Conspicuous risk notice
Please read before accepting a quote.
Some clauses allocate responsibility, permit reasonable cancellation charges, address third-party and live-event failure risks, require client rights and clearances, and may limit liability where the law allows. Those provisions are marked as important risk terms. They do not exclude rights or remedies that cannot lawfully be excluded.
Contracting identity
No legal status has been invented.
The contracting supplier is the entity or individual identified on the applicable quotation. The exact legal status, registration particulars, VAT status, information-officer details and formal notice address remain owner-confirmed settings and must be completed before attorney sign-off.
1. Contracting parties and order of precedence
The supplier is the entity or individual identified as the supplier on the applicable quotation, statement of work or invoice. HAMMER 360° is the trading identity used for the services. No company registration status, VAT status or separate legal personality is implied unless it is expressly stated on the accepted commercial document.
The accepted quotation and its schedules, these core terms, an agreed statement of work, and any signed change request form the agreement. If they conflict, the signed change request prevails for that change, then the statement of work or accepted quotation, then the applicable service schedule, and then these core terms.
2. Scope, assumptions and change control
The scope is limited to the deliverables, quantities, assumptions, dependencies, review rounds and exclusions stated in the accepted quotation. A request that changes scope, timing, volume, platform, production method, deliverable format or responsibility is a change request.
HAMMER 360° may pause the affected work until the change request records the revised scope, price, timing and dependencies. Silence, informal discussion or access to preliminary work does not approve additional work.
- Change requested and described
- Commercial and timing impact assessed
- Written approval recorded
- Revised work scheduled and delivered
3. Client materials, decisions and authority
The client must provide accurate instructions, timely approvals, safe access, nominated decision-makers and materials in the agreed format. Delays or rework caused by late, incomplete or inaccurate client input may move delivery dates and may be charged through an approved change request.
The client warrants that it has authority and all necessary rights, permissions, releases, licences and consents for supplied names, data, trademarks, music, footage, photographs, scripts and other content. HAMMER 360° may refuse material that appears unlawful, unsafe or rights-infringing.
4. Review, approval and deemed acceptance
Approval must be given by an authorised contact through the portal, email or another agreed written channel. The client must inspect proofs, edits, calculations, links, dates, names, technical configurations and final deliverables before publication or use.
A deliverable is not deemed accepted merely because time passes where that would be unfair or contrary to applicable law. The quotation may, however, specify a reasonable review period after which HAMMER 360° may pause the project or proceed only with expressly approved elements.
5. Fees, deposits, tax and payment
Fees, deposits, milestones, recurring charges, tax treatment and payment dates are those on the commercial document. Amounts are payable using the document number as the payment reference. A payment is complete only when cleared funds are received.
HAMMER 360° may suspend undelivered work after reasonable notice if an undisputed amount is overdue. Interest, collection costs or administration charges apply only where the accepted quotation states them and applicable law permits them.
6. Cancellation, postponement and refunds
Cancellation and postponement charges must be reasonable in the circumstances and may reflect work performed, committed crew or suppliers, reserved capacity, non-refundable third-party costs, notice given, and the realistic ability to rebook. Any statutory cooling-off or cancellation right that applies is not excluded.
Refunds are assessed against the agreement, work completed, recoverable costs and applicable consumer law. These terms do not impose a blanket no-refund rule and do not waive a remedy that may not lawfully be waived.
7. Intellectual property and licences
The client retains ownership of its pre-existing materials. On full payment, the client receives the rights in final deliverables expressly stated in the quotation. HAMMER 360° retains its pre-existing tools, templates, reusable code, production methods, know-how and platform components.
Source files, raw footage, editable working files, code repositories, fonts, stock assets and third-party licences are transferred only if the quotation expressly includes them and the applicable licence permits transfer. Portfolio use requires the permissions and restrictions recorded for the project.
8. Data protection, security and artificial intelligence
Each party must comply with its applicable data-protection duties. Roles, processing instructions, retention, access, incident cooperation and cross-border or operator arrangements should be recorded where personal information is processed for the client.
Reasonable security is used, but no connected system is risk-free. The client must protect credentials, use authorised accounts and promptly report suspected compromise. Material use of generative AI in a deliverable should be disclosed where relevant; confidential or personal information must not be placed into an AI service without an appropriate lawful basis and instruction.
9. Warranties, liability and indemnities
Services are performed with reasonable care and skill. Any limitation or exclusion applies only to the extent permitted by law, must be read with the quotation, and does not exclude liability that cannot lawfully be excluded. Indirect-loss and aggregate-liability provisions, if applicable, must be conspicuous and proportionate to the transaction.
