Compass Video Terms and Conditions
These video production terms and conditions are in relation to business and work carried out by Compass Video.
1) Introduction – Application / Agreement
a) These Terms and Conditions (referred to as “A contract”) apply to the provision of services detailed in a quotation supplied by Compass Video, a company registered in England and Wales.
b) A contract is formed between a customer (referred to as the “Customer”) and Compass Video (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
c) The customer is deemed to have accepted these Terms and Conditions upon acceptance of our quotation or from the first date of the Company Supplying Services to the Customer.
d) The customer acknowledges these Terms and Conditions and has not relied on any verbal promise or statement or representation made or given on behalf of The Company.
e) A “Working day” is any day other than Saturday, Sunday or Bank Holidays
a) The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Statement of Works and according to the terms and conditions of this contract. The Company will use reasonable care and skill in the delivery of services which will comply with the original Statement of Works. The Company reserves the right to amend the Contact when necessary to comply with any applicable law or safety requirement. The Customer will be notified if this is necessary.
b) The Company will use all reasonable endeavours to complete the delivery of services to the Customer within the time agreed or set in the Statement of Works; however time will not be a defining factor in the delivery of our obligations.
3) Rights Reserved / Liability
a) Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
b) The Company can at any time, assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of The Companies obligations to any third party.
c) The Customer or The Company is liable for any failure or delay in the delivery of Services where such failure or delay is caused by circumstances beyond the reasonable control of that party.
d) The Company 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 Company being unable to supply the product(s) or service(s) as specified in the Statement of Works, liability shall be limited to monies already paid by the Customer.
e) Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by the Companies negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
f) The Customer must indemnify the Company against all damages, costs, claims and expenses suffered by the Company arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Customer, Customers suppliers and Customer employees.
g) Whilst every care is taken in the handling of the Customer’s property, the Company 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 Company. 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.
a) The Company 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 or Statement of Works. The Company reserves the right to charge interest on overdue amounts at an annual rate of 5% above the Lloyds TSB Bank base rate ruling on the date payment is due. Title in the goods or services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
b) In addition to fees agreed in the Statement of Works, the Company can recover from the Customer; 1) reasonable incidental expenses including but not limited to; travelling expenses, hotel costs, subsistence and all associated expenses 2) costs of any additional materials demanded by the Customer for the delivery of Services
c) The customer agrees to the pay structure as outlined in the Statement of Works and Invoice,
d) If the Customer fails to pay any part of the pay structure, the Company reserves the either withhold the delivery of Service or cancel the agreement between the Customer and the Company.
e) No part of the Payment Structure is refundable to the Customer unless the Company fails to deliver the Service and are at fault (where the Companies failure is not the Companies fault, no refund shall be given)
f) All payments must be made in British Pounds (GBP) unless otherwise agreed in writing between the Customer and the Company.
5) Amendment / Cancellation
a) The Company can withdraw, cancel or amend the Statement of Works before the Customer accepts or if Services have not commenced (which ever is sooner)
b) The Company or the Customer has the right to cancel Services or Statement of Works for any reason prior to acceptance (or rejection) of the Statement of Works
c) Any amend to the initial agreed Statement of Works will need to be made in writing. The company will attempt to meet any agreed amendments and make any required changes to the Services or Statement or Works and any additional costs will be invoiced to the Customer
d) The Company can cancel all services should the Customer; has become or is (in the reasonable opinion of the Company) about to become bankrupt or taking advantage of other statutory provisions for the relief of insolvent debtor.
6) Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the services outlined in the Statement of Works
7) Copyright / Intellectual Property
a) Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
b) Unless otherwise stated in the Statement of Works; the Company 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 Company to enable them to deliver the services agreed in the Statement of Works.
c) The Customer must ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Statement of Works.
d) The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
8) Data Protection / Confidentiality
a) 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 Company supplying the Services outlined in the Statement of Works – and that such recording is in compliance with Data Protection.
b) Unless otherwise agreed the Company will treat any information gained during the supply of the Services outlined in the Statement of Works, as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the Service outlined in the Statement of Works.
9) Complaints Procedure
a) In the unlikely event of a dispute over the supply of Service between the Customer and the Company, all disputes must be notified within 28 days of delivery of services outlined in the Statement of Works by the Company.
a) All notices under shall be deemed to have been duly given;
1) When delivered by courier or other messenger (including registered mail) during the normal business hours of the Customer.
2) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated
3) on the fifth business day following a mailing, if mailed by national or ordinary mail
4) on the tenth business day if mailed by airmail.
b) All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the Customer.
11) Basis of law
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
James – Jimc@compass-video.com 07824157730
Keith – Keith@compass-video.com 07920100948