Terms & Conditions

UPDATED ON 2020/10/04

 

Statute of the Write Project Film Fund

 

 1. General Provisions

1.1. These conditions set out the procedure for the activities of, and award of funding by The Write Project Film Fund (hereinafter ‘the Fund’).

1.2. The objective of the Fund is to promote, by awarding funds, the development and production of and/or the provision of production and post-production services for professional audio-visual works relating to the South African region (hereinafter ‘the Film Project’) in order to attract investment, create jobs, promote local tourism and the economy in South Africa and to promote South Africa both domestically and abroad. In the award of funding, particular consideration shall be given to the share of regional enterprises and local talents used in the Film Project, the content of the Film Project and its future potential for success on the foreign market.

1.3. The work of the Fund is organized by PSP Media Capital (hereinafter ‘PSPMC’), where the project manager of the Fund works, who organizes the receipt of applications (including publication of information and application materials on the website) and forwarding of applications to the Expert Committee, ensures the work of the Supervisory Board, signs co-financing agreements, checks reports, makes payments from the Fund and markets the Fund in South Africa and abroad.

1.4. Terms used in the procedure for the activities of, and award of funding for Film Projects by the Fund:

1.4.1 Applicant for funding (hereinafter ‘the Applicant’) is a legal person registered in South Africa who:

1.4.1.1 has previous experience in professional film production;

1.4.1.2 has a tax clearance certificate;

1.4.1.3 has proof of copyright clearance;

1.4.1.4 is the main producer of a Film Project or has signed an option agreement for co-production or the provision of production services with the main producer of the Film Project and intends to produce the Film Project in South Africa;

1.4.2. Film Projects eligible for funding:

1.4.2.1. The types of Film Projects are:

1.4.2.1.1. Production and post-production of feature films with a total length of not less than 120 minutes and a total budget of not less than R15,000,000, excluding marketing and distribution costs;

1.4.2.1.2. Production and post-production of documentary films with a total length of not less than 60 minutes and a total budget of not less than R3,000,000, excluding marketing and distribution costs;

1.4.2.1.3. Production and post-production of short films with a minimum length of not less than 12 minutes, and a total length of not more than 30 minutes and a total budget of not less than R200,000;

1.4.2.1.4. Production and post-production of quality narrative, documentary and reality television series consisting of at least ten (10) episodes;

1.4.2.1.5. Script development of short films and feature films;

1.4.2.1.6. As an exception, the Supervisory Board may at its own discretion qualify Film Projects differing from the above criteria if according to the assessment of the Supervisory Board; such Film Projects comply with the objectives of the Fund.

1.4.2.2. Applications for Film Projects in which the shooting (or another production stage for which funding is applied for) has been finished by the moment of application are not eligible.

1.4.2.3. Funds are not awarded for Film Projects that in the judgment of the Fund could incite religious hate or racism, present senseless violence or contain propaganda or similar that humiliates human dignity;

1.4.3. Recipient of funding is a legal person who has submitted an application for finance to the Fund and complies with the conditions of clause 1.4.1, with whom a co-financing agreement has been signed for the award and use of funds;

1.4.4. Finance for a Film Project constitutes at least 70% of the eligible costs of the Film Project incurred in South Africa;

1.4.5. Eligible costs – costs subject to partial refinancing according to the conditions of this Statute (see clause 3.1, below);

1.4.6. Non-eligible costs – costs that are not subject to refinancing according to the conditions of this Statute (see clause 3.3, below);

1.4.7. Expert Committee – the body reviewing and assessing the content of applications for funding which submits the Film Projects qualifying for investment to the Supervisory Board for making a funding decision. The Expert Committee consists of up to five members;

1.4.8. Supervisory Board – the body deciding on the award of funds and on the operating principles of the Fund. The members of the Supervisory Board are appointed by PSP Media Capital. The Supervisory Board approves by its decision a limit to be assigned for each investment under a co-financing agreement, expressed both as a percentage (10–20% of the costs incurred on the spot) and the maximum amount according to the information presented in the application;

1.4.9. Application round – application rounds are organized for the application for funding twice a year. The Supervisory Board decides the times of the application rounds for each following year.

 

2. Invitation to apply

2.1. The Write Project Film Fund and PSPMC publish information on the application rounds and the awarded funds via the website www.writeproject.co.za and other relevant information channels.

2.2. The application conditions are available on the website of the Fund.

 

3. Eligible and non-eligible costs

3.1. Eligible costs are economic transactions that are directly related to the production of the Film Project for which funding is awarded, based on accounting source documents, conducted under market conditions and incurred in South Africa.

