1. Retainer Clients
Production Services
- A 50% deposit of the total production fee is required to confirm and secure any production day or studio session.
- The remaining 50% is due within 7 (seven) calendar days after the production date.
- Post-production work will not commence until the production fee is paid in full.
Post-Production Services
- All post-production work must preferably be paid in full upfront prior to commencement.
- In approved cases, post-production may proceed on a month-end billing cycle, with payment due no later than the last day of the month in which the work was delivered.
- Late or outstanding payments will result in the withholding of deliverables and may delay future work until the account is settled in full.
2. Ad-Hoc Projects
Payment Schedule
The total project fee is structured into three milestone-based invoices:
- Invoice 1: 50% Acceptance Deposit
- Due upon signing or written/email confirmation.
- This deposit is non-refundable and secures the booking and pre-production planning.
- Invoice 2: 25% at Start of Revision Process
- Due upon delivery of the rough cut and commencement of formal revision rounds.
- No revisions will proceed until this payment is made.
- Invoice 3: 25% at Final Handover
- Due upon delivery of final approved deliverables.
- Final files will be released only once full payment is received.
3. Ownership & Usage Rights
- All creative assets (e.g., footage, audio, edits, design elements) remain the property of Kythe Creative (Pty) Ltd until full payment has been received.
- Usage rights are granted only once the account is fully settled.
- Kythe Creative reserves the right to use content for its portfolio, promotional use, or case studies, unless otherwise agreed in writing.
- Intellectual property from third parties (e.g., music, stock footage) may require separate licensing, which will be communicated and charged where relevant.
4. Cancellations, Delays & Rescheduling
Retainer Clients
- If a booked production day is cancelled or rescheduled with less than 48 hours’ notice, a 25% cancellation fee (equivalent to 50% of the 50% deposit) will apply.
Ad-Hoc Projects
- If the project is cancelled after Invoice 1 is paid, the deposit remains non-refundable.
- If cancelled after Invoice 2 is issued, all work completed to date will be invoiced and payable.
- If communication from the client ceases for 14+ days, Kythe Creative may pause or terminate the project. Any work completed will be invoiced and payable.
5. Late Payment & Debt Recovery
- Payments not made within 28 days after the invoice due date will incur interest monthly, calculated at the prevailing FNB overdraft rate plus 7% per annum (capped at 24% per annum), compounded monthly, until settled in full.
- Kythe Creative reserves the right to withhold all media, files, and deliverables until payment is complete.
- All drafts, renders, and other work remain Kythe’s property until payment is received. Any unauthorised use or distribution of these materials before full payment may be treated as unauthorised use of proprietary material.
- If the account remains unpaid 60 days after the invoice due date, the matter may be escalated and pursued through formal debt recovery processes within our legal rights and jurisdiction.
6. Confidentiality & Professional Relationship
- Both Kythe Creative and the Client agree to treat all project-related information as confidential unless agreed otherwise in writing.
- Kythe Creative may feature the client’s work in its portfolio or promotional material unless the client objects in writing.
- The relationship is independent; nothing in these terms implies a partnership, employment, or exclusivity.
7. Legal & Governing Law
- These terms are governed by the laws of the Republic of South Africa.
- In the event of a dispute, both parties agree to resolve the matter in good faith before pursuing legal action.
- Any legal proceedings will be handled under South African jurisdiction.
Last updated: July 2025