Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the provision of creative services by EyeKandy Co. ("EyeKandy", "we", "us", or "our"), a creative marketing and content management agency registered and operating in Swakopmund, Namibia. By engaging our services, placing an order, or entering into a contract with EyeKandy Co., you ("Client", "you") agree to be bound by these Terms in full.

If you do not agree with any part of these Terms, you must not engage our services. These Terms are governed by the laws of the Republic of Namibia.

2. Services

EyeKandy Co. offers the following services:

• Photography (events, portraits, commercial)
• Video production (short form, long form, music videos, vlogs)
• Post-production editing
• Marketing content creation
• Marketing management

All services are subject to availability. EyeKandy Co. reserves the right to decline any project that conflicts with our values or professional standards.

3. Quotations, Pricing & Payment

3.1 All prices are quoted in Namibian Dollars (NAD) unless otherwise stated. Published prices are indicative and final pricing is confirmed in writing before project commencement.

3.2 A non-refundable deposit of 50% of the agreed project fee is required to confirm and schedule any booking. Work will not commence until the deposit is received.

3.3 The remaining balance is due upon delivery of the final project files, or as agreed in writing. Failure to pay the outstanding balance will result in withholding of deliverables.

3.4 EyeKandy Co. reserves the right to adjust pricing with reasonable notice for ongoing retainer clients.

4. Intellectual Property & Copyright

4.1 All creative works produced by EyeKandy Co. — including but not limited to photographs, video footage, edited content, graphic designs, and marketing materials — are protected under the Copyright and Neighbouring Rights Protection Act, 1994 (Namibia), Act No. 6 of 1994, and all applicable intellectual property laws.

4.2 EyeKandy Co. retains full copyright ownership of all work created until final payment has been received in full.

4.3 Upon receipt of full payment, EyeKandy Co. grants the Client a non-exclusive, non-transferable licence to use the delivered works for the purposes agreed in the project brief. Commercial usage rights are subject to separate licensing agreements.

4.4 EyeKandy Co. retains the irrevocable right to use any work produced for portfolio, promotional, educational, and marketing purposes, including on social media platforms and our website, unless the Client has explicitly requested confidentiality in writing prior to project commencement.

4.5 The Client warrants that any materials, logos, trademarks, or content provided to EyeKandy Co. for use in the project do not infringe upon any third-party intellectual property rights.

5. Revisions & Amendments

5.1 Each service package includes a specified number of revision rounds as detailed in the service description. Additional revisions beyond the included allowance will be charged at a rate of N$200 per revision session.

5.2 Revision requests must be submitted in writing within 7 days of delivery. After this period, delivered work is deemed accepted.

5.3 Fundamental changes to the project scope after commencement may result in additional charges and revised timelines.

6. Cancellations & Termination

6.1 The Client may cancel a booking by providing written notice. The 50% deposit is non-refundable in all circumstances as it covers scheduling, preparation, and opportunity costs.

6.2 If cancellation occurs after project commencement, the Client is liable to pay for all work completed to date in addition to the initial deposit.

6.3 EyeKandy Co. reserves the right to terminate a project at any time if the Client engages in abusive, threatening, or dishonest behaviour, or fails to comply with these Terms. In such cases, the deposit is forfeited and payment for all completed work is due.

6.4 In the event of cancellation by EyeKandy Co. due to circumstances beyond our control (force majeure), we will provide a full refund of the deposit or reschedule at the Client's preference.

7. Client Responsibilities

The Client agrees to:

• Provide accurate, complete, and timely information required for the project
• Obtain all necessary permissions, venue consents, and model releases for the shoot
• Ensure all subjects and locations are legally accessible and appropriately authorised
• Provide feedback within the timeframes specified
• Not share, reproduce, or distribute raw/unedited materials without written consent
• Treat EyeKandy Co. staff with respect and professionalism at all times

8. Limitation of Liability

EyeKandy Co. shall not be held liable for any indirect, incidental, or consequential damages arising from the use of delivered work, equipment failure beyond our control, circumstances preventing delivery, or third-party platform issues.

In no event shall EyeKandy Co.'s total liability exceed the fees paid by the Client for the specific project in question.

9. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of the dispute arising. If unresolved, disputes shall be referred to mediation under Namibian law. Should mediation fail, disputes shall be subject to the jurisdiction of the courts of the Republic of Namibia.

10. Amendments to These Terms

EyeKandy Co. reserves the right to update these Terms at any time. Updated Terms will be published on our website. Continued engagement with our services following any update constitutes acceptance of the revised Terms.

11. Contact

For questions regarding these Terms, please contact us at Eyekandy.co@yahoo.com.