The following costs are regarded as costs related to the production of a Film Project:

3.1.1. Hotel and other accommodation related services;

3.1.2. Rental of the equipment necessary for the implementation of the Film Project;

3.1.3. Transport services and other transport related costs;

3.1.4. Catering services (rendered by a service provider);

3.1.5. Construction services necessary for the production and preparation for the production of the Film Project:

3.1.6. Security services;

3.1.7. Public utility costs and public services;

3.1.8. Rental of rooms;

3.1.9. Purchase and rental of various goods necessary for the production of the Film Project (such as props, building materials, etc.);

3.1.10. Creative services (services provided by authors or creative associations);

3.1.11. Other services related to the production of the Film Project (such as translation, photography services, make-up, services relating to stage decorations or costumes, casting, special effects, etc.);

3.1.12. Administrative costs related to the production of the Film Project (office services, legal assistance, accounting, staffing, etc.);

3.1.13. The remuneration of the producer or the provider of the production service up to 50% of the total eligible costs;

3.1.14. Remuneration or other equivalent payments to extras, actors, etc., including taxes;

3.1.15. Remuneration and equivalent payments to the people involved in the film production, including taxes.

3.2. As an exception, the Supervisory Board may at its own discretion accept as eligible also other costs not listed above that are directly related to the production of the Film Project and, according to the assessment of the Supervisory Board, qualify as complying with the objectives of the Fund.

3.3. Non-eligible costs are:

3.3.1. Producer’s remuneration over 7% of the approved budget;

3.3.2. Bank service fees and other banking expenses (contract fee, bank card maintenance fee, etc.);

3.3.3. Purchases of low value (receipts under R200);

3.3.4. Costs not directly related to the production of the Film Project;

3.3.5. Other costs classified by the assessment of the Supervisory Board as non-eligible that are not related to the production of the Film Project.

3.3.6. No funds shall be awarded if reports show that the purchased goods or services are/were used for personal purposes.

 

4. Submission of application

4.1. During the first phase of submissions, an application shall contain the following:

4.1.1. A completed online application corresponding to the project submission form, and its annexes:

4.1.1.1. A logline of the Film Project;

4.1.1.2. In the event of feature films, the script of the Film Project, in the event of documentary films and/or series, the script or treatment of the Film Project; in the event of short films, the script or synopsis of the Film Project; in the event of quality television content origination, the pilot script and extended treatments of the remaining episodes.

4.1.1.3. A one page cover letter that expresses your vision for your project.

4.2. The second phase of submissions will commence once an application cycle is closed. Additional application information shall contain the following:

4.2.1. Time schedule for the production of the Film Project;

4.2.2. List of the production team of the Film Project and CV’s of the creative team;

4.2.3. Track record of the Applicant and the main producer (i.e. legal persons);

4.2.4. Overview and time schedule of the activities performed in South Africa;

4.2.5. Director’s treatment and/or a ‘lookbook’ of the Film Project;

4.2.6. Budget and financing plan of the Film Project;

4.2.7. Copies of letters of interest and/or funding agreements already secured for the Film Project;

4.2.8. Other additional information that could contribute to a positive funding decision and that the Applicant considers appropriate to add.

4.2.9. An estimated budget of the costs intended to be incurred for the Film Project in South Africa, with references to the eligible costs as specified in these Conditions. The actual costs may vary during the production of the Film Project, but funds shall not exceed the amount indicated in the co-financing agreement.

4.3. The application must be submitted by the Applicant or a representative of the Applicant who has signatory powers.

4.4. Where business secrets or parts thereof should be kept confidential in relation to the application, the Applicant shall indicate this requirement in the application. In such case, the Fund shall sign a separate non-disclosure agreement with the Applicant stating which information the Fund may publicly use to promote itself and its activities.

 

5. Assessment of application and publication of results

5.1. The Supervisory Board sets up an Expert Committee of up to five (5) members for the Fund.

5.2. The process of validation of applications and decision-making that begins after the deadline for applications previously approved by the Supervisory Board for this year is organized in three (3) stages:

5.2.1. In the first stage, the project manager of the Fund assesses the compliance of an application to formal requirements; where necessary, the Applicant is proposed to amend or add to the application (within seven (7) calendar days). The project manager forwards the applications that have been received and meet the requirements to the Expert Committee.

5.2.2. In the second stage, the Expert Committee assesses the compliance of the subject of the application to the objectives of the Fund, draws up a summary of the application on the basis of the assessment, and assigns to the Film Project a percentage of co-financing by the Fund and sets the maximum total amount, which the Expert Committee submits for approval to the Supervisory Board.

In the assessment of an application the Expert Committee may:

5.2.2.1. invite the Applicant to defend the application and answer questions;

5.2.2.2. invite, where necessary, other experts or ask other specialists of the area outside the Expert Committee to give an additional expert assessment.

5.2.3. Funding decisions are made by the Supervisory Board of the Fund based on the assessment of the Expert Committee as follows:

5.2.3.1. Decisions are made at meetings of the Supervisory Board by voting for each application individually.

5.2.3.2. A simple majority of votes of the Supervisory Board is required to approve an application.

5.2.3.3. The Supervisory Board decision approving an application also sets the rate of co-financing by the Fund.

5.2.3.4. Before signing a co-financing and co-production agreement, the Supervisory Board may ask for additional information from the Applicant and, if necessary, change the cost estimate presented in the application by changing the qualification of specific cost items as eligible and non-eligible costs.

