Terms and Conditions

TERMS & CONDITIONS FOR ALL SERVICES

Please read through these terms and conditions carefully. Your failure to highlight any issues regarding this document within three (3) days of issue, raising or acceptance of a purchase order or agreement of work with Orange VFX Studios hereinafter called ‘Orange’ will constitute your acceptance of and agreement to be bound by all the terms and conditions laid out below:

 

GENERAL

The rights provided under this agreement are granted to you only, and shall not without our prior written consent be considered granted to any affiliate of yours. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.

Orange reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information.

Orange has the right to use any part of the work in the show reel, online or offline, on any website, social media platforms unless there is written agreement prior to commencement of work. The customer’s requirements must be clearly provided to Orange in writing prior to commencement of work.

 

PAYMENT

Unless agreed otherwise in writing, all invoices must be paid within 30 days. Orange will require 60% of the invoice prepayment prior to commencement of work. The remaining 40% shall be payable upon delivery of the final video and within 30 days.

Watermark(s) will be placed on videos and/or images and will be removed only when final payment is made. Watermarked videos and/or images shall be used for review and preview purposes only.

For jobs involving the purchase of external goods and services from third parties, Orange may require payment prior to commencement of work or prior to purchase of external goods and services from third parties.

Orange fees shall be exclusive of costs and expenses related to the agreed services such as courier services, postage, overseas telephone charges, colour photocopying, photography and prints, disk or tape duplications, creation of audio/video streaming files, travel, accommodation, subsistence, fax charges and similar items which will be invoiced to the client on the relevant project, or separately as necessary.

Orange will not commence work on any project until a purchase order or equivalent document has been provided by the client, however, at our discretion, we retain the right to accept email confirmation as a go-ahead with all legal effects as a Purchase Order.

If payment is not received within 30 days of the invoice date, Orange will charge interest at a rate of 2% per month, which will be added to the client’s account.

Payment may be made by bank transfer, cheque or cash. All cheques must be made payable to Orange.

 

REVISIONS AND CHANGES IN DEADLINES AND SCOPE

A maximum of 2 revisions in line with the initially agreed script/scope is allowed per project (i.e. first cut, second cut and a final cut) and are to be completed at the discretion of Orange.

Major revisions to a project, will be deemed a change of contract and may need for a new contract and/or incur additional costs at the discretion of Orange according to the amount of work required.

 

TERMINATION

A client may terminate the contract at any time by written notice of termination, but they will remain liable to pay in full for all work previously undertaken and in progress by Orange unless any other written agreement is reached in advance.

Any monies (excluding deposit) held on account and unused will be returned subject to a 5% administration charge.

 

ACCEPTANCE AND LIABILITY

Orange cannot be held liable for loss or damage caused as a result of third party action or failure.

The client shall provide appropriate arrangements for any work outside of Lagos for which Orange provides crew or equipment and such arrangements shall be notified to Orange in writing in advance of travel to that jurisdiction.

Orange cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.

If the duration of a project exceeds three months, Orange retains the right to amend the quote, unless there is written agreement prior to commencement of work.

Orange retain the ownership and intellectual property of all native files used to create the final work unless there is written agreement prior to commencement of work.

Orange shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to Orange, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

Any claims must be made in writing to Orange within 7 days of receipt of services. If no claim is made within this period the client is deemed to have accepted the services at the agreed price.

 

CONFIDENTIALITY AND NON-DISCLOSURE

Any confidential or proprietary information which is acquired by Orange from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Orange will sign and adhere to the conditions of any Confidentiality/Non-Disclosure Agreement used by the client.

Any contract requiring Orange to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Orange, its servants or agents, as necessary.

TERMS & CONDITIONS FOR ALL TRAINING COURSES

PAYMENT TERMS
Our standard payment terms is that a minimum of 60% of the training fees must be paid before the course start date and 40% before midway through the course. If payment by invoice has been previously agreed, the payment needs to be made 30 days from the date of invoice or prior to the course start date, whichever is sooner. All invoices are valid for 30 days.

COURSE BOOKINGS
Bookings may be made by online or email, via the Orange VFX Training School website or phone. Phone bookings must be confirmed in writing upon request. Please quote purchase order numbers where applicable.

TRANSFERS
Should circumstances mean that you need to transfer to another Orange VFX Training course, the following charges will apply, dependent on notice given:

First transfer, made more than four weeks prior to the course start date – no charge
Two to four weeks notice given – 25% charge on the course fee
Less than two weeks notice given – 50% charge on the course fee.
All transfers must be taken within a period of six months from the original date.

CANCELLATIONS
Should circumstances mean that you have to cancel your course and are unable to transfer your booking to another date at the time of cancellation, the following charges will apply:

More than four weeks prior to the course start date – no charge
Two to four weeks prior to the course – 50% of the course fee
Less than two weeks prior to the course – full fee
NB Cancellation must be made in writing and received by Orange VFX Training School by the due date

NON-ATTENDANCE
If you do not attend a course, and you have not previously informed us, the full course fee remains payable.

LATE ARRIVALS/MISSED SESSIONS
If you arrive late for a course or are absent from any session, we reserve the right to refuse to accept you for training if we feel you will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. To qualify for a certificate, attendance of at least 70% at all sessions is mandatory.

UNFORESEEN CIRCUMSTANCES
On occasion, unforeseen circumstances may require us to cancel a course. In such circumstances you will be given as much notice as possible and either a free transfer to another course date or a full refund of fees paid.

VAT
All course fees are subject to the current VAT (valid exemptions only).

GUIDELINES FOR STUDENTS AND EMPLOYERS
It is the employer’s responsibility to ensure that students are free from any condition which would affect their capability to undertake their chosen course, and that they have the aptitude to cope with an intensive course of study. We welcome students with disabilities but it remains their employer’s responsibility to ensure that they are appropriately supported in their workplace. If it is felt that the student doesn’t meet the learning outcomes of the course and or assessment process, they will be offered a free assessment. Any further training or coaching over and above that provided on the course may be charged for.