Terms and Conditions of Mediawok Co., Ltd.
- Subject Matter and Scope
- The following General Terms and Conditions (T&C) apply to all services and/or rentals provided by Mediawok Co., Ltd.
- These T&C are an essential part of every contract concluded, unless otherwise agreed in individual cases. They also apply to future business conditions with the customer, without the need for their express re-inclusion.
- Deviating terms and conditions of the customer as well as changes and additions to these T&C are only valid if they are acknowledged in writing by Mediawok Co., Ltd. This also applies if the customer’s terms and conditions of business and/or delivery have not been expressly objected to.
II. Contract Content
- Mediawok Co., Ltd. is only obliged to provide the services specified in the contract.
- Changes to the content of the contract generally require written form. In particular, oral agreements with employees of Mediawok Co., Ltd. do not have contractual binding effect.
III. Appointment Details
Appointment details are generally binding only when fixed in writing.
IV. Copyright and Usage Rights, Ownership
- All intellectual property rights, including but not limited to copyrights, in the footage, materials, and other work product created by Mediawok in connection with the Services shall be owned by Mediawok until full payment is received.
- The transfer of the copyright and usage rights acquired by Mediawok Co., Ltd. with regard to scope as well as temporal and substantive aspects is exclusively based on the contractual agreements.
- When published, Mediawok Co., Ltd. will be named as the author in the usual form.
- Ownership of the master footage remains with Mediawok Co., Ltd. unless otherwise agreed between the parties.
V. Invoice, Offset
- The agreed prices are understood to be plus value-added tax.
- Invoices are payable within 14 days upon receipt without deduction. After 30 days, default interest will be charged at a rate of 3% above the Bank of Thailand policy interest rate.
- Offset against counterclaims or the assertion of a right of retention is only permissible to the extent that the client’s claims are not disputed or legally established.
- Mediawok Co., Ltd. reserves the right to assign overdue claims to a debt collection agency.
- Unless a fixed fee has been agreed, billing will be based on Mediawok Co., Ltd.’s customary daily rates based on actual effort. The daily rate is based on a 10-hour shift including one hour lunch break. Any hours worked beyond the 10 hours will be considered as overtime. Overtime hours will be charged at a rate of one-tenth (1/10) of the daily rate, plus a surcharge of 25% for every started overtime hour. From the third overtime hour onwards, the surcharge will be increased to 50% per hour. From the fifth overtime hour onwards, the surcharge will be increased to 100% per hour. The overtime payment will be added to the total payment for the work performed during the shift. This overtime pricing clause will apply to all work performed by the contractor, unless otherwise specified in writing by the client.
- All costs associated with the execution of the order shall be borne by the client unless otherwise agreed in the contract.
Mediawok agrees to keep confidential all information disclosed by the Client to Mediawok in connection with the Services, except as required by law or as necessary to perform the Services. The Client agrees to keep confidential all information disclosed by Mediawok to the Client in connection with the Services, except as required by law or as necessary to perform the Services.
- In no event shall Mediawok be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, or loss of use.
- Mediawok shall not be liable for any direct, indirect, incidental, or consequential damages arising from technical defects in our services. In the event of technical defects, our liability shall be limited to the re-supply of Mediawok’s service. Our liability for any damages arising out of technical defects shall not exceed the cost of re-supplying the defective service. This limitation of liability applies to all claims, whether in contract, tort (including negligence), strict liability, or any other theory of liability.
- The Client is obliged to check the recorded footage on a daily basis and to report any technical defects immediately. It is highly recommended that the client obtains appropriate Negative Film/Videotape, Faulty Stock, Camera and Processing insurance coverage.
- In case of equipment rental the client acknowledges and agrees that they are fully liable for any damage, loss or theft of rented equipment during the rental period. It is highly recommended that the client obtains appropriate insurance coverage to protect against any potential damage or loss to the equipment.
- The Client shall indemnify and hold Mediawok harmless from any claims, damages, liabilities, or expenses arising out of or in connection with the Client’s use of the Work Product.
- The examination of legal issues, in particular with regard to any violation of the general and special personal rights of the filmed individuals, as well as with regard to the objects to be filmed, and the infringement of third-party copyright, is not the responsibility of Mediawok Co., Ltd. Mediawok Co., Ltd. shall not be liable for the legal admissibility of the film contents.
- If Mediawok Co., Ltd. is held liable by third parties for violations of personal rights or copyright infringement and is required to desist or pay damages, the client shall indemnify Mediawok Co., Ltd. from liability.
- In commercial transactions, all claims for damages shall expire within a period of 3 years from the date of knowledge of the damage.
X. Governing Law
This Agreement shall be subject to Thai laws. The parties to this Agreement agree to submit to the jurisdiction of the courts of Thailand.
The invalidity of individual clauses shall not affect the validity of the T&C as a whole. An invalid clause shall be replaced by the statutory provision that comes closest to its purpose through supplementary interpretation.
This Agreement may not be modified except in writing signed by both parties.
By accepting Mediawok’s proposal or engaging Mediawok’s services, the Client agrees to be bound by these terms and conditions.