Terms & Conditions

1. About Film Resource Africa

Celebration House Entertainment CC (Registration No. 2010/149237/23), trading as Film Resource Africa ("FRA", "we", "us", or "our"), operates the website at film-resource-africa.com and all associated subdomains (the "Platform"). FRA is a translation layer between African creative supply and global business demand — a two-sided marketplace connecting African film talent, crew, and service providers with project opportunities and international financiers.

FRA is registered in the Republic of South Africa as a Close Corporation. These Terms and Conditions ("Terms") are governed by South African law, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Consumer Protection Act 68 of 2008 (CPA).

2. Acceptance of Terms

By accessing the Platform, registering for a membership, or completing a payment, you ("Member", "User", or "you") agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

If you are accepting these Terms on behalf of a legal entity, you warrant that you have authority to bind that entity, and references to "you" include that entity.

3. Membership Tiers

3.1 Individual Membership

• Monthly subscription: R99 per month (ZAR, VAT inclusive).
• Annual subscription: R990 per year (ZAR, VAT inclusive).
• Available to individual natural persons. Sole traders qualify.
• FRA actively represents Individual Members in relevant applications, submissions, and introductions on their behalf.
• A 10% commission is payable to FRA on the gross value of any successful placement that FRA facilitates for an Individual Member (see clause 6).

3.2 Business Membership

• Monthly subscription: R225 per month (ZAR, VAT inclusive).
• Available to registered legal entities only (companies, close corporations, trusts, NPOs). Sole traders are not eligible for Business Membership.
• Business Members access the Platform directly, manage their own relationships, and own every client and counterparty relationship they initiate through the Platform.
• No placement commission applies to Business Members.

3.3 Founding Members

The first 100 members to subscribe under either tier ("Founding Members") receive a lifetime price lock at the subscription rate applicable at the time of their initial payment. This lock applies to the tier originally subscribed; switching tiers resets the rate to the current published price.

3.4 Membership Benefits

All members receive access to the members-only directory, project listings, PRS (Project Readiness Score) pathway guidance, and curated matching to opportunities and counterparties at FRA's discretion. Specific features may be added or modified over time; FRA will provide reasonable notice of material changes.

4. Registration and Account

To become a member you must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of any login credentials and for all activity that occurs under your account.

You must promptly notify FRA at hello@film-resource-africa.com of any unauthorised use of your account or any security breach.

FRA reserves the right to suspend or terminate any account that contains false information, violates these Terms, or compromises the integrity of the Platform.

5. Payment and Billing

All payments are processed through PayFast, a PCI-DSS-compliant payment gateway regulated in South Africa. By subscribing, you authorise recurring billing at the applicable tier rate on your chosen billing cycle.

• All prices are quoted in South African Rand (ZAR) and are VAT inclusive where applicable.
• Subscriptions renew automatically unless cancelled at least 48 hours before the renewal date.
• FRA reserves the right to adjust pricing on 30 days' written notice, except for Founding Members whose rates are locked per clause 3.3.
• Failed payments may result in suspension of access pending resolution.

6. Placement Commission (Individual Members)

A placement occurs when FRA facilitates a commercial engagement (including, without limitation, a contract, collaboration, funding award, or paid opportunity) for an Individual Member through the Platform or FRA's direct representation activities.

• Commission of 10% of the gross placement value is payable to FRA within 14 days of the Individual Member receiving payment from the counterparty.
• FRA will issue a tax invoice for commission amounts. The Member is responsible for any taxes applicable to the placement income.
• Commission obligations survive termination of membership for any placement that was introduced or facilitated by FRA prior to termination.
• FRA will maintain a placement log accessible to the Member via their profile, showing placements attributed to FRA's facilitation.

7. Cancellation and Refunds

You may cancel your subscription at any time from your account dashboard or by contacting hello@film-resource-africa.com.

• Cancellation takes effect at the end of the current billing period; access continues until that date.
• Monthly subscriptions: no refund for the current period upon cancellation.
• Annual subscriptions: a pro-rata refund of the unused whole months may be requested within 30 days of the renewal date. No refund is available after 30 days.
• Nothing in this clause limits your statutory rights under the CPA, including the right to cancel within five business days of concluding a distance agreement.

8. Project Readiness Score (PRS)

The PRS is a proprietary scoring framework (0–25) developed by FRA to assess narrative and compliance readiness of film projects submitted to the Platform. PRS scores are indicative only and do not constitute a guarantee of funding, distribution, or any other commercial outcome.

FRA reserves the right to update the PRS methodology at any time. Members are responsible for keeping their project information current; FRA is not liable for scores based on outdated or incomplete submissions.

9. Intellectual Property

All content on the Platform created by FRA — including but not limited to text, design, code, scoring systems, and editorial content — is the intellectual property of FRA and protected under South African copyright law.

By submitting content to the Platform (including profile information, project details, and materials), you grant FRA a non-exclusive, royalty-free, worldwide licence to use, display, and distribute that content for the purposes of operating the Platform and promoting your profile or project to relevant counterparties. You retain ownership of your content and may revoke this licence by removing the content or terminating your membership.

10. Member Conduct

Members must not:

• Submit false, misleading, or fraudulent information to the Platform.
• Use the Platform to harass, defame, or harm any other person or entity.
• Circumvent any payment or commission obligation arising from a Platform-facilitated placement.
• Scrape, reproduce, or commercially exploit Platform content without written consent from FRA.
• Use the members-only directory for unsolicited commercial communications.
• Attempt to gain unauthorised access to other Members' accounts or Platform infrastructure.

Breach of this clause may result in immediate suspension or termination of membership without refund, and FRA reserves the right to pursue legal remedies.

11. Disclaimer and Limitation of Liability

The Platform and all services are provided "as is" and "as available." FRA does not warrant that the Platform will be error-free, uninterrupted, or free of harmful components.

FRA is not a party to any contract concluded between Members or between Members and counterparties (e.g., financiers, producers, or distributors). FRA's role is that of facilitator only. FRA accepts no liability for any loss arising from:

• A counterparty's failure to perform.
• Inaccuracies in PRS scores or opportunity listings.
• Reliance on information displayed in the members-only directory.
• Interruption of access to the Platform.

To the fullest extent permitted by law, FRA's total aggregate liability to any Member shall not exceed the total subscription fees paid by that Member in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under the CPA.

12. Third-Party Services

The Platform integrates third-party services including PayFast (payments), Supabase (database hosting), Resend (email delivery), and Vercel (infrastructure). Use of these services is subject to their respective terms. FRA is not responsible for the acts or omissions of third-party providers.

13. Amendments

FRA may amend these Terms at any time by publishing updated Terms on the Platform and notifying Members by email at least 14 days before changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms shall first be referred to mediation. If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), in Johannesburg, unless both parties agree otherwise in writing.

15. Contact

For any questions regarding these Terms, please contact: