TERMS &
CONDITIONS

1. INTRODUCTORY PROVISIONS

1. These General Terms and Conditions (“Terms”) govern services provided by Hai Pham Van, IČO 22051091, with registered office at Příkop 843/4, Zábrdovice, 602 00 Brno, Czech Republic, registered in the Czech Trade Register (“Contractor”).
2. These Terms apply to video production, photography, post-production, advertising and online content creation, and other agreed creative services supplied to a client (“Client”).
3. Any different provisions agreed in a written contract, quotation or confirmed order take precedence over these Terms.

2. ORDER AND CONTRACT

1. A contract is formed by signing an agreement, confirming an order in writing or accepting a quotation in writing, including electronically.
2. The order or quotation specifies the scope of work, deliverables, schedule, price, licence scope and any special requirements.
3. Changes to an order become effective once approved in writing by both parties.

3. PRICE AND PAYMENT

1. The price is set by an individual quotation according to the scope of services. Any applicable VAT treatment will be stated in the relevant quotation or tax document.
2. Unless otherwise agreed, the Contractor may require a deposit of 50% of the agreed price before work begins.
3. The balance is invoiced after delivery of the work or an agreed part of it. Unless the invoice states otherwise, payment is due within 14 days.
4. Additional work and changes outside the confirmed brief will be carried out after their effect on price and timing has been approved.

4. PRODUCTION AND COOPERATION

1. The Client will provide all necessary materials, approvals, access to locations, permissions from filmed persons and other cooperation required for production in good time.
2. A delay in the Client’s cooperation extends the delivery date accordingly and may increase the price by demonstrable additional costs.
3. The Contractor may use collaborating creators or suppliers while remaining responsible for proper delivery of the agreed service.
4. Deadlines will also be extended as reasonably necessary in the event of force majeure or circumstances outside the Contractor’s reasonable control, including adverse weather affecting outdoor production, illness of a key person or technical failure.

5. DELIVERY, REVISIONS AND DEFECTS

1. The work is delivered by making the final file available, sending a download link or using another agreed method.
2. Unless otherwise agreed, the price includes two reasonable rounds of revisions within the original brief. Further revisions or changes to the brief may be charged at CZK 1,500 per hour.
3. The Client must report apparent defects without undue delay, ideally within five business days after delivery. This does not limit consumer rights or statutory rights arising from defective performance.
4. A subjective change in preference is not a defect where the output follows the approved brief, nor are limitations caused by defective materials supplied by the Client.

6. COPYRIGHT AND LICENCE

1. Economic copyright and related rights in the work remain with the Contractor unless agreed otherwise in writing.
2. After full payment, the Client receives an exclusive or non-exclusive licence within the scope agreed in the contract or order. If no scope is expressly stated, the licence is granted only to the extent necessary for the purpose arising from the contract.
3. The Client is responsible for having permission to use any materials, music, trademarks and other elements supplied to the Contractor.
4. The Contractor may use reasonable extracts from the work in a portfolio, on a website, on social media and for self-promotion unless the Client objects in writing in advance or the parties agree otherwise.

7. CANCELLATION

1. If the Client cancels a project, the Contractor is entitled to payment for work already completed, non-refundable costs and reserved capacity.
2. Unless otherwise agreed, the cancellation fee for a scheduled production day is 25% of the agreed price when cancelled less than seven days before production, 50% when cancelled less than 48 hours before production, and 100% of the work planned for that day when cancelled less than 24 hours before production.
3. This section applies only to the extent permitted by mandatory law and does not affect consumer rights.

8. CONSUMER CLIENTS

1. Where the Client is a consumer, the special provisions of the Czech Civil Code and the Czech Consumer Protection Act apply.
2. For a distance or off-premises contract, a consumer may have the right to withdraw within 14 days. If performance begins before that period expires at the consumer’s express request, the consumer must pay a proportionate amount for services already provided upon withdrawal. Once the service has been fully provided, the right to withdraw may expire where statutory conditions are met.
3. A consumer may submit a complaint at the registered office or by email to info@phams.cz. Complaints will be handled within the statutory period.
4. The Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, www.coi.cz, is competent for out-of-court resolution of consumer disputes.

9. PERSONAL DATA

The Contractor processes personal data only as necessary to discuss a project, perform the contract, invoice services and protect legal claims. Details are provided in the Privacy Policy.