General terms & conditions

Our general terms and conditions apply to all agreements and related correspondence (requests, quotations, offers, assignments, orders, order confirmations) and other legal acts.

Definitions

M44 Studios, established in Chennai.
Customer: the person with whom M44 Studios has entered into an agreement.
Parties: M44 Studios and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of M44 Studios.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

Offers and quotations from M44 Studios are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of 5 days, unless a different acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
Offers and quotations do not apply to repeating orders, unless the parties have explicitly agreed on this in writing.

Acceptance

Upon acceptance of a quotation or offer without obligation, M44 Studios reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
Verbal acceptance by the customer only binds M44 Studios after the customer has confirmed this in writing or electronically. From that moment on, the person who carries out the confirmation is regarded as authorized to sign. Even if the customer indicates after acceptance that another person should have given the confirmation.

Rates

All rates that M44 Studios uses are in INR , excluding VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All rates applied by M44 Studios for its products or services, on its website or otherwise made known, M44 Studios can change at any time.
The rate with regard to a service is determined by M44 Studios on the basis of the hours actually spent.
The rate is calculated according to the usual hourly rates of M44 Studios, valid for the period in which it performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service by M44 Studios, this is always a target price, unless the parties have explicitly agreed on a fixed price in writing, which cannot be deviated from.
M44 Studios is entitled to deviate up to 10% from the target price.
If the target price is more than 10% higher, M44 Studios must inform the customer in good time why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%.
M44 Studios has the right to adjust the rates annually.
M44 Studios will communicate the rate change to the customer prior to its entry into force.
The consumer has the right to cancel the agreement with M44 Studios if he does not agree with the rate change.

Consequences of not paying on time

If the customer does not pay within the agreed term, M44 Studios is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month .
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to M44 Studios.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, M44 Studios may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of M44 Studios on the customer are immediately due and payable.
If the customer refuses to cooperate with the implementation of the agreement by M44 Studios, he is still obliged to pay the agreed price to M44 Studios.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to M44 Studios against a claim against M44 Studios.

Insurance

The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the implementation of the underlying agreement
- items of M44 Studios that are present at the customer
- goods that have been delivered under retention of title
The customer will provide the policy of these insurance policies for inspection at the request of M44 Studios.

Guarantee

When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for M44 Studios, no result obligations.

Execution of the agreement

M44 Studios performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
M44 Studios has the right to have the agreed services (partially) performed by third parties.
The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
It is the responsibility of the customer that M44 Studios can start the implementation of the agreement in time.
If the customer has not ensured that M44 Studios can start the implementation of the agreement in time, the resulting additional costs and / or extra hours will be borne by the customer.

Information provided by the customer

The customer shall make all available to M44 Studios; information, data and documents relevant to the correct execution of the agreement in a timely manner and in the desired form and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the customer requests this, M44 Studios will return the relevant documents.
If the customer does not, does not timely or does not properly provide the information, data or documents reasonably required by M44 Studios and the implementation of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. customer.

Disclaimer

The customer indemnifies M44 Studios against all third-party claims related to the products and/or services supplied by M44 Studios.

Complaints

The customer must examine a product or service provided by M44 Studios as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform M44 Studios of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform M44 Studios of this within 2 months after the discovery of the shortcomings.
The customer provides a detailed description of the shortcoming, so that M44 Studios is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to M44 Studios being forced to perform other work than has been agreed.

Notice of default

The customer must notify M44 Studios of any notice of default in writing.
It is the responsibility of the customer that a notice of default actually reaches M44 Studios (in time).

Customer joint and several liability

If M44 Studios enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts they owe to M44 Studios under that agreement.

Liability M44 Studios

M44 Studios is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If M44 Studios is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
M44 Studios is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If M44 Studios is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the ) invoice amount to which the liability relates.
M44 Studios cannot be held liable for;
- Personal injury caused by the use of special effects / FX including co2, confetti, streamers, flames and fireworks.
- Personal injury caused by a person changing the flight direction of the drone against the input of the pilot. Think of hitting away the drone, grabbing the drone from the air, etc. or throwing objects at the drone.
Injuries caused to persons involved in the drone operation.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from M44 Studios will in any case expire 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the India Civil Code.

Right to dissolution

The customer has the right to dissolve the agreement if M44 Studios imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by M44 Studios is not permanently or temporarily impossible, dissolution can only take place after M44 Studios is in default.
M44 Studios has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if M44 Studios has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force majeur

In addition to the provisions of the India Civil Code, a shortcoming of M44 Studios in the fulfillment of any obligation towards the customer cannot be attributed to M44 Studios in any of the will of M44 Studios independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from M44 Studios.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power and/or electricity outages, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages, not being allowed to operate in closed airspace.
If a force majeure arises as a result of which M44 Studios cannot fulfill one or more obligations towards the customer, those obligations will be suspended until M44 Studios can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
M44 Studios does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Change of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Cancellation

In the event of cancellation by the customer after accepting the product or service, India Drone of God can charge the customer the following costs.

