Service Level Agreement

Dear Valued Client,

                                                                

Thank you for choosing Quinoa Media Singapore Pte. Ltd.

 

With much excitement, we look forward to our long-term partnership together. This is a Service Level Agreement, which details the terms by which the Company’s Services will be provided. If you have any questions, please do not hesitate to contact the Company for clarification.

1.           Definition

 

1.1.       “Property” refers to any and all tangible/intangible property(ies), including but not limited to logos, trademarks, media assets, and/or files.

 

1.2.       “Intellectual Property” refers to copyrighted Property(ies) that belongs to a copyright holder.

 

1.2.        “Company” refers to Quinoa Media Singapore Pte. Ltd.

 

1.3.        “Client” refers to the entity(ies)/person(s) who engaged the Services of the Company.

 

1.3.        “Services” refers to any items or services, and/or the rendering/creation/fabrication process of any items or services, including but not limited to marketing services, account management services, media production services, consultations, and/or media assets, provided or to be provided by the Company to the Client.

 

1.4.        “Data” refers to any form of consolidated or singular information, processed and/or unprocessed, tangible and/or intangible, digital and/or hardcopy.

 

1.5.       “Account” refers to accounts managed by the Company for the Client, including but not limited to Google Accounts, Social Media Accounts, Accounts of the Client’s Profile, Email Service Provider Accounts, and/or any other types of Account belonging in part or in whole to the Client.

 

1.6.        “Third-Party Items” refers to any items or services, including but not limited to music soundtracks, media assets, music, voice-overs, talents, artistes, contractors, and sound effects, which are not solely produced and/or owned by the Company.

 

1.7.        “Involved Persons” refers to persons directly or indirectly engaged and/or involved in the Company’s Services provided to the Client.

 

2.           Consent and Permission from the Client

 

2.1.        Where relevant Services have been purchased, the Client hereby authorises and gives its full consent and permission to the Company to:

(1) Use any and all Properties provided by the Client, without limit and at the Company’s sole discretion, for the Company to fulfil its Services based on the Client’s purchase.
 

(2) Manage the Client’s Accounts and Data, including but not limited to, making changes to Account settings and functionalities within the Client’s Account(s) managed by the Company, publishing communication messages, content, write ups, and/or visuals, for and/or on behalf of the Client, to fulfill its Services based on the Client’s purchase.

 

2.2.        Where any Involved Persons are not directly engaged or hired by the Company, the Client shall solely be responsible to ensure that all such Involved Persons explicitly grant their full and irrevocable permission to the Company to capture media assets, including but not limited to photography images, video, and audio recordings, of them or the likeness of them, and to ensure that such Involved Persons have waived their rights to any fees payable, to inspect, or to approve the finished products that may be used by the Company. The Company shall not be liable for any claims made by any Involved Persons.

 

2.3.        Where any locations, at which the Company provides its Services, are not directly booked by the Company, including but not limited to online virtual spaces, meeting rooms and concert auditoriums, the Client shall solely be responsible to ensure that any and all fees chargeable for the use of any such locations have been paid for, and that the Company is permitted to use any and all such locations to fulfil its Services based on the Client’s purchase, with zero fees charged to the Company.

 

2.4.       The Client gives its consent that Services provided and/or the process of providing Services may be recorded/documented in the form of digital or hardcopy formats, including but not limited to photography images, video, audio recordings and/or written texts, and may be used for the Company’s marketing and portfolio purposes.

 

2.5.        Where any of the above-mentioned consent and permission to use the Client’s Properties are given, the Client shall also be solely responsible to ensure that the relevant consent and permission from any and all rightful and respective copyright owners have been obtained.

3.           To Indemnify the Company and Disclaimers

 

3.1.        The Client hereby agrees to defend and indemnify the Company on a full indemnity basis, and to hold harmless the Company and its officers, agents, employees, successors, and assigns, from and against any and all liability, damages, losses, claims, demands, actions, causes of actions and costs, arising out of any and all claims relating to the Services performed or to be performed.

 

3.2.        In consideration of the Company supplying its Services and coordinating with the Client, the Client acknowledges and agrees that to the fullest extent permitted by law, none of the Company and/or its employees and suppliers accept any responsibility or liability for:

 

(1) Any loss of business or profits nor any direct, indirect, consequential loss or damage resulting from irregularity, inaccuracy or use of any and all information managed and/or published by the Company.

 

(2) Any loss of business or profits arising from disruptions, interventions, updates and changes made by third party companies, including but not limited to Google, YouTube, Facebook, Instagram, and LinkedIn.

 

(3) Any errors or omissions, or from the results obtained from the use of any and all information provided by the Company. There is no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the aforementioned information, and without warranty of any kind, implied or express.

 

3.3.        The Client understands that any and all performance represented is historical; past performance is not a reliable indicator of future results and any investment and/or advertising expense may not recover the full amount invested.

4.           Force Majeure and Unforeseen Circumstances

 

4.1.        Where the situation arises at any point in time, such that the Company is not able to perform its Services due to unforeseen circumstances, including but not limited to riots, acts of God, war, storm, flood, or any other similar cause or event beyond the control of the Company, an amendment to any pre-agreed Services’ deadline(s) shall be mutually agreed by both the Company and the Client.

