Legal

Terms of Service

These terms cover two different things: using this website, and engaging us to produce work. Sections 1–4 apply to anyone reading this page. Sections 5–16 apply once you commission a project. Where a signed proposal or statement of work says something different, that document wins.

1. Who these terms are with

These terms are between you and TheBullseye, a company registered in Singapore (UEN 202635288E) at 10 Anson Road, #28-068 International Plaza, Singapore 079903 (“TheBullseye”, “we”, “us”).

By using this website you accept these terms. If you do not accept them, please do not use the site. Acceptance given electronically — by submitting a form, or by confirming a proposal by email — is effective under the Electronic Transactions Act 2010.

2. Using this website

You agree to:

  • use the site only for lawful purposes;
  • not attempt to gain unauthorised access to any part of it, or to any server or system connected to it;
  • not interfere with its operation, including by automated scraping that degrades performance;
  • not copy, republish or redistribute its content except as section 3 allows.

We may suspend or withdraw the site, or any part of it, without notice. We do not guarantee that it will always be available or uninterrupted.

3. Our website content

All content on this website — text, articles, images, video, logos, layout and code — is owned by us or licensed to us and is protected under the Copyright Act 2021 and other applicable laws.

You may read, print and quote short extracts from our articles for your own reference or internal business use, provided you credit TheBullseye and link to the original page. You may not republish an article in full, sell it, or present it as your own work.

Our name, logo and brand marks may not be used without our written permission.

4. What is on this site is not advice

The guides and articles we publish, including research findings, grant information and legal observations, are general information. They are not professional, financial or legal advice, and they are not a substitute for advice from a qualified adviser about your own circumstances. They reflect what we knew at the time of writing.

5. Proposals, quotations and scope

A quotation is an invitation to proceed, not a binding contract. A project begins when you confirm a proposal or statement of work in writing and, where one is required, we receive the deposit.

Quotations are valid for 30 days unless stated otherwise, and are based on the scope described in the proposal — the deliverables, their number, their durations, the formats, the languages and the number of revision rounds. Work outside that scope is a variation and will be quoted separately before we begin it.

6. Revisions

Each proposal states how many revision rounds are included. A round means one set of consolidated feedback from you, gathered from all of your stakeholders and delivered together. Sequential feedback from different people, arriving separately, counts as separate rounds.

Changes that alter the agreed direction after a stage has been signed off — a new script after storyboard approval, a new visual direction after animation has begun — are variations, not revisions.

7. Your responsibilities

Timelines assume you supply what we need when we need it. You agree to:

  • provide content, assets, approvals and access within the agreed timeframes;
  • give consolidated feedback at each review stage;
  • nominate one person empowered to approve on your behalf.

You warrant that any material you supply — footage, images, music, logos, trade marks, product information, third-party content and any personal data of identifiable individuals — is material you have the right to give us and the right for us to use for the agreed purpose. You indemnify us against claims arising from material you supplied.

Where delay is caused by late materials or late approvals, delivery dates move accordingly, and we may re-quote where a delay causes us to reschedule crew, studio or talent.

8. Fees, payment and GST

  • Fees are as set out in the accepted proposal, in Singapore dollars unless stated otherwise.
  • Unless agreed otherwise, 50% is payable on commencement and the balance on delivery.
  • Invoices are payable within 14 days of the invoice date.
  • Where we are GST-registered, GST is charged at the prevailing rate and shown separately. Quoted figures are exclusive of GST unless expressly stated to include it.
  • Bank charges, and any withholding or other taxes imposed outside Singapore, are for your account.

Overdue amounts may attract interest at 1% per month, calculated daily, from the due date until payment. We may suspend work on overdue accounts, having first given you written notice and a reasonable opportunity to pay.

9. Intellectual property in the work

This section matters more in Singapore than it used to, and it is worth reading properly.

Under the Copyright Act 2021, for works commissioned on or after 21 November 2021 — including films, photographs and sound recordings — the creator is the first owner of copyright by default, rather than the commissioning party as under the previous law. The commissioning party retains the right to use the work for the purpose for which it was commissioned, and the parties may agree otherwise in writing.

