Nowvids Media Pte. Ltd. is in the business of providing production services such as video, photo, audio, music, event, event management/planning, AVL (Audio-Visual-Light) rental, consultation, design and digital marketing services, (collectively "Content", "Productions", "Services") and other content as well as other products and services that may be developed from time to time for brand owners, businesses, companies, and organizations. theVideocompany, TVC, Nowvids are brands of Nowvids Media Pte Ltd.

1. Service Agreement. This Service Agreement (also known as "Terms of Service Agreement") forms part of the document issued including but not limited to quotations, invoices, contracts and/or official memorandum. This Agreement is in force for the content production services as described. Client shall not disclose, duplicate or use information in whole or in part of this document for any other purposes other than to evaluate the contract provided by us. Client shall use this document when both parties agree to the consulting and/or contract assignment when it is awarded to us in connection with the submission of this document.

2. Confidential Information.
a. Nowvids and the Client ("Client", "Clients", "Parties") agree to enter into a confidential relationship with respect to disclosure of certain proprietary & confidential information (“Confidential Information”).
b. Neither party shall disclose to any third party any Confidential Information acquired during the performance of this Terms of Service Agreement.
c. “Confidential Information” shall mean all information identified in writing as confidential by either party to the other prior to disclosure thereof and any other information that either party would reasonably expect is confidential or proprietary.
d. Confidential Information shall not include any information which (i) is in or which enters the public domain through no fault of either party; (ii) is rightfully disclosed to a party by any third party; or (iii) was previously known to such party.

3. Response Time.
a. The Client shall furnish all the required information and assist us to answer questions pertaining to the Scope of Work during the project within three (3) business days.
b. Nowvids agrees to provide support during business hours (9am - 6pm, Mondays to Fridays) throughout the life of the campaign, event, productions for technical or business-related issues, within three (3) business days to correct any outstanding issue.

4. Change to Scope of Work and Project Timeline.
a. Any changes to the Scope of Work will result in delay or may affect the quality of the Service Deliverables.
b. If the Scope of Work is agreed by Parties to have changed over the course of the project (i.e. change in project timeline, scope of work, non-provision of source material and major change requests), Nowvids reserves the right to re-quote for the project.

c. Extension Fee. Unless otherwise stated in the Quotation and/or Terms of Service Agreement, each project timeline upon Quotation or last Filming date shall not

take more than three (3) months to complete. If the project timeline is delayed by Client, including delays in submitting revision feedback, there will be a 25% surcharge of the project fee or $3,500 per month, whichever is higher.

5. Point of Contact. The Client shall provide one main point of contact through which all feedback and communication between the two organisations shall flow.

6. Provision of Information. The Client shall provide its corporate marketing material/ brand collaterals, including high-resolution logo, trademark, white-paper, articles, press releases, assets such as videos, images, graphics, music (digital source files) when requested. Costs of preparing such material are not included in the scope of this agreement.

7. Media Service Deliverable and Content Management.
a. All Service Deliverables, revisions and submissions will be uploaded and delivered electronically on a centralised Project Management System or via Cloud platform such as Google Drive, YouTube and/or third party platform.
b. In order for Nowvids to perform our Service Deliverables and meet project performance, it is imperative that Client responds to all written communications within two (2) business days. Failure to do so will impact the outcome of this Agreement.

c. Nowvids at its very best effort will deliver the Content or Services within the expected completion date, with a minimal lead time of 9-15 working days for the first draft/first cut upon filming, receiving footage/video, audio, logo, graphics and collaterals from Client. Subject to availability and complexity of the Client’s review/comment/feedback, subsequent revision will be submitted with a minimal lead time of 7-15 working days. Should the feedback differs from the Scope of Work, Nowvids reserves the rights to extend the completion date and re-quote for the project.

d. Rush Fee. Unless written request are submitted to Nowvids prior to the commencement of the project and/or this Terms of Service Agreement, advance delivery request and/or same-day-edit, are strictly subject to availability and additional expedition surcharge fee (rush fee) at 35% of the total project fee or $2,500, whichever is higher.

e. Except for “Work for Hire” or "Filming-only-contracts", Nowvids does not release any raw media files and/or working files to any party, as part of the project deliverables.

f. Media Transfer Fee. Unless otherwise written request for the raw media files are submitted by Client to Nowvids prior to commencement of the project, a transfer fee will incur as follow;

Less than 20GB at 5% of the project fee or $2,500, whichever is higher
Less than 50GB at 10% of the project fee or $3,500, whichever is higher
Less than 100GB at 15% of the project fee or $7,500, whichever is higher
100GB or more at 20% of the project fee or $10,500, whichever is higher

g. Library Storage Fee. Raw media files may be available in our library three (3) months from the project completion and/or delivery date, subject to our storage availability. Any request for the raw files will incur both the Media Transfer Fee, and the Library Storage Fee of $2,000/per annum, whichever is higher.

h. Re-Editing. Re-Editing and revision request submitted by Client after project completion (sign-off) and/or project delivery date, will incur a Library Storage Fee of $2,000 on top of the service fee, to allow Nowvids re-ingest all files back to a working file format in our editing suite.

8. Media Copyrights
a. The copyrights of the Master File and/or the completed/edited Content (also known as the "Master File", "Final Output", "Deliverables", "Finished Product") belongs to the Client, and the Client has full rights to publish, reproduce and distribute across various media platforms.

b. Whereas, all copyrights of the Non-master files (also known as "Media", "Raw Files", "Clips", "Videos", "Images", and "Project Working Files") filmed, designed, produced and developed by Nowvids for the Client's project, are "fixes" that belongs to us, and Nowvids has all rights to publish, reproduce part or full clip across various media platforms including but not limited to customer testimonial, company portfolio, showreel and case studies.

c. All royalty-free stock video, sound, music clips and sound effects used in the Content production are purchased/licensed for non-exclusive rights to use, for both commercial and non-commercial use, without any recurring royalties or credit/attributions. All royalty-free video, sound, music clips and sound effects copyrights belongs to the respective label, producer, production house, publisher and/or artist.

d. Client agree to possess full Copyright clearances/permission from its legal owner and undertake full responsibility on all copyright materials such as videos, images, music files that are submitted to Nowvids to be incorporated in the final deliverables/finished product.

9. Talents and Cast.
a. Talents, cast, models and/or performers engaged by Nowvids will be contracted with a Talent Release Form, undertaking the rights to feature them in appearance in the selected media platform, the loading duration and their roles in the final deliverables/finished product.

b. Client agree to seek permission and possess the rights from Talents, cast, models and/or performers engaged by the Client including internal staff/employees or any third party with a release form, including but not limited to their full particulars, roles/appearances, the loading duration and agreement to be featured and published at the selected media platforms, whereby a copy of the release form to be submitted to Nowvids prior to the production.

10. Project Reschedule and Cancellation Fee.
a. 10% of the quotation amount will incur to the Client when a reschedule to the booking date is made within 2 weeks before the filming/event date.

b. 35% of the quotation amount will incur to the Client when cancellation of quotation is made within 2 weeks before filming/event date.
b. 50% of the quotation amount will incur to the Client when cancellation of quotation is made 7 days before filming/event date.
c. 80% of the quotation amount will incur to the Client when cancellation of quotation is made 3 days before filming/event date.
d. 100% of the quotation amount will incur to Client when cancellation of quotation is made 24 hours before filming/event date.

e. 45% of the quotation amount will incur to Client when cancellation is made after pre-production scope of work such as script, storyboard, moodboard, event planning and/or conceptualisation papers has been submitted to Client.

11. Termination of Agreement.
a. Each party shall have the right to terminate this Agreement by written notice to the other if a party has materially breached any obligation herein and such breach remains unresolved for a period of thirty days after written notice of such breach is sent to the other party. Upon such termination, all amounts owed to Nowvids under this Agreement for accepted work shall immediately become due and payable and all rights and licenses granted by Nowvids to Client under this Agreement shall be forfeited.
b. If Nowvids terminates this Agreement because of Client’s default, all of the following shall apply:

(i) All amounts payable or accrued to us under this Agreement shall become immediately due and payable;

(ii) All rights and licenses granted to Client under this Agreement shall be forfeited.

12. Dispute Resolution.
a. In the event there is an issue, which cannot be resolved at review meetings, either party will designate a corporate executive who will meet to resolve the issue.
b. Any dispute in connection with this Proposal or Terms of Service Agreement shall be settled by arbitration in accordance with the Singapore Arbitration Act, provided however, should any dispute arise under this Proposal or Terms of Service Agreement, the parties shall endeavour to settle such dispute amicably between them.
c. In the event that the parties fail to agree upon an amicable solution, such dispute shall be determined by arbitration as aforesaid.

13. Force Majeure. Nowvids Media Pte. Ltd .will not be liable for delays or errors in its performance or for non-performance, due to causes beyond its reasonable control (“force majeure event”) and shall be entitled to a reasonable extension of time to remedy any such delay or failure to perform. If force majeure event cannot be resolved within sixty (60) days, both Parties may choose to terminate this Agreement.

14. Commencement of Work. Work will commence upon the signatory of this Agreement. Without a signed agreement and/or quotation, Nowvids Media Pte Ltd reserves the right to disregard any submission request by the Client.

15. This Terms of Service Agreement including but not limited to quotations, invoices, contracts, official memorandum and all orders herein shall be governed by and construed under the laws of the Republic of Singapore.

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You may send an email to contact@thevideocompany.sg should you need further clarifications on the above terms and conditions of the Terms of Service Agreement or mail to the following address.

Nowvids Media Pte Ltd

Co.Reg.No.: 201908039D

1 Yishun Industrial Street 1, #05-03 A'Posh Bizhub,

Singapore 768160

Office: (65) 6602 8005

Effective January 2019
Last Updated 7 August 2023