Application of these terms
The Producer offers to produce the service for the Client in exchange for valuable consideration agreed. A percentage of this is to be payable immediately upon agreement of this document, and prior to the commencement of any strategy or production work undertaken. The price for the service shall be the price as stated in the Service Agreement.
Acceptance and Changes
The Producer will remain in communication with the Client regarding the development of the service. It is the Client's responsibility to ensure that the agent engaged in these communications has the authorisation to make decisions about the service. It is the clients responsibility to ensure there is sufficient and appropriate location space for filming, following advice by the producer. Once each stage of the service has been approved by the Client, changes may not be made to these approved stages without renegotiation of budget. Changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate. Including the following: Changes that result from inaccurate or misleading information having been supplied by the client in preparation of the brief. Changes that result from the client's failure to obtain consent from any third parties or employees necessary in the delivery of the Service; Changes that result from a significant change to the brief; Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter 'highlights' edits or specific web versions that are not agreed at the outset.
No other use of the service is anticipated, nor have terms of consideration been agreed upon for any but the use specified in the service Agreement. Any footage or copies stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such footage are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied electronically or by any other means any DVD/electronic file created as part of this contract without the permission of Remote Video Team in writing. Digital files remain the property of Remote Video Team. Remote Video Team retain the right to use any content created by them for the purpose of Remote Video Team promotional use, unless otherwise agreed in writing with the Client.
In the event of cancellation by the Client the deposit is non refundable. Should the Client wish to terminate the service and the works completed on the service exceed the deposit paid, the Client must settle the remaining balance. If deposit paid exceeds works completed at the time of cancellation, at the Producers discretion, a partial refund may be given calculated at daily rate and to include the purchase of any services products or any funds released in relation to the service.
Remote Video Team 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) 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 Remote Video Team, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Co-operate with the Producer in all matters relating to the service. Provide the Producer with such information and materials as may reasonably be required in order to supply the service and ensure that such information is complete and accurate in all respects. Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the service is to start. If the service or any of its obligations under the Service Agreement is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation, Remote Video Team shall without limiting its other rights or remedies have the right to suspend the service. Remote Video Team shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from this clause.