Terms & Conditions
Last updated: June 20251. Agreement
These Terms and Conditions ("Terms") govern all services provided by NOWAY Digital ("we", "us", "our") to any client ("Client"). By commissioning any service, the Client accepts these Terms in full.
2. Services
NOWAY Digital provides music video production, visual content creation, creative direction, and digital music distribution services. The specific scope, deliverables, timeline, and fee for each project are defined in a separate project agreement or invoice issued prior to commencement of work.
3. Payment Terms
Unless otherwise agreed in writing:
- A non-refundable deposit of 50% of the total project fee is required before work begins.
- The remaining balance is due upon delivery of final files.
- Final deliverables will not be released until full payment is received.
- Invoices unpaid after 14 days of the due date may incur a late fee of 2% per month on the outstanding amount.
4. Intellectual Property & Copyright
All content, footage, edits, and creative work produced by NOWAY Digital remain the intellectual property of NOWAY Digital until full payment has been received. Upon full payment:
- The Client receives a licence to use the delivered content for the purposes agreed in the project scope.
- NOWAY Digital retains the right to use any produced work for its own portfolio, promotional materials, and showreel, unless the Client requests confidentiality in writing prior to project start.
- Raw footage, project files, and source assets remain the property of NOWAY Digital unless explicitly included in the agreed deliverables.
5. Revisions
Each project includes the number of revision rounds specified in the project agreement. Additional revisions beyond the agreed number will be charged at our standard hourly rate. Revisions requested after final delivery constitute a new project and will be quoted separately.
6. Client Responsibilities
The Client agrees to:
- Provide all required materials (music, references, access to locations, talent) on the agreed dates.
- Ensure they hold the necessary rights and permissions for all music, content, and locations supplied.
- Provide timely feedback within the timeframes agreed for the project.
- Indemnify NOWAY Digital against any third-party claims arising from Client-supplied content.
7. Cancellation
If the Client cancels a project after work has commenced:
- The deposit is non-refundable in all cases.
- If more than 50% of the agreed work has been completed at the time of cancellation, the full project fee becomes due.
- NOWAY Digital reserves the right to cancel a project if the Client fails to provide required materials or payment within the agreed timeframes, without liability to the Client.
8. Digital Distribution
For digital distribution services, the Client confirms they are the sole rights holder of the submitted music and content. The Client accepts full responsibility for any copyright disputes, takedown notices, or claims arising from the distributed content. NOWAY Digital acts solely as an intermediary between the Client and distribution platforms.
9. Limitation of Liability
NOWAY Digital shall not be liable for any indirect, incidental, or consequential damages arising from the services provided, including but not limited to loss of revenue, loss of data, or failure of third-party platforms. Our total liability in any circumstance shall not exceed the total fee paid by the Client for the specific project in question.
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project and not to disclose it to third parties without prior written consent, except as required by law.
11. Force Majeure
NOWAY Digital shall not be held liable for delays or failure to deliver caused by circumstances beyond our reasonable control, including but not limited to illness, natural disasters, technical failures of third-party platforms, or government restrictions.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Serbia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts of Serbia.
13. Changes to These Terms
NOWAY Digital reserves the right to update these Terms at any time. The most current version will always be published on this page. Continued use of our services constitutes acceptance of any revised Terms.
Contact
For any questions regarding these Terms, please contact us at info@nowaydigital.com.
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