Terms & Conditions
These Terms and Conditions are the standard terms that apply to all corporate videography services provided by us, One Source Media, of Fortrey Hall, Engine Bank, Mepal, Ely, CB6 2AX (“the Videographer”).
These Terms and Conditions apply to corporate services only – if you are a consumer (as defined in the Consumer Rights Act 2015), separate terms and conditions will apply. Copies of our consumer terms and conditions are available on request.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means your request to acquire our Services and our acceptance of your request, as set out in clause 2;
“Contract” means the contract for the provision of our Services, incorporating our “Contract for corporate video services” and these Terms and Conditions, as explained in clause 2;
“Client” means you, the business purchasing our Services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Client in the context of this Contract; and
“Services” means the videography services provided by us.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing” and ”written” includes emails and similar communications;
1.2.2 “we”, “us” and “our” is a reference to the Videographer;
1.2.3 “you” and “your” is a reference to the Client;
1.2.4 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.5 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.6 a clause is a reference to a clause of these Terms and Conditions; and
1.2.7 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
2. The Contract
2.1 If you wish to make a Booking, you may contact us by phone, in person, or by email or post. We will provide you with a “Proposal”, which will outline the Booking details and our price. Any price we provide will be valid for acceptance for a period of 30 days.
2.2 Please ensure that you have read these Terms and Conditions carefully before signing the Contract. A legally binding Contract between you and us (which will include these Terms and Conditions) will be created when you sign our “Contract for corporate video services” and/or when you confirm in writing that you accept our price and wish to go ahead with the Booking.
2.3 You may change your Booking a minimum of 30 days before the event date. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that we will be able to do so. If your Booking is changed, we will inform you of any change to the price in writing.
3. The Video Shoot
3.1 Please provide us with as much information as possible about the video shoot when making your Booking, including any specific events or compositions that you may wish for us to capture. However, any such specifics we may discuss are a guide only and are dependent on the circumstances, such as timing, weather, venue issues, willingness of participants, and delays. Please also bear in mind that impractical layout and low lighting could significantly affect the quality of the video.
3.2 It is your responsibility to advise the venue in advance that filming is to take place.
3.3 We can, at your request, visit your chosen filming location in advance to check its suitability. We reserve the right to charge for this, where the location is outside of Cambridgeshire, together with mileage and expenses.
3.4 We can, if necessary, arrange the venue hire on your behalf. In this event, we will agree a suitable location between us. You must advise us at this time of any particular access requirements, such as disability access. You will be required to pay for the venue at the same time as paying your deposit to us. Where the deposit has already been paid, we will invoice for the venue hire separately and this will become immediately due and payable. You will be bound by the venue’s terms and conditions. If you cancel your Booking with us or cancel the venue for any reason whatsoever, or if we cancel your Booking under clause 9.2, you will be responsible for the payment of any venue cancellation charges.
3.5 On occasion we may need to hire in additional pieces of equipment (for example, for a larger shoot or if a specific shot is needed). In this event, we will agree the additional cost of this with you in writing in advance. We will invoice you for this separately and this will become immediately due and payable.
3.6 It is your responsibility to advise us at the time of Booking if any children will be participating in the video shoot. In this event, we will require each parent or legal guardian to sign a model release form giving consent to such filming. You are responsible for ensuring any children are accompanied and fully supervised at all times during the video shoot.
3.7 You agree that we will be the sole professional videographer for the video shoot.
3.8 We will use our own exclusive judgement when selecting equipment and deciding upon artistic factors such as composition, lighting and style.
3.9 We will provide our Services with reasonable skill and care, consistent with best practices and standards in the industry.
3.10 Where we have specified the filming time in days, this is calculated on an 8-hour day and unless otherwise agreed, we will charge an hourly rate after this for additional time where necessary. You must allow us a rest break after 5 hours.
3.11 We have allowed for one initial meeting within our price quoted, unless otherwise specified in the Contract. If any additional meetings are required, these will be chargeable as extra. We also reserve the right to charge for mileage and expenses in accordance with clause 5.7.
4. The Video
4.1 Once the video shoot has taken place, we will send you the first draft of the video within one month, unless otherwise agreed. Any timescales we may discuss are subject to change and are not of the essence of the Contract. It is your responsibility to provide us with the information we require in a timely manner (including, but not limited to, details relating to the brief, editing requirements, the provision of logos and design work of sufficient quality).
4.2 Once we have issued our first draft in accordance with clause 4.1, we will accommodate one set of minor editing changes only, without charge. Any other changes required will be chargeable at our hourly rate in effect at the time. We also reserve the right to charge additional costs if the original brief changes significantly at any stage.
4.3 Unless otherwise agreed, we will send your final video via a cloud-based file transfer service such as WeTransfer/Google Drive.
4.4 If you specifically require the video to be sent by disc, we will check the disc functions correctly before posting it to you. However, if the disc does not work when you receive it, please notify us within 7 days of delivery. You must return the original disc to us and we will issue a new copy only once we have received the original.
4.5 We may use the final video in our portfolio, unless you specifically request otherwise.
4.6 We will provide our professional advice and recommendations in relation to the video but we cannot accept responsibility for any actions taken as a result of such advice or recommendations, nor can we guarantee the success of the video as a marketing tool. Further, we shall not be liable for any consequences should our professional advice not be taken.
4.7 Once the final video has been provided to you, we will keep a copy in storage for 6 months from the date of the video shoot, after which time we will dispose of it. Any copies required within this timeframe will be provided only at our discretion and will be chargeable. We will be unable to provide any part of the footage after this 6 month period has expired.
