Terms & Conditions
Last updated: 18 August 2026
These Terms & Conditions (“Terms”) govern the use of this website and, where applicable, the provision of creative services by Kirsten Dinnie Productions (Pty) Ltd.
Definitions
For the purposes of these Terms:
“The Company”, “we”, “us” or “our” means Kirsten Dinnie Productions (Pty) Ltd.
“The Client”, “you” or “your” means any individual, business, company, organisation or other entity that engages, commissions or purchases Services from the Company, or otherwise uses this website.
“Services” means the creative services provided by the Company, which may include, without limitation, creative strategy, creative concepts, video production, video scripting, written storytelling, copywriting, email copy, social media content, blog and editorial writing, website copy, campaign concepts, creative direction and bespoke creative services.
“Creative Work” means any original creative material created, developed, written, filmed, designed, produced or supplied by the Company in connection with the Services. This includes, without limitation, scripts, written content, stories, copy, concepts, campaign ideas, creative treatments, videos, footage, photographs where applicable, audio, graphics, designs, animations and other creative materials.
“Pre-Existing Materials” means any intellectual property, materials, concepts, methods, processes, frameworks, templates, techniques, know-how, tools, systems or other materials owned, developed or used by the Company before a particular project, or developed independently of that project.
“Client Content” means any materials, information, branding, trademarks, logos, photographs, footage, text, data or other content supplied by the Client to the Company for the purpose of providing the Services.
“Third-Party Materials” means materials owned or licensed by a person or entity other than the Company or the Client, including stock footage, stock imagery, music, fonts, software, talent, trademarks and other licensed materials.
“AI Technologies” means artificial intelligence, generative artificial intelligence, machine learning, deep learning, large language models, generative models, synthetic media, voice-cloning technology, digital avatars, deepfakes and any substantially similar or successor technology.
“Personality Rights” means rights and interests relating to an individual’s name, image, likeness, voice, appearance, performance, persona, identity, mannerisms and other identifiable characteristics, to the extent recognised or capable of being protected under applicable law.
1. About this website
This website is operated by the Company as a portfolio and information website.
The website showcases the Company’s Creative Work and provides information about the Services available.
The website does not provide user accounts, memberships or online purchasing facilities.
Any Services provided to a Client are subject to the applicable quotation, proposal, scope of work, agreement or other written arrangement between the Company and the Client.
2. Website content and intellectual property
Unless expressly stated otherwise, all Creative Work and other content appearing on this website is owned by, licensed to, or otherwise lawfully used by the Company.
This includes, without limitation:
Written copy;
Stories and scripts;
Creative concepts;
Campaign ideas;
Videos and footage;
Images;
Graphics;
Designs;
Animations;
Audio;
Branding;
Website layouts; and
The selection, arrangement and presentation of these materials.
The Client or any other visitor to this website may view the content for personal, informational purposes only.
No ownership or licence is granted merely by accessing or viewing the website.
No person may copy, reproduce, download, distribute, publish, modify, adapt, commercially exploit, sell, licence or otherwise use any website content without the Company’s prior written permission.
3. Artificial Intelligence and Synthetic Media
All Creative Work, website content, Pre-Existing Materials and other materials owned or supplied by the Company are expressly excluded from any licence or permission for use with AI Technologies unless expressly authorised in writing.
Without the Company’s prior written consent, the Client or any other person may not:
Copy, scrape, harvest, reproduce or extract website content or Creative Work for use in AI Technologies;
Use Creative Work, scripts, writing, concepts, campaigns, videos, images, audio or other materials to train, fine-tune, test, benchmark, develop or improve any AI Technologies, model or dataset;
Upload or submit such materials to an AI system for training, dataset creation or model development;
Use Creative Work or other Company materials to generate, reproduce, imitate or transform creative work through AI Technologies;
Create or train digital replicas, synthetic media, digital avatars or deepfakes using Company materials;
Clone, replicate or synthesise the voice, face, image, likeness, appearance, performance, mannerisms, persona or other identifiable characteristics of Kirsten Dinnie or any actor, model, presenter, contributor or other identifiable person appearing in the Company’s productions;
Generate content intended to appear as though it was created, spoken, performed or endorsed by Kirsten Dinnie or another identifiable person appearing in the Company’s Creative Work; or
Use the Company’s Creative Work, or the Personality Rights of any person appearing in it, to develop, operate, train or improve AI Technologies.
