1. The following words or expressions shall have the meanings stated:
“Videographer” or "his" means Paul Hughes trading as Paul Hughes Video.
“Customer” means the person identified as the customer on a booking form.
“Booking Form” means a form (whether or not printed on the reverse of these terms and conditions) completed by the customer, by which the customer instructs the Videographer to create material.
“Material” means all footage, Copies, DVD's, Blu-Ray, VHS, Digital Files, and/or any other product comprising or containing reproduction of any form of video material, and which has been created by the Videographer.
“Order” means any request, order, commission, instruction or booking by or on behalf of the customer for creation of material by the Videographer.
“Price” means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Videographer pursuant to an order shall be subject to these terms and conditions.
3. Copyright and ownership of all material is retained worldwide by the Videographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Videographer's rights in the material, save as:
3.1 Specifically set out in these terms and conditions.
3.2 May otherwise be agreed by the Videographer in writing.
4.1 In consideration of the price the Videographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.2 The Videographer will not be responsible for any losses, damages or errors due to misinformation or equipment failure.
4.3 In consideration of the Videographer's agreement in Paragraph 4.1 above, the customer will pay the price in accordance with the provisions set out in Paragraphs 5 & 6 below.
5. An Order shall be subject to the following provisions:
5.1 The Videographer shall be entitled to require a booking fee on account of the price, as may be agreed between the Videographer and the Customer prior to the taking of steps to create any material.
5.2 Customers who have placed an order on the internet, over the phone or in the post have seven days to ‘cool off' during which time if they wish to cancel the Order they must notify the Videographer in writing. Any monies paid will be refunded without penalty (excluding expenses already incurred).
5.3 In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation, the Videographer shall, in any event, be entitled to retain the booking fee and/or agreed.
5.4 In the event of a cancellation of an Order by the Videographer, full refund of any monies paid will be issued by cheque within two weeks from the date of notification.
5.5 The Videographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.6 The Videographer licences the Customer to utilise the Material produced as a result of the Customer's Order to the extent of private use only, unless otherwise agreed by the Videographer in writing. Any breach of such licence shall automatically revoke such licence without further notification from the Videographer.
5.7 Unless specifically otherwise agreed in writing between the Videographer and the Customer, the Videographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Videographer's business.
5.8 The Videographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.9 Save as otherwise agreed between the Customer and the Videographer, the Videographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
5.9.1 The Videographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
5.9.2 Customers wishing material to be placed on third party websites accept the Videographer is not responsible for their policies.
5.9.3 Filming time is subject to fair play. The Videographer shall fulfil his obligations agreed under an Order provided the event doesn’t over-run beyond what is reasonable as a result of an event or circumstances beyond his control, save as.
6. Two weeks before the date of the Videographer's obligations under an Order the Videographer shall deliver an invoice for the price to the Customer and the Customer shall pay the price (or any balance of it) within 14 days of the date of the invoice. Any sum outstanding after the expiry of 14 days shall have the following consequences:
6.1 Provided a booking fee has been received or an Order is account based, an Order may still be recorded and archived either to be completed, edited or released when the balance is settled.
6.2 A second invoice may be sent offering a period, as defined on the invoice terms, in which to settle. Should payment not be received a late payment fee of 5% will be added. Additional editing fees may also be incurred should an order be removed from the editing system due to non compliance of these terms.
6.3 Returned payments attract a £25.00 charge.
6.4 Any licence granted by the provisions of paragraph 5.6 above shall be automatically revoked, and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Videographer.
7. Where an Order lasts longer than a period six hours a cooked meal must be provided by the Customer and at the Customer's expense, save as otherwise agreed in writing.
8. Save as otherwise agreed in writing, the customer is responsible at all times for obtaining (and if necessary paying) the appropriate music rights, licences and / or permissions for any music to be included as part of their Order.
8.1 Save as otherwise agreed in writing, the customer is responsible at all times for obtaining (and if necessary paying for) the appropriate permissions for any person, place or thing to be recorded as part of their Order.
9. Technical faults must be notified within three days of delivery. Faults notified after this it may not be possible to rectify or a charge may be levied.
10. The contractual relationship between the Videographer and the Customer shall be governed by the laws of the United Kingdom.
11. An Order, as evidenced by information on the Booking Form and as governed by and together with these terms and conditions shall form the entire agreement between the Videographer and the Customer, save as otherwise agreed in writing.
Last update 31st August 2010