identifiable images, voices or names of any guest or other person appearing in a Production unless that person has accepted the Media Consent. This applies to all platforms, including Studio Portal’s own channels and any paid promotion.

13.4 The Client may request in writing that certain confidential content not be used, and Studio Portal will honour that request in accordance with the Media Consent.

13.5 Unless specifically instructed otherwise, Studio Portal may display its production logo, credit or watermark within Productions.

13.6 Withdrawal of consent to the use of any person’s image, voice or name is handled under the Media Consent. Studio Portal will remove affected posts from channels it controls within ten (10) Business Days of a valid withdrawal request. Withdrawal does not make earlier lawful use unlawful.

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14. DATA RETENTION AND PERSONAL INFORMATION

14.1 Studio Portal retains raw recordings and final Deliverables for approximately three (3) months following final delivery.

14.2 After the retention period, Studio Portal may permanently delete all files without further notice.

14.3 The Client is responsible for maintaining its own backups.

14.4 Studio Portal is not liable for any loss resulting from deletion after the retention period.

14.5 Personal information is processed in accordance with Studio Portal’s Privacy Policy and the Media Consent, and in line with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Studio Portal’s Privacy Policy is available at www.studioportal.co.za/privacy-policy.

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15. CONFIDENTIALITY

15.1 Both parties keep confidential information confidential.

15.2 Confidential information may only be disclosed where required by law or with written consent.

15.3 This clause survives termination.

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16. INDEMNITY

16.1 The Client indemnifies Studio Portal against all claims, damages, losses, costs and expenses arising from:

(a) content supplied by the Client;
(b) infringement of intellectual property rights;
(c) unlawful instructions;
(d) defamation claims;
(e) privacy claims;
(f) injuries occurring at Client-controlled locations; and
(g) actions of presenters, guests or other third parties.

16.2 The Client takes responsibility for all participants appearing in the Production, including ensuring that each of them has accepted the Media Consent.

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17. LIMITATION OF LIABILITY

17.1 To the fullest extent permitted by law, Studio Portal is not liable for indirect damages, consequential damages, special damages, loss of profit, reputational damage, loss of business opportunities, loss of revenue or loss of goodwill.

17.2 Subject to clause 17.4, Studio Portal’s total liability will not exceed the amount paid by the Client for the affected Production.

17.3 Studio Portal’s remedy may be limited to a re-recording, re-edit or refund of the Production fee.

17.4 Nothing in these Terms limits any right the Client has under the Consumer Protection Act 68 of 2008, where that Act applies.

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18. THIRD-PARTY SERVICES

18.1 Studio Portal may engage subcontractors, freelancers, voice artists, editors, camera operators, drone pilots and other service providers.

18.2 Studio Portal is not liable for delays caused by third-party suppliers.

18.3 Third-party licensing fees remain the Client’s responsibility unless included in writing.

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19. HEALTH AND SAFETY

19.1 Clients and guests enter Studio Portal premises at their own risk.

19.2 Studio Portal is not liable for theft, loss or damage to personal property.

19.3 Clients remain responsible for their own equipment and possessions.

19.4 The Client ensures compliance with all health and safety requirements at remote locations.

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20. CLIENT MATERIALS

20.1 All materials supplied by the Client remain at the Client’s risk.

20.2 Studio Portal exercises reasonable care but accepts no liability for loss or damage to those materials.

20.3 The Client warrants that all supplied materials are free from malware, viruses and unlawful content.

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21. NON-DISPARAGEMENT

21.1 The Client shall not publish false, misleading or defamatory statements about Studio Portal.

21.2 Nothing in this clause restricts lawful complaints or honest reviews.

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22. TERMINATION

Studio Portal may terminate any project immediately if:

(a) payments are overdue;
(b) unlawful instructions are received;
(c) abusive conduct occurs;
(d) health or safety concerns arise; or
(e) the Client materially breaches these Terms.

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23. GOVERNING LAW

23.1 These Terms are governed by the laws of the Republic of South Africa.

23.2 The parties submit to the jurisdiction of the South African courts.

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24. ACCEPTANCE

By ticking the acceptance box at booking, signing a quotation, accepting a proposal, making payment, providing production instructions or attending a booked Production, the Client confirms that:

  • these Terms have been read and understood;

  • the Client agrees to be bound by them;

  • the Client has authority to enter into this agreement; and

  • the Client accepts the risks and limitations contained in them.

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