This restriction applies whether the AI Technologies are commercial or non-commercial, publicly available or privately operated.
No AI-related rights are granted under these Terms or under any Client engagement unless expressly agreed in a separate written agreement.
Any authorised AI-related use must be specifically agreed in writing and may be subject to additional terms, restrictions, licensing fees and/or compensation.
Payment for Creative Work does not, by itself, grant the Client any right to use that Creative Work or any person’s Personality Rights for AI Technologies.
4. Pre-Existing Materials
All Pre-Existing Materials remain the property of the Company.
The Client does not acquire ownership of the Company’s Pre-Existing Materials merely because they are incorporated into or used in connection with the Services.
The Company retains the right to use its general knowledge, skills, experience, techniques, methodologies and know-how in providing services to other clients, provided that the Company does not disclose the Client’s confidential information.
5. Client Content
The Client retains ownership of Client Content supplied to the Company.
The Client grants the Company permission to use Client Content solely to the extent reasonably necessary to provide the Services.
The Client warrants that it has the necessary rights and permissions to provide Client Content to the Company and authorises the Company to use that content for the agreed Services.
The Client is responsible for ensuring that Client Content does not infringe the rights of any third party.
6. Commissioned Creative Work and payment
Where the Company creates Creative Work specifically for a Client, the ownership and usage rights applicable to that Creative Work will be determined by the relevant quotation, proposal, scope of work or written agreement.
Unless expressly agreed otherwise in writing:
The Client’s rights to use the final Creative Work commence only once all amounts due to the Company for that Creative Work have been paid in full.
Until full payment has been received, the Client may not publish, distribute, commercially exploit, reproduce or otherwise use the Creative Work.
Payment in full does not transfer ownership of the Company’s Pre-Existing Materials, methodologies, processes, frameworks, templates, know-how or other underlying intellectual property.
7. Use of completed Creative Work
Unless otherwise agreed in writing, the Company retains the right to display and refer to completed Creative Work for its own professional and promotional purposes.
This may include use:
On the Company’s website;
In its portfolio;
On social media;
In presentations;
In proposals;
In case studies;
In advertising;
In marketing materials;
In award submissions; and
In pitches and credentials materials.
Where appropriate, the Company may identify the Client, project or campaign.
The Company will not knowingly disclose confidential information belonging to the Client solely for promotional purposes.
Where a separate written agreement contains confidentiality or portfolio restrictions, those terms will take precedence.
8. Third-Party Materials
Creative Work may incorporate Third-Party Materials.
Where this occurs, the Client’s rights to use those Third-Party Materials are subject to the applicable third-party licence or terms.
The Company does not grant ownership or usage rights that it does not itself possess.
Additional licensing fees may apply where required for the intended use of Third-Party Materials.
9. Changes and revisions
The scope of revisions included in a project will be determined by the applicable quotation, proposal or scope of work.
Requests that materially change the agreed brief, scope, deliverables or creative direction may constitute additional Services and may be charged separately.
10. Confidentiality
Where the Company and Client have agreed that particular information is confidential, the parties will take reasonable steps to keep that information confidential and use it only for the purposes for which it was disclosed.
Confidentiality does not apply to information that:
Is already publicly available;
Becomes publicly available through no breach of confidentiality;
Was lawfully known before disclosure;
Is independently developed; or
Must be disclosed by law or a competent authority.
11. Website use
You agree not to use the website:
For any unlawful purpose;
To infringe intellectual property or other rights;
To copy or reproduce website content without permission;
To interfere with the operation or security of the website; or
To use automated systems to scrape or systematically reproduce website content.
12. Third-party websites
The website may contain links to third-party websites, platforms or services.
These are provided for convenience. The Company does not control and is not responsible for the content, availability, security or privacy practices of third-party websites.
13. Website availability and information
The Company makes reasonable efforts to keep the website accurate and available but does not guarantee that the website will always be uninterrupted, error-free, complete or current.
Portfolio examples and previous results do not guarantee that identical results will be achieved for another Client or project.
15. Changes to these Terms
The Company may update these Terms from time to time.
The latest version will be published on this website with the applicable “Last updated” date.
16. Governing law
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms or the use of this website will be subject to the jurisdiction of the South African courts, subject to any mandatory rights or protections that may apply under applicable law.
17. Contact
Kirsten Dinnie Productions (Pty) Ltd
Email: info@kirstendinnie.com
South Africa
Last updated: 18 August 2026