5. Price and Payment
5.1 The price of our Services will be as outlined in our “Contract for corporate video services”. Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
5.2 You will be required to pay a deposit of 25% of the total contract price, once the Booking is made, to secure the date. Bookings will not be deemed confirmed until the deposit is paid in full, unless otherwise agreed
5.3 Deposits are non-transferable and non-refundable except in accordance with clause 9 below.
5.4 We will invoice the balance once the final video has been issued to you. All invoices are payable within 28 days from the date of invoice.
5.5 We will send the final video in low resolution and we may also add a watermark. This will be removed and a high resolution video will be issued once we have received the final payment in full.
5.6 All prices we may provide are exclusive of VAT, where applicable. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where you have already made payment in full.
5.7 We may charge for our reasonable expenses in addition to the price, such as for mileage to the venue or for any meetings required outside of Peterborough, together with any parking costs incurred. We may also charge for accommodation and subsistence where necessary and only if this is agreed in advance.
5.8 We accept payment by BACS or by credit or debit card. Please note we do not accept payment by American Express.
5.9 If you do not make payment to us by the due date, we reserve the right to charge you interest on the overdue sum at the rate of 8% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
5.10 We reserve the right to charge a waiting fee for wasted visits or delays caused by any reason beyond our control, either before, during or after the video shoot.
6. Copyright and Licence
6.1 The copyright in all videos recorded by us is, and shall remain, our property.
6.2 Provided payment is received by us in full in accordance with clause 5, we will grant you a licence to use the video in accordance with the following terms:
6.2.1 The licence will become effective once we have delivered the final video to you and, subject to the provisions of this clause 6, will continue from that date for the duration of copyright protection (which will be the life of the videographer plus 70 years under Section 12 of the Copyright, Designs and Patents Act 1988);
6.2.2 The licence will apply only to the final video and will not extend to any draft videos or other material viewed by you;
6.2.3 You may not sub-licence the licence granted without our express written permission;
6.2.4 We reserve the right to use the video and any part of it in our company show reels for advertising and promotional purposes, except where prior to the shoot you have notified us in writing that the video or any part of it is confidential;
6.2.5 Any licence will be automatically revoked if you breach any of these Terms and Conditions.
6.3 Where music is to be included in the video, we will purchase the licence to use this (we will not purchase a commercial track) and will include for it in our price, unless you provide us with your own music together with evidence of your right to use it.
7. Our Liability
7.1 We have in place Public Liability insurance. Details are available on request.
7.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of any of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
7.3 Under no circumstances will we be liable to you for any consequential or indirect loss, loss of profit, loss of business, interruption to business or for any loss of business opportunity.
7.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of any of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
8. Events Outside of our Control (Force Majeure)
8.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
9. Rescheduling and Cancellation
9.1 You may cancel or reschedule the video shoot for any reason at any time. Subject to the remainder of this clause 9, the following shall apply to cancellation or rescheduling:
9.1.1 If you cancel the video shoot (and the Contract) more than 6 months prior to the date of the video shoot, we will refund any deposit paid;
9.1.2 If you reschedule the video shoot at any time prior to the date of the video shoot, we will retain all sums paid, including any deposit, and such sums shall count towards the rescheduled video shoot. We will use every effort to accommodate your preferred rescheduled date but we cannot guarantee this will be possible;
9.1.3 If you cancel the video shoot (and the Contract) less than 1 months prior to the date of the video shoot, we will retain any deposit paid.
9.2 Either you or we may cancel the Contract immediately by giving the other party written notice if:
9.2.1 either party breaches the Contract in any material way and fails to remedy that breach within 14 days of being notified of the breach (where it is reasonably possible to remedy such breach. If it is not, the material breach will trigger the right to cancel immediately); or
9.2.2 a receiver is appointed of any of either party’s property or assets;
9.2.3 either party becomes subject to an administration order (within the meaning of the Insolvency Act 1986) or goes into liquidation (except for the purposes of amalgamation or re-construction); or
9.2.4 either party ceases, or threatens to cease, to carry on business.
9.3 If cancellation under clause 9.2 occurs, we will retain all sums paid, including your deposit.
9.4 If cancellation or rescheduling under clauses 9.1 or 9.2 occurs and we have arranged the location under clause 3.4, any refunds due will be exclusive of the venue hire and where this has not yet been paid, any cancellation charges incurred by us from the venue as a result of the cancellation will become immediately due and payable.
9.5 We may cancel the video shoot for any reason at any time prior to the date of the video shoot. If we cancel (other than under the provisions of clause 9.2) and you have made any payment to us (including but not limited to the deposit) that/those sum(s) will be refunded to you. The refund will be our sole liability.
10. How We Use Your Personal Information (Data Protection)
10.1 All personal information that we may collect (including, but not limited
to, your name and address) will be collected, used and held in
accordance with provisions of the Data Protection Act 1998, to be superseded by the EU General Data Protection Regulation (2016/679) and any subsequent amendments
10.2 We will not pass on your personal information to any third parties without first obtaining your express permission.
11. Client Feedback and Complaints
11.1 We welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless wants to hear from you if you have any cause for complaint. We will use all endeavours to remedy problems with our Services as quickly as is reasonably possible and practical.
11.2 If you wish to contact us about any aspect of your dealings with us, please contact us in the first instance, in one of the following ways:
11.2.1 In writing, to One Source Media, Fortrey Hall Farm, Engine Bank, Mepal, Ely, CB62AX; or
11.2.2 By email, addressed to firstname.lastname@example.org
12. Other Important Terms
12.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
12.2 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
12.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will still be valid and enforceable.
12.4 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
12.5 Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
13. Law and Jurisdiction
13.1 These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) shall be governed by, and construed in accordance with, the laws of England and Wales.
13.2 Any dispute between the parties relating to these Terms and Conditions shall fall within the exclusive jurisdiction of the courts of England and Wales