These video production Terms and Conditions are in relation to business and work carried out by Barry J Wale trading as Eternity Videos.
The purpose of these Terms and Conditions is to establish a contract between a client (referred to as the CUSTOMER) and Eternity Videos (referred to as the PRODUCER) when an ORDER is received from the CUSTOMER. An ORDER may be in written, verbal or electronic form. These conditions do not affect your statutory rights.
The PRODUCER agrees to supply the product(s) or service(s) to the CUSTOMER as detailed in the ORDER and according to the terms and conditions of this contract. All orders are on a first booked, first served basis, therefore, we recommend confirming bookings as soon as possible to meet your filming and editing timelines.
3. Rights Reserved
Should the PRODUCER choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the PRODUCER’s rights. By providing the PRODUCER with an ORDER, the CUSTOMER accepts these terms and conditions.
The PRODUCER shall issue an invoice to the CUSTOMER in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The product(s) shall remain with the PRODUCER until full payment has been received, unless otherwise stipulated in the ORDER. The PRODUCER reserves the right to charge interest on overdue amounts at an annual rate of 5% on the date payment is due until receipt.
5. Health & Safety
The PRODUCER and CUSTOMER will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
Unless otherwise agreed, the CUSTOMER accepts the PRODUCER’s decisions on creativity within the product(s) or service(s). Under normal circumstances one ‘first cut’ edit will be available for the CUSTOMER to review and provide comment. One set of revisions will be incorporated within the agreed fees provided that any revisions or amendments fall within the original order deliverables. Subsequent revisions or significant re-edits will be charged at our standard rates.
7. Booking Fee / Cancellation
Monies paid by the CUSTOMER to reserve the product(s) or service(s) of the PRODUCER will be accepted as a Booking Fee. If the CUSTOMER cancels the ORDER less than 4 weeks prior to the PRODUCER supplying the product(s) or service(s), the CUSTOMER will be liable for the whole invoice value less any Booking Fee already paid. If the CUSTOMER cancels their ORDER more than 4 weeks prior to the PRODUCER supplying the product(s) or service(s), they shall forfeit the Booking Fee.
8. Illness or Equipment Failure
In the event that the PRODUCER experiences illness, equipment failure or technical difficulties we reserve the right to change the date or time of filming to a more suitable date or time. If the CUSTOMER or person to be interviewed experiences an illness that would pose a health risk or prevent successful video or audio capture they have the right to change the date or time of filming to a more suitable date or time without incurring cancellation fees, if 24 hours or more notice is given.
The PRODUCER accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the PRODUCER being unable to supply the product(s) or service(s) as specified in the ORDER, liability shall be limited to the total invoice value – or monies already paid by the CUSTOMER.
The PRODUCER carries public liability insurance cover of one million pounds. A copy of our insurance certificate can be provided on receipt of a request to our offices.
Unless otherwise stated in the ORDER, the PRODUCER retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the CUSTOMER in relation to the ORDER. The CUSTOMER must ensure that permission is sought for the inclusion of any copyright material they supply to the PRODUCER to enable them to deliver the product(s) or service(s). The CUSTOMER must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The CUSTOMER acknowledges that the PRODUCER has the right to showcase and/or advertise to prospective clients work undertaken on behalf of the CUSTOMER. The PRODUCER retains the right to use agreed sections of material for marketing purposes in its original and edited form, unless otherwise agreed in the ORDER. The CUSTOMER agrees to indemnify the PRODUCER in the event of any breach of copyright claims being brought against the PRODUCER in respect of material supplied by the CUSTOMER.
12. Data Protection
The CUSTOMER must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the PRODUCER supplying the product(s) or service(s) and that such recording is in compliance with Data Protection.
13. Care & Damage to Customer Property
Whilst every care is taken in the handling of the CUSTOMER’s property, the PRODUCER accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the PRODUCER. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
13. Right of Assignment
The PRODUCER retains the right to assign the supply of the product(s) or service(s) to the CUSTOMER to another suitable PRODUCER should they be unable to complete these terms and conditions.
Unless otherwise agreed, the PRODUCER will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the CUSTOMER shall keep confidential any methodologies and technology used by the PRODUCER to supply of the product(s) or service(s).
15. Complaints Procedure
In the unlikely event of a dispute over the supply of product(s) or service(s), the customer must provide details of the dispute in writing within 28 days of the delivery of the product(s) or service(s). The PRODUCER will review the dispute against the order and may seek independent arbitration if an agreement cannot be made between the CUSTOMER and the PRODUCER.
16. Basis of Law
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.