Terms & Conditions

These Terms & Conditions govern all photography, videography, and related creative services provided by Okmedia Trading cc ("Okmedia", "we", "us", or "our") to the client. They form part of every quotation and booking unless otherwise agreed in writing.

1. Booking & Payment

A booking is only confirmed once the quotation has been accepted and the required deposit has been received.

A non-refundable 50% deposit is required to secure all bookings unless otherwise agreed in writing. The remaining balance must be paid within 10 calendar days of the invoice date.

Okmedia Trading cc reserves the right to withhold all deliverables — including previews, drafts, final edits, and download links — until full payment has been received.

Late payments may incur interest at a rate of 2.5% per month on overdue amounts, calculated from the due date until payment is received in full. The client shall also be responsible for any reasonable collection or legal costs incurred in recovering unpaid amounts. All quoted prices are subject to change if the project scope, deliverables, schedule, location, or licensing requirements change after confirmation.

2. Copyright, Ownership & Usage License

All photographs, videos, drone footage, audio recordings, edits, project files, RAW files, and other deliverables created by Okmedia Trading cc remain the sole intellectual property and copyright of Okmedia Trading cc at all times, unless explicitly transferred in writing through a separate signed agreement.

No copyright ownership is transferred to the client under this agreement. The client only receives a limited, non-exclusive, non-transferable, revocable license to use the final delivered content for the specific purposes agreed upon in writing prior to the project commencement.

Unless otherwise agreed in writing, the granted license:

• does not include ownership rights;
• does not permit resale, sub-licensing, redistribution, or transfer to third parties;
• does not permit use by affiliated companies, agencies, tourism boards, marketing partners, publications, or other external entities;
• does not permit entry into competitions, stock libraries, AI datasets, machine learning systems, or commercial licensing platforms;
• does not permit alteration, heavy editing, manipulation, AI generation, filters, overlays, or modification of the content beyond basic cropping or resizing for platform formatting purposes;
• does not include exclusive usage rights;
• does not include paid advertising usage, broadcast usage, billboard usage, television usage, print campaigns, media buying, or large-scale commercial distribution unless explicitly agreed upon in writing.

Any usage outside the agreed scope requires prior written approval from Okmedia Trading cc and may be subject to additional licensing fees.

RAW footage, unedited files, project files, and source material remain the exclusive property of Okmedia Trading cc and are not included in standard deliverables unless explicitly agreed upon in writing.

The client may not claim authorship of the content, remove watermarks or metadata where applicable, or allow third parties to edit, repurpose, or commercially exploit the content without prior written consent.

Okmedia Trading cc reserves the unrestricted right to use all created content for portfolio, marketing, promotional, educational, competition, website, social media, and business development purposes unless a separate confidentiality or non-disclosure agreement (NDA) has been signed prior to the shoot.

Unauthorised usage beyond the granted license constitutes copyright infringement and may result in legal action, licensing penalties, takedown requests, and claims for damages under applicable Namibian and international copyright laws.

3. File Storage & Delivery

Deliverables will be provided via online gallery, cloud transfer service, or other agreed digital delivery method.

Unless otherwise specified, delivered files will remain accessible for a period of three (3) months from the delivery date. The client is solely responsible for downloading, backing up, and securely storing all files within this period.

Okmedia Trading cc may retain backup copies for up to one (1) year after project completion but is under no obligation to permanently archive any project files.

After the backup retention period expires, Okmedia Trading cc shall not be liable for any loss, deletion, corruption, or inability to recover files.

Requests for re-uploading, restoring, or re-sending archived files may incur additional fees depending on storage and retrieval requirements.

4. Cancellations, Refunds & Rescheduling

Cancellations made fourteen (14) or more days before the scheduled shoot date qualify for a refund of payments made, excluding any non-recoverable expenses already incurred.

Cancellations made between seven (7) and thirteen (13) days before the shoot will incur a cancellation fee equal to 50% of the total project value.

Cancellations made less than seven (7) days before the shoot, same-day cancellations, or client no-shows will require full payment of the agreed project amount.

If a shoot is delayed, interrupted, or cancelled due to the client's actions — including but not limited to late arrival, lack of preparation, failure to secure permits, inaccessible locations, or unavailable participants — full payment shall remain due.

One reschedule request may be accommodated at no additional charge if requested more than seven (7) days before the shoot date and subject to availability. Additional or late rescheduling requests may incur additional fees.

Delays exceeding thirty (30) minutes may result in shortened shoot time, additional hourly charges, or cancellation without refund.

In cases of force majeure — including extreme weather, natural disasters, government restrictions, civil unrest, illness, travel disruptions, or events beyond reasonable control — Okmedia Trading cc reserves the right to reschedule the shoot. Refunds in such cases remain at the sole discretion of Okmedia Trading cc after deduction of incurred costs and work already completed.

5. Revisions & Edits

Unless otherwise agreed in writing, each project includes one (1) round of reasonable revisions.

Revision requests must be submitted within seven (7) days of delivery of the draft or preview material. Requests received after this period may be treated as a new project or incur additional charges.

Additional revisions, re-edits, structural changes, content replacements, or changes to the original brief may be billed separately based on time and complexity.

Editing style, colour grading, music selection, pacing, and overall creative direction remain at the professional discretion of Okmedia Trading cc unless specifically agreed beforehand.

6. Liability & Indemnity

Okmedia Trading cc shall not be held liable for delays, interruptions, technical failures, corrupted files, equipment malfunction, acts of third parties, weather conditions, government restrictions, venue limitations, or other circumstances beyond reasonable control.

In the unlikely event of total data loss or inability to deliver final content due to proven fault by Okmedia Trading cc, liability shall be limited to either:

• a reasonable partial refund; or
• a reshoot, where reasonably possible.

The client is responsible for obtaining all necessary permissions, permits, location approvals, licenses, and model releases required for the production.

The client agrees to indemnify and hold harmless Okmedia Trading cc against any claims, damages, liabilities, legal costs, or disputes arising from:

• unauthorised use of the content by the client;
• failure to obtain required permissions;
• third-party intellectual property claims;
• unsafe shoot environments; or
• misuse of the delivered material.

7. Travel & Expenses

For projects located more than 40 km from Swakopmund, Namibia, additional travel fees may apply.

Projects requiring overnight stays shall require the client to cover reasonable accommodation, transport, meal, and logistical expenses unless otherwise agreed in writing.

Last-minute location changes, schedule adjustments, or additional travel requirements may result in extra charges.

8. Delivery Timeline

Estimated delivery timelines will be discussed and agreed upon before project commencement. Delivery timelines are estimates only and may vary depending on project complexity, revision requests, travel, workload, weather conditions, or unforeseen circumstances.

Okmedia Trading cc shall not be held liable for delays caused by client communication delays, missing feedback, delayed approvals, or external factors.

Final deliverables will be supplied in the agreed digital format and resolution only.

9. Confidentiality

Okmedia Trading cc respects the confidentiality of all client information and commercially sensitive material.

Unreleased content will not be publicly shared prior to the agreed release date where such release restrictions have been communicated in writing.

Any non-disclosure agreement (NDA) or confidentiality agreement must be signed before commencement of the project.

10. Social Media & Credit

Unless otherwise agreed in writing, the client shall make reasonable efforts to credit Okmedia Trading cc where content is published online or on social media platforms.

Tagging or crediting Okmedia Trading cc does not replace the requirement for proper licensing or permission for commercial or third-party usage.

11. Third-Party Distribution

The client may not provide, sell, share, transfer, license, sublicense, or distribute any content created by Okmedia Trading cc to third parties — including but not limited to marketing agencies, tourism boards, partner companies, sponsors, publications, magazines, media houses, influencers, or affiliated brands — without prior written consent from Okmedia Trading cc. Additional licensing fees may apply for multi-brand, multi-property, group-company, or third-party commercial usage.

12. Limitation of Liability

To the maximum extent permitted by law, the total liability of Okmedia Trading cc for any claim arising from the services provided shall not exceed the total amount paid by the client for the specific project giving rise to the claim.

Okmedia Trading cc shall not be liable for indirect, consequential, reputational, commercial, incidental, or financial damages, including loss of profits, loss of business opportunities, reputational harm, or third-party claims.

13. Governing Law & Jurisdiction

These Terms & Conditions shall be governed and interpreted in accordance with the laws of the Republic of Namibia.

Any dispute arising from these Terms & Conditions or from services provided by Okmedia Trading cc shall be subject to the exclusive jurisdiction of the courts of Namibia.

14. Agreement & Acceptance

By accepting a quotation, approving a booking in writing, paying a deposit, instructing Okmedia Trading cc to commence work, or otherwise proceeding with the project, the client confirms that they have read, understood, and agreed to these Terms & Conditions in full.

These Terms & Conditions form a legally binding agreement between the client and Okmedia Trading cc and apply to all services provided unless otherwise agreed in writing.

Any amendments, exceptions, or additional agreements shall only be valid if confirmed in writing by both parties.

Okmedia Trading cc reserves the right to amend or update these Terms & Conditions at any time. The version applicable to a project shall be the version provided to the client at the time of booking or quotation acceptance.

15. Creator Licensing Rights

Unless exclusive rights, confidentiality restrictions, or licensing limitations are expressly agreed upon in writing, Okmedia Trading cc retains the unrestricted right to reproduce, publish, display, print, license, sell, archive, distribute, or otherwise commercially exploit any content created during the project.

This includes the right to:

• license footage or photographs to third parties;
• sell prints or artwork;
• use content in stock libraries;
• use footage in documentaries, educational material, publications, advertisements, or promotional campaigns;
• and commercially exploit generic landscape, wildlife, tourism, or atmospheric footage captured during productions.

Where identifiable persons, trademarks, confidential material, or protected commercial information appear in the content, Okmedia Trading cc reserves the right to restrict or withhold third-party licensing at its discretion.

Any exclusivity, usage restriction, buyout, or licensing limitation shall only apply if expressly agreed in writing.