In the event of cancellation due to force majeure, only the work already performed by M44 Studios will be charged to the customer for 50%. The exception is paragraph 2, which will be charged in full.
In the unlikely event of Air Traffic Control cancelling a pre-confirmed flight M44 Studios reserves the right to charge 100% of the already made expenses to the client as flight planning. Cancellation of the acceptance where a flight plan has already been produced, regardless of force majeure, will be charged 100% to the customer.
In case of cancellation of the acceptance by the customer 24 hours before the start of the operation, 50% of the total amount will be charged to the customer.
In case of cancellation of the acceptance by the customer 48 hours before the start of the operation, 25% of the total amount will be charged to the customer.

Change of general terms and conditions

M44 Studios is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major substantive changes will be discussed by M44 Studios with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Ownership of copyright

Ownership of Copyright: M44 Studios shall retain all copyright and ownership rights to any films or other audiovisual works created by M44 Studios during the term of this agreement. The customer acknowledges that M44 Studios is the sole owner of all intellectual property rights in and to the films produced by M44 Studios.
License Grant: M44 Studios grants the customer a non-exclusive license to use the films produced by M44 Studios solely for the purposes specified in the agreement. The license shall be limited to the territory and time period agreed upon by the parties.

Transfer of rights

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of M44 Studios.
This provision applies as a clause with property law effect as referred to in the Indian law.

Consequences nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what M44 Studios had in mind when drawing up the conditions on that point.

Applicable law and competent court

Indian law applies exclusively to every agreement between the parties.
The Indian court in the Chennai district where M44 Studios is established / has a practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

This agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether oral or written.

Invoice Terms and Conditions - M44 Studios

1. Payment Structure: A non-refundable advance of 50% of the total price is to be paid 7 days before the shoot date of the project. The remaining amount is to be paid before the unmarked footage/final video is delivered. As part of our workflow, we will initially upload 50% of the footage for your review and quality check. Once the final payment has been made, we will proceed to upload the complete set of footage. For any international transactions, the client should bear the transaction and conversion charges to INR. Any late payment fees are subject to interest charges (A 15% hike per month of the remaining sum to be paid). Any requirements other than the deliverables mentioned above are exclusive of the quoted price. If TDS is deducted, the certificates concerning it need to be emailed. We prefer UPI, Paypal, Xoom, and bank transfers / Net Banking for the payment modes. The payment date marks the contract start date.

2. Pricing: The prices are non-negotiable and applicable only for 5 days from this invoice date and are subject to change. Additional work hours for all types of production will incur additional prices. The changed pricing will be set by the management.

3. Deliverables: Upon receiving the 50% advance of the total amount, the team will start working on the project and once the shoot and edit are complete, low-resolution watermarked footage as the first draft will be shared after a minimum of 7 business days. The client may opt for an express delivery, if possible, for an additional price set by the management. At this stage, we encourage you to review the footage and provide us with any feedback or requested revisions. After receiving the remaining 40% of the amount, the revised (if any), high-resolution watermarked footage shall be shared. The high-resolution unmarked footage will be shared once the client pays the remaining 10% to complete the total payment.

4. Revisions: All revisions are chargeable per iteration. Only the revision charges for the first draft will be inclusive of the invoice value. After the low-resolution watermarked footage is shared, we encourage you to review the footage and provide us with any feedback or requested revisions altogether via email. Changes will only be made once we receive all the revisions along with a 50% advance of the revision charges to our email mentioned above. The revision pricing will be set by the management. The minimum period required for a revision is 2 business days. The client may opt for an express delivery, if possible, for an additional price set by the management.

5. Termination: If either party may terminate/postpone a part or the whole contract at any time for any reason they deem necessary with written notice, the amount paid as advance or revision will remain with the management and for all the expenses incurred before the contract termination. If either party changes a part or the whole contract, the revised amount paid will be decided by the management. Should the Client choose to cancel the project, after the deliverables are shared the Client will remain responsible for the full payment of the project to the management.

6. Liability: M44 Studios has no liability until the client sends a signed copy of this invoice via email form the company/individual making the payment. The client is advised to seek shooting/filming permission for Drone/DSLR from the local authorities for private/public spaces. The client is liable for any applicable permission/operation fine by private/ Government authorities. This project is valid only for 30 days from the advance date and if so the project is postponed from the client's side due to an unforeseen circumstance, the management isn't liable to work on this project on the revised dates. The client may provide confidentiality or non- disclosure requirements that may apply to the project if needed. The client must indemnify against any claims, damages, or losses arising from using the final product. Any communications regarding the project work shall only be made from 9 AM - 9 PM IST. The client may own intellectual property and content ownership only after the full payment is done. The management holds the right to include all work done in their public portfolio. The client may request an NDA if needed. The client must specify the full purpose of the project, use of the final product, and screening platforms and must abide by it. Any breach of the said guidelines shall be presumed to be a breach of this agreement and legal action will be taken

against the same. The area of the jurisdiction of this agreement is Chennai, Tamil Nadu.

7. Agreement: The client shall email this document with the sign and stamp below. After the advance payment has been received, the parties agree to

have read, understood and complied with the terms listed in this contract and additionally on our website: m44studios.com/terms. By following this policy, we can ensure that our clients receive high-quality services while also protecting everyone’s business interests. If you have any questions/concerns about our payment policy, please do not hesitate to contact us.