POWERDRIFT TERMS & CONDITIONS

(Last updated on : 25/07/2024)

• 1.

  Client undertakes to pay for any travel reimbursement and/or any added cost incurred by Powerdrift before start of the shoot subject to Powerdrift providing details of such cost and Client’s approval.

• 2.

  Client shall pay advance of 50% of project value to Powerdrift before commencement of shoot.

• 3.

  Balance 50% amount of deal value shall be paid by client to Powerdrift within 30 days from date of receipt of final deliverables.

• 4.

  Change in Scope of Work: Additional PO/RO shall be provided and updated deal document shall be signed by authorized representatives of Client and Powerdrift.

• 5.

  Feedback on 1st cut video / asset delivery to be provided within 3 working days.

• 6.

  Client shall be allowed a maximum of 3 edits within 15 days of deliverables or as explicitly agreed in the deal document by both client and powerdrift.

• 7.

  Client agrees on providing its confirmation on deliverables within 3 business days ("stipulated time") from receipt of deliverables. In the event the client does not provide its confirmation within stipulated time, the deliverables shall be deem accepted by the Client.

• 8.

  Client undertakes to clear the invoice amount within 30 days from date of invoice.

• 9.

  Client represents and warrants that the information shared by Client in relation to this deal document does not infringe, misappropriate, or conflict with any intellectual property rights of any third party and the Client is legally entitled to share such information for the purpose of this deal document.

• 10.

  Client understands and agrees that Powerdrift shall provide deliverables to Client on the basis of representation, information, concept, fictional characters, script etc. provided and approved by the Client.

• 11.

  Client agrees, to indemnify and hold harmless Powerdrift, its officers, directors, employees, agents and sub-contractors from and against any liabilities, expenses, damages and costs (including reasonable attorney’s fees and costs of defense) arising out of or related to breach of terms, deliverables, representations, warranties, obligations and/or any misuse of Services under this deal document.

• 12.

  Cancellation Fees: In the event Client terminates Deal document at the commencement of shoot, Client agrees to pay to powerdrift Actual cost or 50% of project value whichever is higher. Client agrees that in the event the deal document is terminated by client after the completion of shoot, Client shall be liable to pay to powerdrift Actual cost or 90% of project value whichever is higher.

• 13.

  In the event the Deal document is terminated by Powerdrift due to breach of terms by the Client Powerdrift shall be entitled to claim Deal amount from the Client and any other such damages as may be incurred by Powerdrift for payment of services pertaining to deliverables.

• 14.

  In no event shall either Client or Powerdrift, its shareholders, directors, officers, employees, agents, affiliates be liable to the other party for any indirect, special, consequential, incidental damages or any other damages arising out of this deal document and deliverables. The aggregate liability of Client shall not exceed the Deal Value amount as per deal document.

• 15.

  Subject to Client clearing all its dues, Powerdrift agrees and grants all rights, titles & interests in White Label Deliverables to the Client.

• 16.

  Client further agrees that Powerdrift shall retain all rights, titles and interests in Co-Branded Deliverables and the Client grants it’s no objection to Powerdrift to exploit commercially any such deliverables in perpetuity.

• 17.

  This deal document shall be governed by and construed in accordance with the laws of India. The competent courts in Pune shall have exclusive jurisdiction over any disputes under this Agreement. Any and all disputes under this deal document shall be referred to a sole arbitrator appointed by the Parties mutually and the decision of arbitrator will be final and binding.

• 18.

  No failure or delay in enforcing any right will be deemed a waiver unless made in writing and signed by a duly authorized representative of such Party.

• 19.

  If any provision of herein is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions.