General Terms and Conditions for Tempo Singular Lda.
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Light Squad accessible at http://www.lightsquad.pt.
Tempo Singular – Atividades Imobiliárias e Recreativas, forward known as Tempo Singular Lda., is the company detainer of Light Squad site naming brand and lightsquad.pt domain.
Tempo Singular Lda. Has the label “Clean&Safe”, so its hygiene and safety procedures are taken very seriously in the anti Covid-19 procedure.
Tempo Singular Lda. Follows a strict virus prevention protocol. All our employees and equipment will go to the event with the greatest possible prevention, following the internal rules for fighting the virus, and following the rules of the respective event.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Intellectual Property Rights
Other than the content you own, under these Terms, Tempo Singular Lda. and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.
• Certain areas of this Website are restricted from being access by you and Tempo Singular Lda. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Tempo Singular Lda. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Tempo Singular Lda. reserves the right to remove any of Your Content from this Website at any time without notice.
Each party will keep confidential, and will not disclose to third parties (except as expressly permitted by this clause) any information disclosed by one party to the other party (whether disclosed in writing, orally or otherwise) that at the time of disclosure: (a) was marked as “confidential”; (b) was described by the disclosing party as “confidential”; or (c) must reasonably be qualified by the recipient party to be confidential; and the terms (but not the existence) of this Agreement (hereinafter: “Confidential Information”).
Each party will protect the confidentiality of the Confidential Information of the other party using appropriate security measures.
The Confidential Information of a party may be disclosed by the other party to its employees and professional advisers, provided that each recipient is legally bound to protect the confidentiality of the Confidential Information.
These obligations of confidentiality will not apply to Confidential Information that: a. has been published or is known to the public (other than as a result of a breach of this Agreement); b. is known to the receiving party, and can be shown by the receiving party to have been known to it, before disclosure by the other party; or c. is required to be disclosed by law, or by an order (binding upon the relevant party) of a competent governmental authority, regulatory body or stock exchange.
In no event, neither during nor after the termination of this Agreement shall any party has the right to use the other party’s Confidential Information for any purpose other than the purpose of the Agreement.
The Client has the responsibility to ensure that Tempo Singular Lda. is filming each and every person in full legality at the event. If any person complains about appearing in any Tempo Singular Lda. product, Tempo Singular Lda. will hold the respective client responsible.
This Website is provided “as is,” with all faults, and Tempo Singular Lda. express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Performance of the Agreement
Tempo Singular Lda. will be entirely independent in the performance of the Agreement. It will carry out its obligations at its own discretion. However, the Client may provide reasonable directions and instructions with regard to the result of the assignment.
Commitments for Tempo Singular Lda. will be a commercially reasonable efforts obligation and shall never constitute an obligation to achieve a specific result or use Tempo Singular Lda. best efforts, unless such a result is explicitly agreed on by Tempo Singular Lda.
Tempo Singular Lda. is entitled to use third parties to perform its obligations.
In the event Tempo Singular Lda. supplies services wholly or partly consisting of third party products or services (especially software or hosting or other generic services), the general terms and conditions of the third party apply besides these general terms and conditions. If and insofar any provision of the third party’s general terms and condition is incompatible with a provision from these general terms and conditions, the provision which is, in Tempo Singular Lda. sole discretion, most favorable for Tempo Singular Lda. shall prevail.
Client is obliged to do everything that is reasonably necessary or desirable to enable Tempo Singular Lda. to carry out its obligations in a timely manner, in particular by providing full, sound and clear information, necessary instructions, permissions and approvals or materials.
The Client guarantees and warrants that all instructions given to Tempo Singular Lda. are given by an authorized person. Tempo Singular Lda. shall never be obliged to check if the person acting as a representative of the Client that gives Tempo Singular Lda. an instruction or information is entitled to do so.
Tempo Singular Lda. will deliver on the agreed date, unless there is any additional work necessary due to the Client. Delivery dates are not “fatal”. By not making a specific date Tempo Singular Lda. will not be in default.
The Client shall be deemed to have accepted anything delivered by Tempo Singular Lda. if the Client uses the delivered goods or services or if the Client does not challenge the quality of the delivered goods or services within five days of receipt.
If agreed the Client may view a first rough cut of the production. The Client shall be entitled to comment on such rough cut and Tempo Singular Lda. shall if reasonably possible try to realize the Client’s wishes. This may imply additional work. Tempo Singular Lda. shall inform the Client if and to which extend Tempo Singular Lda. estimates this to be the case.
Price and payment
Unless stated otherwise, all prices and rates are exclusive of VAT and withholding tax and any other tax or levy imposed by the authorities.
Unless stated otherwise in the Agreement, the Client shall pay Tempo Singular Lda. as follows:
In all the works of Tempo Singular Lda., The value of the Mainland Portugal VAT is added.
If the job is just filming, the Client will have to pay 50% of the estimated amount before the first shooting. Tempo Singular Lda. Will issue an invoice for this amount.
At the end of the work, the Client is responsible for paying the remaining 50%, and Tempo Singular Lda. Will issue a final invoice.
If the job requires video editing, the Client will have to pay 50% of the estimated amount prior to editing.
When the final video is made, Tempo Singular Lda. Will send a version for viewing to the client. It has an obligation not to disclose it or use it commercially.
If the Client approves the edition, then he will have to complete the payment, and Tempo Singular Lda. Will issue and send the final invoice.
In case the client does not pay or takes more than 5 working days to make the payment, Tempo Singular Lda.
Budget and additional work
Tempo Singular Lda. shall use its reasonable commercial efforts not to exceed a budget agreed on.
The Client may request Tempo Singular Lda. to carry out additional work or alterations.
Tempo Singular Lda. is never held to agree with a request for additional work.
If, after Tempo Singular Lda. has made the Client an offer or after an Agreement has been concluded, Tempo Singular Lda. concludes that, due to a lack of information provided or based on additional wishes by the Client, Tempo Singular Lda. needs to deliver additional services or goods and Tempo Singular Lda. is willing to provide those additional work or goods, the costs of such additional work or goods shall be fully for the Client. Tempo Singular Lda. shall inform the Client of additional work as soon as reasonably possible.
The Client will reimburse additional work in accordance with the agreed fee in respect thereof or, if such fee is not agreed, in accordance with the usual rates of Tempo Singular Lda. The Client will always pay Tempo Singular Lda. additional costs.
In case Client cancels an Agreement, for whatever reason, Tempo Singular Lda. will charge the following costs:
a) In the event of an audiovisual production: (i) all out-of-pocket costs incurred by Tempo Singular Lda. and 30% of the fee if the Client cancels up to twenty-one days prior to the first shooting day of the production; (ii) all out of-pocket costs incurred by Tempo Singular Lda. and 50% of the fee if the Client cancels in between twenty-one days and seven days prior to the first shooting day of the production; (ii) all out of-pocket costs incurred by Tempo Singular Lda. and 75% of the fee if the Client cancels within seven days of the first shooting day of the production;
b) In all other events, the price plus all out-of-pocket costs as far as not included therein. b) If, during the creative editing process, the Client decides to cancel the work, he will assume responsibility for covering the expenses of Tempo Singular Lda. and the amount paid initially will not be refunded.
Subject to full payment by the Client of all amounts currently and in the future due hereunder and subject to full compliance of the Client in respect of the other obligations of the Client, Tempo Singular Lda. hereby transfers to the Client all copyrights and neighboring rights Tempo Singular Lda. may have regarding an audiovisual production produced by Tempo Singular Lda. as delivered to the Client with the exception of those elements not especially made for the Client that Tempo Singular Lda. has used, envisage to use or are customarily used in multiple productions.