5.4. The Expert Committee gives its assessment of applications within 30 calendar days of the end of the respective application round.

5.5. A meeting of the Supervisory Board that decides the results of the application round is held no later than 60 days of the end of the respective application round.

5.6. The Applicant is notified of the decision of the Supervisory Board on the approval or rejection of the application within three (3) working days of the decision of the Supervisory Board, after which a co-financing and co-production agreement is signed with the Applicant if the decision was positive.

5.7. No co-financing and co-production agreement is signed if the Applicant is found, prior to signing, to have knowingly submitted incorrect information in the application or attempted to obtain confidential information during the application assessment process or to influence the decision.

5.8. The final decisions of the Fund for each cycle are published on the website of the Fund.

 

6. Co-financing and co-production agreements

6.1. The Fund signs a written co-financing and co-production agreement with the Applicant after all the established requirements have been met. Approval of an application is not binding on the Fund before the agreement is signed.

6.2. An affirmative decision on co-financing and co-production is valid for up to twelve (12) months after the decision of the Supervisory Board. A co-financing and co-production agreement has to be signed within that period. The period can be extended by a decision of the Supervisory Board if the Applicant has submitted a reasoned application to that effect to the Fund.

6.3. The co-financing agreement sets out the time schedule for implementation of the Film Project that shall not extend beyond 31 December of the current year; the costs intended to be incurred in South Africa; the maximum rate of co-financing by the Fund, and other conditions that shall be binding on the implementation of the Film Project.

 

7. Award of Funds

7.1. Funding is awarded according to the conditions of the co-financing and co-production agreement.

7.2. The Fund reviews the final report on the implementation of the Film Project within 30 calendar days, involving experts where necessary. The Fund assesses whether the costs of the Film Project meet the co-financing agreement. The Fund then submits the Film Project report for approval to the Supervisory Board. The Supervisory Board decides on the approval of the report within 14 calendar days.

7.3. The Fund may request additional information and documented evidence on the production costs of the Film Project.

7.4. If the Supervisory Board approves the reports, the Fund calculates the amount of funding for the Applicant according to the co-financing agreement. The funds are paid in milestones, with the first payment within 14 calendar days after the Supervisory Board has made a decision on the compliance of the implementation of the Film Project.

7.4.1 Disbursements of funds, according to milestones, will be implemented as follows:

7.4.1.1. 20% payment after the signing of the co-financing and co-production agreement;

7.4.1.2. 20% payment at the commencement of pre-production;

7.4.1.3. 20% payment at the commencement of principal photography;

7.4.1.4. 20% payment after the completion of principal photography;

7.4.1.5. 20% payment after the completion of post-production and final delivery of Film Project.

7.5. The Supervisory Board may reduce the amount of funding if:

7.5.1. The documented evidence on the costs of the Film Project shows that the costs do not meet the requirements for eligibility;

7.5.2. The recipient fails to submit the report on the implementation of the Film Project by the deadline, without providing any reasoning or prior notice.

7.6. The Supervisory Board may decide not to award funding if the recipient:

7.6.1. has misled the Fund in any way;

7.6.2. has failed to submit the required documents and/or documented evidence of costs by the deadline;

7.6.3. has used approved funds for purposes not related to the Film Project rather than the production of the Film Project.

 

8. Rights and obligations of Applicants for funding

8.1. An Applicant for funding may withdraw their application.

8.2. An Applicant for funding must ensure the correctness of the information submitted in the application. In the event of submitting false information, the application shall not be granted or the Fund may reclaim funds already paid.

8.3. An Applicant for funding must follow the following conditions and the conditions of the co-financing and co-production agreement.

 

9. Control measures

9.1. The Fund may involve experts in relation to the reports of the Film Project in order to assess the compliance of the effective implementation of the Film Project to the information contained in the application, and the correct and fair presentation of eligible costs.

 

10. Final provisions

10.1. After signing a co-financing and co-production agreement, the recipient of funds and implementer of a Film Project agree to include information on funding by the Fund and the logos of the Fund and co-producers to the end titles of the finished work and the advertising and promotional material relating to the work.

10.2. In the co-financing agreement, the Applicant grants the Fund, PSPMC and its investment partners the right (non-exclusive license) to use the work for which funding was awarded non-commercially in its marketing activities around the world.

10.3. The Write Project and PSPMC will request an executive producer credit and participation in the project per terms to be agreed upon at time of the award of the production funds. Writer credit and director and producer credit will remain with the original filmmaking team.

10.4. All ownership and rights to the material submitted to the Fund remains with the original rights holders until and unless other agreements are made.

10.5. Should your project be awarded funding, you are not obligated to accept it until and unless other agreements are made.