Terms of Service

Terms of ServiceLegal Terms & Conditions

These terms govern your use of CAVEA FILM services and website. Please read carefully before engaging our services or using our website.

Last updated: 2024-01-15

Acceptance of Terms

By accessing our website, requesting our services, or entering into any agreement with CAVEA FILM, you acknowledge that you have read, understood, and agree to be bound by these terms of service. If you do not agree to these terms, please do not use our services.

Definitions

Key terms and their meanings as used throughout these terms of service

CAVEA FILM / Company / We / Us

CAVEA FILM Yapım ve Prodüksiyon A.Ş., a company incorporated under Turkish law with registered office in Istanbul, Turkey.

Client / You / Customer

Any individual, company, or organization that engages CAVEA FILM for production services or uses our website.

Services

All film and video production services, consulting, location services, equipment rental, and related activities provided by CAVEA FILM.

Agreement / Contract

Any written agreement, quote, or contract between CAVEA FILM and the Client for specific production services.

Deliverables

All materials, footage, edits, and final products created and delivered as part of our services.

Website

The CAVEA FILM website located at caveafilm.com and all associated subdomains and pages.

Service Terms

Terms governing the provision of our film production services

Service Provision

Service Scope

Services are provided as specified in individual project agreements. Any changes to scope require written approval and may affect pricing and timelines.

Professional Standards

We maintain high professional standards and use industry-standard equipment and practices. All services are performed by qualified professionals.

Timeline Compliance

We strive to meet agreed timelines. Delays due to weather, permits, client changes, or force majeure events may affect delivery schedules.

Location Access

Client is responsible for securing necessary location access and permits. We assist but cannot guarantee permit approval or location availability.

Client Responsibilities

Information Provision

Client must provide accurate, complete, and timely information necessary for service delivery, including briefs, materials, and access requirements.

Decision Making

Client must make timely decisions on creative and technical matters to avoid project delays. Delayed decisions may result in additional costs.

Payment Obligations

Client agrees to pay all fees as specified in the agreement, including any additional costs for scope changes or extended services.

Legal Compliance

Client ensures all provided materials comply with applicable laws and do not infringe on third-party rights or intellectual property.

Payment Terms

Payment schedules, methods, and policies for our services

Payment Schedule

  • Project deposits are typically 30-50% upon contract signing
  • Progress payments may be required for long-term projects
  • Final payment is due upon delivery of completed deliverables
  • Payment terms are specified in individual project agreements

Accepted Methods

  • Bank transfer (preferred method)
  • Credit card payments (processing fees may apply)
  • International wire transfers
  • Cryptocurrency (for international clients, subject to agreement)

Late Payment

  • Late payment fees: 1.5% per month on overdue amounts
  • Right to suspend services for payments more than 30 days overdue
  • Collection costs and legal fees may be charged to client
  • Ownership of deliverables may be withheld until payment completion

Cancellation & Refunds

  • Cancellation fees apply based on project stage and incurred costs
  • Pre-production cancellation: 50% of deposit refundable
  • Production phase cancellation: No refund of costs incurred
  • Completed work is payable regardless of project cancellation

Intellectual Property Rights

Ownership and usage rights for all materials and intellectual property

Work Product Ownership

Rights and ownership of created materials

  • Client owns final delivered materials upon full payment
  • CAVEA FILM retains rights to production methodologies and techniques
  • Raw footage and intermediate materials remain CAVEA FILM property unless specified otherwise
  • Client receives license to use delivered materials as agreed in contract

Pre-existing Materials

Rights to materials existing before the project

  • Client retains ownership of materials provided to CAVEA FILM
  • Client grants CAVEA FILM license to use provided materials for the project
  • CAVEA FILM equipment, software, and proprietary methods remain our property
  • Third-party materials require proper licensing by client

Portfolio & Marketing Rights

Use of project materials for business promotion

  • CAVEA FILM may use project materials for portfolio and marketing purposes
  • Client may request confidentiality for sensitive projects
  • Credit and attribution rights are specified in project agreements
  • Awards and festival submissions require client approval