Tempo Singular Lda. has the obligation to deliver the final edition to the client, but will retain all the raw images, which it should only deliver to the client if he requests them in advance and with associated costs.
Tempo Singular Lda. reserves all of its rights regarding the production script, the underlying format of the production, any material not used in the production as delivered and all techniques (including software) used to create the production. Unless otherwise agreed, Tempo Singular Lda. shall not clear rights, including copyrights, trademark rights (e.g. in respect of the title of a production), database rights, model rights or portrait rights of third parties, of works or elements which Tempo Singular Lda. includes in the production. Unless otherwise agreed, the Client shall clear any privacy and data protection issues in connection with the production, e.g. by having relevant persons sign a quit claim and e.g. weddings. Upon request of the Client Tempo Singular Lda. shall provide the Client at cost an overview of the elements that might need clearance. The Client warrants and guarantees that all elements the Client wishes to include, also those elements that the wishes of the Client imply, are or will be cleared by the Client. The Client indemnifies Tempo Singular Lda. fully in respect of any claim by any third party regarding any rights not cleared.
The cost of the use of any music included in the production shall be for the account of the Client unless otherwise agreed.
Tempo Singular Lda. and its personnel shall be named on or with the production as is customary. The Client shall not remove any of such names. Any changes in the production can only be made by Tempo Singular Lda. or with Tempo Singular Lda.’s prior consent.
Tempo Singular Lda. is allowed to (use) an audiovisual production delivered for its own promotion and to indicate (by a third party) that it has created it. Tempo Singular Lda. is entitled to use the fact it has provided or will provide services or goods to the Client and an overview of those services and goods for its own promotion.
When renting the equipment, Tempo Singular Lda. will send a budget to the Client by email. If the Client agrees with the budget, he will have to carry out a transition from the respective amount. Tempo Singular Lda. will send an invoice for this amount and send it to the Client. The Client will only be able to check-in the equipment after signing a contract in person. After signing, the Client will receive an invoice, a copy of the insurance, a transport ticket and the respective equipment. The equipment will be inspected by a member of the Tempo Singular Lda. team before delivering the equipment, to report any damage. If there is any mishap or doubt during the rental, the Client should immediately contact Tempo Singular Lda. to inform the case. The Client is responsible that the equipment must be returned in the same condition in which it was rented. If there is any malfunction or damage to the equipment, it will be held responsible and the deductible will be activated. If the Client is late in returning the equipment, he must communicate immediately. If the delay is more than an hour and if there was no prior notice, the Client will have to pay an extra day of rental. If the delay in returning the equipment exceeds two hours and it does not communicate and is unreachable, Tempo Singular Lda. will activate the legal means necessary to reach the Client. When returning the equipment, a member of the Tempo Singular Lda. team will inspect the material and verify that everything is in compliance. If there is a red flag, the Client will assume the repair of the equipment. All equipment is sanitized and disinfected according to the protocol to combat Covid-19. The rental dates may be changed and subject to the availability of Tempo Singular Lda.
Tempo Singular Lda. offers work insurance to all its permanent workers. If you are a freelancer, you are responsible by law for having your own work insurance. The audiovisual material is covered by damage insurance. In contracted events, the Client will have to assume the responsibility of guaranteeing a closed place, in which only the Tempo Singular Lda. team has access, otherwise it will be liable if anything happens to the equipment: theft and damage. In the case of material rental, the Client can count on a copy of the material insurance and a transport ticket. The Client is responsible that the equipment must be returned in the same condition in which it was rented. If there is any malfunction or damage to the equipment, it will be held responsible and the deductible will be activated.
Limitation of liability
In no event shall Tempo Singular Lda., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Tempo Singular Lda., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Tempo Singular Lda. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Tempo Singular Lda. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Tempo Singular Lda. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Tempo Singular Lda. and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Portugal, and you submit to the non-exclusive jurisdiction of the state and federal courts located in pt for the resolution of any disputes.