5.           Intellectual Property and Licensing

 

5.1.       Upon delivery of Services, the Client shall solely be responsible to ensure that the use of any Intellectual Property(ies) associated with the Client’s purchased Services, including but not limited to photos, videos, music, and graphic designs, are within the scope of the issued license terms only, and that the use of any such Intellectual Property(ies) do not infringe upon any copyrights and/or any governing laws of countries/entities.

 

5.2.        Any and all Third-Party licenses associated with the Client’s purchased Services is/are deemed to be transferred to the Client upon delivery, unless otherwise stated. The Company is not liable for any compensation or act of copyright infringement arising out of any intentional and/or non-intentional breach of license from the point of Services delivery.


5.2.       The Company reserves all rights to its Services produced.

6. Orders & Payment

 

6.1.        The payment milestone shall be as follows:

 

(1) For orders involving on-site Services, a 50% non-refundable deposit is due and payable upon confirmation. Any outstanding balance shall be paid upon the first commencement of Services on-site.

 

(2) For orders below $1,000.00, or for orders not involving on-site Services, full payment shall be paid upon confirmation of order, unless otherwise stated.

 

(3) For subscription/retainer orders, payment shall be made by the first day of each month in consecutive monthly billing, paid over the period of the subscription/retainer package term, unless otherwise stated. There is no cancellation/termination of Services for subscription/retainer orders, and full payment shall continue to be made in consecutive months until the end of the purchased subscription/retainer term, in the event Services halt temporarily or in perpetuity. 

 

6.2.        Payment shall be made by the invoice due date, or by the last day of payment date where credit term is extended. Should there be any lapse in payment, the Company reserves the right to immediately cease its Services until payment has been made.

 

6.3.        Delivered Services remain the Property of the Company until full payment has been made, failing which the Company reserves the right to retract/retrieve all rights to, access to and possession of the delivered Services.

 

6.4.       Cancellation/termination of non-subscription/non-retainer orders are subject to payment of 30% of total amount.

 

6.5.       Notwithstanding the aforementioned, 50% of total outstanding balance shall be payable upon the cancellation/termination of any scheduled on-site Services within 14 days prior to its commencement, and/or full payment of total outstanding balance shall be payable upon the cancellation/termination of any scheduled on-site Services within 7 days prior to its commencement, unless otherwise stated.

 

6.5.       Upon expiry of order, the Client shall make all outstanding payments for Services provided, including any third-party expenses incurred or committed by the Company for the provision of Services to the Client, as of the date of order expiry.

 

6.6.       A 3% per month late payment fee will be imposed on overdue payments.

7.          Miscellaneous

 

7.1.       The Client understands that the following fees/costs are not covered under the quotation and will be in addition to the quoted price:

 

(1) Investments and Advertising Expenses, including but not limited to Client’s expenditure spent on advertising on platforms such as Google, YouTube, Facebook, Instagram, and LinkedIn.

 

(2) Subscription and/or hosting fees paid to the Company and/or third-parties, including but not limited to information stored/hosted on the Company’s servers/equipment, website and/or domain hosting subscription fees.

 

(3) Location and permit fees.

 

7.2.       For Account management Services:

 

(1) Where the Client would like to request for the Company to make any changes to its Accounts, the time required to complete the requested changes is subject to the amount of work required to be done.

 

(2) Where the Client makes any voluntary changes to its Accounts, the Client is required to immediately notify the Company. This is to facilitate the timeliness of information communicated and understood between both the Company and the Client, pertaining to the managed Accounts.

 

7.3.       For Production Services:

(1) Up to thirty days (30 days) advanced notice may be needed for rescheduling production Services, subject to availability of third party arrangements, manpower and resources.

 

(2) A minimum of two (2) to three (3) working days may be needed for post-production revisions, depending on the amounts of change requested by the Client.

 

(3) Unless otherwise stated, the lead time for production of:

 

a. Images, digital graphics and audio assets is a minimum of seven (7) working days from the date of on-site Services provided, or from the date of acquisition/confirmation of all media assets, whichever later.

 

b. Video assets is a minimum of three (3) to four (4) weeks from the date of on-site Services provided, or from the date of acquisition/confirmation of all media assets, whichever later.

 

(5) Quoted Services are for per trip and per location basis, unless otherwise stated.

 

7.4.       There shall be no sharing of the Company’s and the Client’s software/hardware at all times, including but not limited to plugging in the Company’s memory storage disks and/or wireless file transfers to and from the Client’s computer.

 

7.5.       Unless otherwise stated, all non-subscription/non-retainer orders shall be utilised within 180 days from the date of order confirmation, failing which the order will be expired, and any and all Services provided or to be provided shall be delivered as is.

7.6.       Should the Client decide to halt any of its purchased Services during its subscription/retainer term, such halted periods are not reclaimable for use/resumption by the end of the subscription/retainer term, unless otherwise stated.

7.7.       The Client agrees to respond within 5-7 working days, and work with the Company to ensure project completion without undue delay.

7.8.       Any Services outside of final deliverables are not included in delivery, unless otherwise stated. If the Client requires any additional work outside of the quote, such additional work will be charged separately at the Company’s prevailing rates, based on work required to be done.

- End of Service Level Agreement -

Note: You are advised to download and keep a copy of the Service Level Agreement here. Quinoa Media Singapore Pte. Ltd. reserves the right to amend or void the information on this page without prior notice.