Business DVD, Corporate Video Production and Internet Video Production Specialists

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CREATE MEDIA PARTNERS

Tel: 01420-561144

 

Making your message memorable - on screen, on DVD, on the Web

 

Terms of Business

Application of these terms

1. These terms and conditions shall apply in respect of all goods and services we supply to you whether specified or not ("the Service"). Except to the extent that these terms and conditions are varied by mutual consent they together with any brief and/or quotation shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.

 

Delivery

2. The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.


3. We shall produce one master copy of the production only for your use unless otherwise agreed and budgeted. Should you require further copies an additional charge will apply. A separate quotation will be issued for the production of additional copies.


4. Times given for delivery of the Service are estimates only and time shall not be of the essence.

 

Acceptance and Changes

5. The Service shall be made available for acceptance at agreed stages. At each agreed stage changes to the Service shall only be permitted to the extent that such changes are consistent with the brief. Beyond completion of the final Master we will apply the 'Two Hour Rule'. By this it is meant that any change or alteration to the final Master that we deem will take less than two man-hours will not be charged.

 

6. Other than as stated in clause 5 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:

  1. Changes that result from inaccurate or misleading information having been supplied by you;
  2. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service;
  3. Changes that result from a significant change to the brief;
  4. Additions to the original brief in the form of extra variations or edits of the originally planned piece such as but not limited to shorter 'highlights' edits or specific web versions that are not agreed at the outset.

Payment

7.1 Payment terms:

  1. budgets up to £3,999:
    1. 50% of agreed budget on commissioning,
    2. 50% on delivery.
  2. budgets £4,000 and above:
    1. 35% of agreed budget on commissioning,
    2. 35% on completion of filming, and
    3. 30% on delivery.

7.2 Payment Conditions

    1. Payment is due on receipt of invoice and is of the essence.
    2. We will not consider payment to be received until it is represented by cleared funds.
    3. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.
    4. Any fees incurred by us in recovering payment will be chargeable.
    5. Payment to be made in Pounds Sterling.
    6. All quotes are exclusive of VAT.

8. We will interim invoice in respect of the Service. Prior to final invoice, we will deliver a web file, DVD or video tape of the finished production, with the word "Sample" embedded as a watermark on the picture. When this has been accepted by you and final payment has been cleared, we will deliver the unwatermarked "clear" final copy of the production.

 

9. If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.

 

10. Payment is to be made in full without any discount deduction, set off or abatement.

 

11. We reserve the right to apply any payment made by you in total or partial satisfaction of any debt due from you to us.


Cancellation, Safety and Insurance

12.1. Dates for production are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or an amendment by you that results in a cancellation the following charges will apply where the cancellation notice is given or is caused:

    1. Within 7 days of shoot date - £100 plus VAT
    2. Within 48 hours of shoot date - 50% of daily shoot rate plus VAT
    3. Within 24 hours of shoot date - 100% of daily shoot rate plus VAT
    4. Where Services, Equipment and/or Travel Arrangements have had to be pre-paid and are non-refundable, you agree to pay these charges in addition to a, b or c above.

 

12.2. Where the shoot shall take place at your premises or a location designated by you the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.


Expenses

13. All reasonable expenses incurred by us in providing the Service shall be at your cost. Where possible expenses will be pre-arranged with you and/or set out in the quotation. In the absence of prior notification of expenses the following rates shall apply:

  1. All mileage at 0.40p per mile
  2. Overnight stay £115 per person
  3. Daily subsistence £25

Our Copyright Policy

14. We operate a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to you subject to the following:

    1. Payment in full is received from you for all outstanding invoices;
    2. You grant us a royalty free licence to use all copyright in the media produced by us for our own promotional purposes such as on our website or otherwise;
    3. All design concepts such as logos, themes, plans, models together with all copyright in any music shall remain vested in us and shall be made available to you on licence save that you shall only be permitted to use such material and design concepts for the purpose identified in the brief;
    4. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.

Storage Policy

15. All media produced by us on your behalf will be originated & stored as follows:

    1. Footage will normally be captured in widescreen Hi-Definition (as standard) unless specifically required otherwise, e.g. for 4x3 projection displays or Powerpoint presentations;
    2. Original footage is captured on tape, optical disc or memory card. Once the material has been digitised to local RAID hard drive or network disc array, the original master media is stored in a fireproof data safe;
    3. When editing directly from memory stick for faster turnaround, material is backed up to a n external hard disk when the edit is completed;
    4. Project Edit Decision Lists (EDLs) are continually backed up automatically, and regularly copied to a second hard drive for additional security;
    5. All footage is retained on computer systems until completion of the post production process;
    6. Following sign off, all source files and edit files are archived to high capacity eSata hard drives and stored in a secure fireproof data safe.
    7. Subject to agreement, we can continue storing your materials in digital form in readyness for subsequent updating, re-purposing or versioning.

Warranties and Liability

16. We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.

 

17. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.

 

18. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.

 

19. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.

 

20. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.

 

21. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.

 

Assignment

22. We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.

 

Severance

23. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

 

Waiver

24. Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.

 

Third Party Rights

25. The terms of the Contracts (Rights of Third Party) Act 1999 shall
not apply to these terms and conditions.

 

Applicable Law

26. These terms and conditions shall be governed by English law
and subject to the exclusive jurisdiction of the English Courts.