Terms of Service
Your Agreement with Phanda Studios
Effective date: 17 March 2025. These Terms govern your access to the Phanda Studios website, XStreamCase™ systems, studio facilities, equipment rentals, and production services. By requesting a quote, signing a service order, or using our platforms you agree to these Terms.
Acceptance of Terms
Please read these Terms carefully. If you do not agree, you must not use our services or equipment. Supplemental agreements (quotes, statements of work, venue hire forms, NDAs) may apply to specific engagements; in case of conflict, those documents will prevail to the extent of the conflict. We may update these Terms from time to time and will post the revised version on this page with a revised effective date.
Definitions
“Phanda Studios”, “we”, “us”, “our”
Phanda Studios (Pty) Ltd, a company registered in South Africa, including our directors, employees, and authorised agents.
“Client”, “you”, “your”
Any individual or organisation that accesses our website, requests a quote, hires equipment, books studio time, or purchases our production services.
“Equipment”
All gear, accessories, cases, and consumables supplied by Phanda Studios for rental or as part of a production package.
“Services”
Live streaming, production support, on-air graphics, XStreamCase™ systems integration, studio and post-production bookings, consulting, or related offerings.
Service Eligibility & Onboarding
You represent that you are at least 18 years old, have legal capacity to enter into binding agreements, and are authorised to act on behalf of any organisation you represent. For first-time rentals we require onboarding documentation, including company registration or ID, proof of residence, authorised signatory details, and a refundable security deposit. We may run credit or verification checks and decline service at our discretion.
Quotes, Orders & Payments
Quotes are valid for the period stated (typically seven days) and subject to equipment availability. A booking is only confirmed once you accept the quote in writing and pay any required deposit. All invoices are due on the terms stated (usually 50% deposit and balance prior to handover). Late payments may incur interest at the maximum rate permitted by law and may delay delivery or collection. You are responsible for any bank charges, currency conversion fees, and taxes unless otherwise agreed.
Equipment Rental Terms
- • Equipment remains the property of Phanda Studios. Risk passes to you upon collection or delivery, and you must insure equipment for its full replacement value.
- • Standard collection window is 14:00–16:00 and returns are due by 10:00 on your agreed return date. Early or after-hours handovers can be arranged and may be billed as an additional rental day.
- • Delivery fees are fixed at R500 for greater Johannesburg and R700 for other Gauteng destinations unless stated otherwise.
- • You may not modify, remove serial numbers, or alter equipment. Consumables supplied (batteries, storage media) must be replenished or purchased separately.
- • Any damage, loss, or theft must be reported immediately. Repair or replacement costs, plus downtime, will be invoiced to you.
- • We provide basic training on request. It is your responsibility to ensure qualified crew operate the equipment safely.
Studio & Facilities Usage
- • Studio bookings include the spaces and standard inventory listed on your order. Additional gear, crew, or set dressing is billed separately.
- • You are responsible for conduct of all guests and talent. Smoking, hazardous materials, and excessive noise require prior approval.
- • Load-in/load-out times must be adhered to. Overtime is billed at the published hourly rate.
- • You must restore the studio to its original condition and dispose of waste responsibly.
Production & Live Services
Our crew will follow the agreed rundown and technical specification. You are responsible for providing accurate scripts, graphics, assets, and third-party licences. Where we integrate into your venues or networks, you must supply reliable connectivity, power, and backup routes. We are not liable for interruptions caused by venue infrastructure, third-party platforms, or force majeure.
Client Responsibilities
- • Provide accurate information during onboarding, quotes, and booking confirmations.
- • Obtain all necessary approvals, permits, location access, and broadcast licences for your production.
- • Ensure safe working environments for our team and any equipment deployed on-site.
- • Return rental equipment in the condition received, allowing for fair wear and tear, by the agreed date and time.
- • Immediately notify Phanda Studios of any fault, loss, theft, or damage to equipment.
- • Ensure all data, media, and content supplied to us respects copyright, privacy, and other applicable laws.
Prohibited Uses
- • Reverse engineering or modifying XStreamCase™ hardware or software without written consent.
- • Re-hiring or lending equipment to third parties unless expressly authorised in writing.
- • Using equipment for unlawful, hazardous, or high-risk activities without prior approval.
- • Tampering with tracking devices, asset tags, or embedded firmware.
- • Transmitting malicious code, interfering with our networks, or attempting unauthorised access to our systems.
Intellectual Property
Phanda Studios retains all intellectual property rights in XStreamCase™, on-air graphics software, templates, documentation, and proprietary methods. Unless otherwise agreed, deliverables created for your production are licensed for your use, subject to payment in full. You grant us a non-exclusive right to use your logos and footage for portfolio purposes unless you opt out in writing.
Confidentiality
Both parties agree to keep confidential information private and only use it for the engagement. Confidential information includes run-of-show documents, pricing, technical plans, login credentials, and proprietary content. This obligation survives termination of the agreement.
Data Protection
We process personal data in accordance with our Privacy Policy. Where we act as a processor, we will execute a data processing agreement as required.
Cancellation & Force Majeure
Cancellation fees may apply depending on notice period, crew booked, and custom fabrication completed. Force majeure events (including load-shedding, extreme weather, civil unrest, pandemics) relieve both parties from obligations while the event persists. We will work with you to reschedule as soon as practicable.
Disclaimers & Limitation of Liability
- • Phanda Studios will provide services with reasonable skill, care, and diligence. However, we do not guarantee uninterrupted availability of equipment or that broadcasts will be free from interruptions caused by third-party networks or force majeure events.
- • To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages, loss of profits, or reputational harm arising from your use of our services or equipment.
- • Our aggregate liability arising from any contract shall not exceed the total amount paid to Phanda Studios for the specific engagement giving rise to the claim.
- • Nothing in these Terms limits liability for gross negligence, intentional misconduct, death, or personal injury caused by our negligence.
Indemnity
You agree to indemnify and hold Phanda Studios harmless from claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of equipment, violation of third-party rights, or unlawful content supplied for production.
Termination
- • We may suspend or terminate access to services if you breach these Terms, fail to pay invoices, misuse equipment, or create unsafe conditions.
- • You may terminate a booking or service engagement subject to the cancellation terms outlined in your quote or service order. Deposits may be forfeited depending on notice period and resources deployed.
- • Upon termination, you must return all equipment immediately, settle outstanding charges, and cease use of any Phanda Studios intellectual property.
Governing Law & Disputes
These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of Gauteng. We encourage good-faith negotiation or mediation before commencing formal proceedings.
Changes to These Terms
We may update these Terms to reflect changes in our services or applicable law. We will post the revised Terms and, where appropriate, notify you via email or dashboard alert. Continued use of the services after the effective date constitutes acceptance of the revised Terms.
Contact
Questions about these Terms? Email legal@phandastudios.com or call +27 10 023 2939.