Accordingly:

  • On full payment, we assign to you the copyright in the final delivered deliverables described in the proposal. That assignment is made in writing by these terms, read with the accepted proposal, and takes effect on receipt of final payment.
  • Until full payment, all rights remain with us and any use of drafts or delivered files is unlicensed.
  • We retain ownership of our working files, project files, templates, methods and pre-existing materials, together with anything we developed before or independently of your project. Working files can be assigned or licensed separately if you want them — ask before the project starts, not after.
  • Third-party licensed elements — stock footage, music, fonts, voice artists, talent — are not ours to assign. They are licensed to you on the terms of the underlying licence, including any limits on territory, media and duration. We will tell you what those limits are.

10. Showing the work

Unless you tell us otherwise in writing, we may show completed work in our portfolio, showreel, case studies and marketing, and identify you as a client.

We will not disclose anything you have marked confidential, and where work is subject to confidentiality or regulatory constraints we will agree with you what can be shown before showing anything. If your work includes identifiable individuals, we will rely on you having obtained their consent for that use, consistent with our obligations under the Personal Data Protection Act 2012.

11. Confidentiality

Each party will keep the other’s confidential information confidential, use it only for the project, and not disclose it without consent. This does not apply to information that is public through no breach, that a party already had, or that must be disclosed by law or a court — and where disclosure is compelled, the disclosing party will tell the other where it is lawful to do so.

These obligations continue for three years after the engagement ends. Where a separate non-disclosure agreement is signed, that agreement takes precedence.

12. Personal data

Each party will comply with the Personal Data Protection Act 2012 in respect of personal data handled in connection with a project. Where we process personal data on your behalf — for example, interviewees appearing in a film — we act as a data intermediary and will process it only on your instructions, protect it, and not retain it longer than needed. How we handle personal data generally is set out in our Privacy Policy.

13. Cancellation and postponement

  • Either party may terminate on 14 days’ written notice, or immediately if the other commits a material breach that is not remedied within 14 days of notice.
  • On termination you pay for work completed and for commitments we have properly incurred and cannot cancel — booked crew, studio hire, talent, licences.
  • Deposits cover work already scheduled and are non-refundable, save to the extent the work has not been done and the commitments can still be cancelled.
  • A shoot postponed within 5 working days of the shoot date may incur crew and location cancellation charges at cost.

14. Warranties and liability

We warrant that we will perform the services with reasonable care and skill, and that the deliverables will conform in all material respects to the accepted proposal. Tell us within 14 days of delivery if they do not, and we will put it right.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded. Any limitation below is subject to the reasonableness requirement under the Unfair Contract Terms Act 1977 of Singapore.

Subject to that:

  • our total aggregate liability arising out of a project is limited to the total fees paid by you for that project;
  • neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings;
  • we are not liable for the commercial performance of the work — we do not warrant views, engagement, leads or sales;
  • we are not liable for loss arising from material you supplied or approved.

15. Events beyond reasonable control

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, industrial action, government action or restriction, failure of utilities or telecommunications, and cyber attack. The affected party will notify the other promptly and both will work in good faith to reschedule. If the event continues for more than 60 days, either party may terminate under section 13.

16. Governing law and disputes

These terms, and any dispute arising out of or in connection with them, are governed by the laws of Singapore.

If a dispute arises, the parties will first attempt in good faith to resolve it by discussion between senior representatives within 30 days. If that fails, the parties may refer the dispute to mediation administered by the Singapore Mediation Centre.

Failing resolution, the parties submit to the exclusive jurisdiction of the courts of Singapore.

17. General

  • Order of precedence. Where a signed statement of work conflicts with these terms, the statement of work prevails for that project.
  • Severability. If any provision is held unenforceable, the rest continues in force.
  • No waiver. A failure to enforce a right is not a waiver of it.
  • Assignment. Neither party may assign the agreement without the other’s written consent, which will not be unreasonably withheld.
  • Third parties. A person who is not a party has no right to enforce these terms under the Contracts (Rights of Third Parties) Act 2001.
  • Notices. Written notices may be sent by email to the addresses used for the engagement.

18. Changes to these terms

We may update these terms. The version that applies to a project is the version in force when the proposal was accepted. Website use is governed by the version on this page at the time of use.

19. Contact

TheBullseye — UEN 202635288E
10 Anson Road, #28-068 International Plaza, Singapore 079903
hello@thebullseye.sg

A note on this document

These terms are drafted against Singapore law — in particular the Copyright Act 2021, the Personal Data Protection Act 2012, the Unfair Contract Terms Act and the Electronic Transactions Act. They are not legal advice. Before relying on them commercially, have them reviewed by a Singapore-qualified lawyer, who should check the payment terms, the liability cap and the copyright assignment in section 9 against how you actually contract.

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