Terms and Conditions (Updated 15th July 2011)
Please take time to read these terms and conditions it is important for both of us that you understand our contractual relationship relating to your use of this site and terms and conditions of working with us.
1. Use of this site
The unauthorized copying, reproduction, modification, distribution, transmission, republication, display or performance of any of the content on this website is strictly prohibited without the express written consent of Promotional Videos. This includes any of the text, photographs, graphics, videos, images or icons on any page of the www.promotional-videos.co.uk website. Promotional Videos reserves the right to enforce its copyrights and/or trademarks against any entity violating these terms. Promotional Videos and are protected by UK and international copyright laws.
2. Privacy policy
We want to protect your privacy. In order to operate our web sites and throughout the course of fulfilling your production requirements, we will need to gather information about you and your organisation. These terms explain how this may happen, what we will do with any potentially private data and how you can get in contact should you have any concerns.
We collect certain types of personal information when you request for specific information to be sent for example the video services guide, or a newsletter. This information may include:
your name, your title, your address, your phone number, your fax number, your email address, your website, your credit card number or other payment method
Information we collect such as this will not be given or sold to third parties unless we have specifically obtained your permission beforehand. The questions that we ask you as the relationship develops relate specifically to how we can best meet your video production/ marketing needs.
3. Payment terms
Promotional Videos expects 50% of final payment on signing of the contract and the final 50% on completion of production. Final payment is due no later than 14 days after the date of the final invoice. Product will be delivered once final payment has been received and cleared. Payment to be made by bank transfer, cheque or cash. All cheques must be made payable to Promotional Videos. If final payment is not received within 14 days of the invoice date, Promotional Videos reserve the right to charge interest at a rate of 8% per annum, which will be added to the customer’s account.
4. Expenses
Client is responsible for all expenses incurred by Promotional Videos during all stages of a production. Including but not exclusively: transport, food, accommodation, equipment hire, communication costs and media.
5. Supply
On delivery of final product copyright will be transferred to the client, yet Promotional Videos will retain the right to use all approved footage for their own promotional purposes. This may exclude any third party material (e.g. Music).
The customer’s requirements must be clearly provided to Promotional Videos in writing before commencement of work. Any subsequent changes must also be provided in writing and then approved by Promotional Videos and may incur further cost.
A video programme will only be publicly released by Promotional Videos once the customer approves all content as complete and satisfactory and confirms this in writing.
6. Liability
Promotional Videos reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
Promotional Videos cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Promotional Videos shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to Promotional Videos, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Whilst every care is taken in the handling of the client’s property, Promotional Videos will not be held responsible for any loss or damage, resulting from unforeseen circumstances whilst they are in Promotional Videos custody, or as a result of third party action or failure.
7. Commencement of work
Promotional Videos will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
8. Communication
E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes as long as it is acknowledged with a response.
Any contract requiring Promotional Videos to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Promotional Videos. If Promotional Videos deem them not to of been so then Promotional Videos cannot be held responsible for failing to meet a deadline.
Promotional Videos office hours are 9.00 a.m. to 6.00 p.m. Monday to Friday unless notified otherwise.
9. Confidentiality
Promotional Videos and all personnel will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence. Any confidential or proprietary information which is acquired by Promotional Videos from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Promotional Videos will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the client shall keep confidential any methodologies and technology used by Promotional Videos in the supply of the agreed product(s) or service(s).
10. Termination
A customer may terminate the contract at any time by written notice of termination.
When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Promotional Videos unless any other written agreement is reached in advance.
Any claims must be made in writing to Promotional Videos within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
11. Complaint
Should the client have cause to make any complaint about service or programmes the complaint, if put in writing, will be acknowledged by Promotional Videos within 14 days and a detailed reply will be issued to the client within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to Promotional Videos.
12. Data Protection
The client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video in order for Promotional Videos to supply the product(s) or service(s) – and that such recording is in compliance with Data Protection.
13. Health & Safety
Promotional Videos and the client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s) agreed.
14. Indemnity
The client agrees to indemnify Promotional Videos against all expenses, damages, claims and legal costs arising out of any failure by the client to obtain any clearances for which he was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. Promotional Videos shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the client shall be responsible for obtaining such clearances and will indemnify Promotional Videos against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
15. Applicable Law
This agreement shall be governed by the laws of England & Wales.
16. Variation
These Terms and Conditions shall not be varied except by agreement in writing.
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