A client indemnity is limited to third-party claims arising from unlawful or unauthorised client-supplied content, instructions or access, to the extent caused by the client. It does not protect HAMMER 360° from its own unlawful conduct, gross negligence or other liability that cannot lawfully be limited.
10. Events outside reasonable control
Neither party is responsible for delay caused by an event genuinely outside its reasonable control, provided it gives prompt notice, mitigates the effect where reasonably possible and resumes performance when able. Payment remains due for conforming work already completed and unavoidable approved commitments.
11. Notices, complaints and disputes
A complaint should identify the project, disputed deliverable, facts and requested remedy so it can be investigated promptly. The parties should first attempt good-faith management negotiation, then mediation if suitable, before litigation or another agreed process.
Nothing in this clause prevents urgent court relief, a complaint to a competent regulator, or use of a statutory consumer remedy. South African law applies unless the commercial document lawfully states otherwise.
12. Electronic contracting and records
The parties consent to electronic communications and records. Portal acceptance records the accepted quote revision, total, terms version, content hash, signer identity, authority confirmation, timestamp and technical evidence. A later revision requires a new acceptance.
Electronic acceptance does not remove any disclosure, cooling-off, signature or record-retention requirement imposed by applicable law.
Websites, applications, portals, hosting, integrations, automation and managed digital operations.
Schedule A - Websites, software and managed digital systems
A1. Environments and acceptance
The quotation must identify environments, browsers, devices, integrations, migration assumptions, support period and acceptance checks. A defect is a reproducible failure against the accepted specification; a preference, new requirement, third-party change or unsupported environment is not automatically a defect.
A2. Third-party platforms
Cloud, payment, email, social, domain, app-store and API services are controlled by third parties. HAMMER 360° will use reasonable care in configuration and incident response but cannot guarantee their continued availability, pricing, approval or behaviour. Third-party costs and account ownership must be stated in the quotation.
A3. Security and continuity
The agreed security baseline may include access control, backups, monitoring and update responsibilities. No warranty of absolute security or uninterrupted service is given. Recovery objectives, maintenance windows and enhanced resilience require express scope.
Livestreams, conferences, golf days, AGMs, hybrid events, awards and on-site productions.
Schedule B - Live production, streaming and events
B1. Critical dependencies
Live delivery depends on venue access, power, connectivity, platform permissions, schedules, presenters, weather and third-party infrastructure. The production plan should identify backup options and the client decisions needed before going live.
B2. Interruption and remedies
HAMMER 360° must use reasonable care, test within the agreed scope and respond to incidents. Because live events cannot always be repeated, any service credit, re-edit, recording delivery or other remedy must be assessed against cause, backup scope and applicable law; liability that may not lawfully be excluded remains unaffected.
B3. Content and clearances
The client is responsible for event authority, speaker and attendee notices, music and performance licences, releases and lawful instructions unless the quotation assigns a clearance task to HAMMER 360°.
Commercial photography, video, portraits, weddings, editing and event media.
Schedule C - Photography, video and weddings
C1. Capture conditions
Coverage, hours, locations, shot priorities, crew, travel, delivery formats and review rounds must be stated in the quotation. Weather, venue rules, subject cooperation, safety and schedule changes may affect achievable coverage.
C2. Consent and sensitive events
The client must communicate agreed event photography and privacy arrangements and obtain special permissions it controls. HAMMER 360° must honour recorded restrictions and use heightened care for children, private ceremonies and sensitive personal information.
C3. Selection, editing and archive
Creative selection and editing are performed within the accepted brief. Raw or editable files are not included unless expressly stated. Retention periods and archive recovery fees must be stated; permanent archival storage is not implied.
Brand identity, design, campaigns, social media, copy, email and content production.
Schedule D - Content, marketing and brand services
D1. Claims and publication approval
The client is responsible for factual, pricing, legal and regulatory accuracy of claims it approves. Publication or media spend occurs only after the required approval and platform access are available.
D2. Performance
Forecasts, reach, engagement, rankings, approvals and sales outcomes are not guarantees. HAMMER 360° remains responsible for performing the agreed services with reasonable care and reporting known material issues.
D3. Brand assets and licences
Final asset rights, editable files, fonts, stock, music, talent, platform templates and portfolio permissions are governed by the quotation and applicable third-party licences.
Required legal review
Attorney review remains a release gate.
This production framework is designed for South African counsel to review against the Consumer Protection Act, Electronic Communications and Transactions Act, POPIA, PAIA, copyright law and the actual HAMMER 360° contracting structure. It is not represented as attorney-approved legal advice.