Legal

Terms & Conditions

Last updated: 1 January 2025

These Terms and Conditions ("Terms") govern your use of the website www.eveningstarproductions.in and the engagement of services provided by Eveningstar Productions, operated by Kaushik Iyer, Mumbai, Maharashtra, India ("Company", "we", "us", "our").

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Services

Eveningstar Productions provides video production services including, but not limited to, corporate films, brand content, recipe videos, short films, music videos, film editing, and post-production services. Specific deliverables, timelines, and fees for each project will be agreed upon in a separate written proposal or service agreement.

2. Project Engagement & Agreements

All projects commence upon:

• Acceptance of a written project proposal or quotation by the Client
• Receipt of the agreed advance/retainer payment
• Execution of a project-specific service agreement (where applicable)

Verbal commitments do not constitute a binding agreement. All scope changes must be agreed in writing and may result in revised timelines and fees.

3. Payment Terms

Unless otherwise stated in the project agreement:

• A non-refundable advance of 50% of the total project fee is required before production commences.
• The remaining balance is due upon delivery of final files, prior to handover.
• For ongoing or retainer engagements, invoices are raised monthly and are due within 15 days of the invoice date.
• Late payments may attract interest at 1.5% per month on the outstanding balance.
• All fees are quoted exclusive of GST unless stated otherwise. Applicable GST will be charged as per Indian tax regulations.

4. Client Responsibilities

The Client agrees to:

• Provide all required materials, approvals, and feedback in a timely manner
• Ensure they have the rights to any third-party material (music, logos, footage) provided to us for inclusion in the project
• Designate a single point of contact with authority to provide approvals
• Review and approve deliverables within the timeframe specified in the project agreement

Delays caused by the Client's failure to meet these responsibilities may result in revised delivery timelines and/or additional charges.

5. Revisions & Changes

Each project includes a defined number of revision rounds as specified in the project proposal. Additional revisions beyond the agreed scope will be charged at our standard hourly rate. Major scope changes — including changes to script, concept, or key personnel — will be treated as new work and quoted separately.

6. Intellectual Property & Ownership

Upon receipt of full payment, the Client receives a licence to use the final delivered video content for the agreed purpose(s). Unless otherwise specified in writing:

• Eveningstar Productions retains ownership of all raw footage, project files, and underlying creative work.
• We reserve the right to use completed work in our portfolio, showreel, and promotional materials, unless the Client requests confidentiality in writing before project commencement.
• Music, stock footage, or third-party assets licensed for the project are subject to the terms of the respective licence and may have usage restrictions.

7. Cancellation by Client

If the Client cancels a confirmed project:

• The advance/retainer paid is non-refundable.
• If cancellation occurs after production has commenced, the Client is liable for all costs incurred up to the date of cancellation, plus a reasonable kill fee as specified in the project agreement.
• All cancellations must be communicated in writing to kaush4@gmail.com.

8. Force Majeure

Eveningstar Productions shall not be liable for delays or failure to perform obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government restrictions, pandemic-related disruptions, or equipment failure.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Eveningstar Productions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services or website. Our total liability for any claim shall not exceed the total fees paid by the Client for the relevant project.

10. Confidentiality

Both parties agree to keep confidential any sensitive business information shared during the course of the project. This obligation continues for two (2) years after the completion of the project.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising shall first be attempted to be resolved amicably. If resolution is not achieved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

12. Website Use

You agree not to use our website for any unlawful purpose, to transmit any harmful or malicious content, or to attempt to gain unauthorised access to any part of our systems. We reserve the right to terminate access to anyone who violates these terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be reflected by updating the "Last updated" date. Continued use of our website or services after changes constitutes acceptance of the revised Terms.

14. Contact

For any questions regarding these Terms:

Kaushik Iyer
Eveningstar Productions
Mumbai, Maharashtra, India
Email: kaush4@gmail.com
Phone: +91 98920 06411