Trademark & Branding

Use of company names and branding

  • Each party retains ownership of their respective trademarks
  • Permission required for use of company names in marketing materials
  • CAVEA FILM may include logo in film credits unless otherwise requested
  • Client may not use CAVEA FILM branding without written permission

Liability & Limitations

Liability limitations, insurance requirements, and risk allocation

Service Limitations

Limitations on service guarantees and responsibilities

  • Services provided on "as is" basis with professional best efforts
  • No guarantee of specific creative or commercial outcomes
  • Weather, technical failures, and force majeure events are outside our control
  • Client approval is required for all creative decisions and deliverables

Liability Cap

Maximum liability limits for various scenarios

  • Total liability limited to total project fees paid by client
  • No liability for indirect, consequential, or punitive damages
  • No liability for lost profits, business interruption, or opportunity costs
  • Equipment damage liability limited to replacement cost minus depreciation

Insurance & Indemnification

Insurance coverage and indemnification terms

  • CAVEA FILM maintains professional liability and equipment insurance
  • Client responsible for location insurance and permits as required
  • Client indemnifies CAVEA FILM against third-party claims from client materials
  • Both parties responsible for their respective personnel and equipment

Confidentiality

Protection of confidential information and trade secrets

Confidential Information

Information considered confidential by both parties

  • Project details, scripts, and creative concepts
  • Business strategies, financial information, and trade secrets
  • Client lists, contact information, and business relationships
  • Technical specifications, methodologies, and proprietary processes

Protection Obligations

How confidential information must be protected

  • Use confidential information only for authorized project purposes
  • Implement reasonable security measures to protect information
  • Limit access to personnel with legitimate need to know
  • Return or destroy confidential materials upon project completion

Disclosure Exceptions

Situations where confidentiality obligations may not apply

  • Information that becomes publicly available through no fault of recipient
  • Information independently developed without use of confidential materials
  • Information required to be disclosed by law or court order
  • Information with prior written consent from disclosing party

Dispute Resolution

Process for resolving disputes through negotiation, mediation, and arbitration

1

Direct Negotiation

Maximum duration: 30 days

Parties attempt to resolve disputes through direct communication and negotiation

Written notice of dispute to be provided
Senior management from both parties to meet and discuss
Good faith efforts to reach mutually acceptable resolution
Documentation of negotiation attempts and outcomes
2

Mediation

Maximum duration: 60 days

Professional mediation through qualified third-party mediator

Selection of mutually acceptable mediator
Mediation to be conducted in Istanbul, Turkey
Costs of mediation shared equally between parties
Confidential and non-binding process
3

Arbitration

Maximum duration: 120 days

Binding arbitration under Turkish law and international standards

Arbitration under ICC Rules or Istanbul Arbitration Centre
Single arbitrator for disputes under €100,000, three for larger disputes
Proceedings conducted in English or Turkish as agreed
Final and binding decision enforceable in any jurisdiction

Governing Law & Jurisdiction

Legal framework and jurisdiction governing these terms and any disputes

Turkish Law

Primary governing law and jurisdiction

  • Governed by laws of Republic of Turkey
  • Turkish Commercial Code and Civil Code apply
  • Istanbul courts have exclusive jurisdiction for legal proceedings
  • Turkish language version of terms prevails in case of translation conflicts

International Considerations

Special provisions for international clients and projects

  • International co-production treaties may apply where relevant
  • Currency exchange and international payment regulations observed
  • Cross-border intellectual property laws considered
  • Tax obligations subject to applicable bilateral agreements

Legal Contact Information

Contact us regarding these terms of service or legal matters

CAVEA FILM Yapım ve Prodüksiyon A.Ş.

Legal Department

legal@caveafilm.com
+90 212 123 4571 (Legal Line)
Istanbul, Turkey

For urgent legal matters, please mark correspondence as "URGENT - LEGAL" and we will respond within 24 hours during business days.

Terms Amendments

CAVEA FILM reserves the right to modify these terms at any time. Material changes will be communicated to clients via email or website notice. Continued use of our services after changes constitutes acceptance of the new terms.