Terms and Conditions
Version 1.1 updated 21st November 2016
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Dan Haworth-Salter Photography & Film hereafter referred to as ‘Dan Haworth-Salter’.Client: The business, organisation or person who engages Dan Haworth-Salter to carry out the production of short form content for them.
Project / Production / Film / Goods: The end production, event or video which is ordered and used by the client.
Contract: A written arrangement agreed between Dan Haworth-Salter and the client in the form of a purchase order or written brief.
Third party: Any company, organisation or person not affiliated with or controlled by Dan Haworth-Salter or the client.
General Terms & Conditions Of Service
1). Acceptance of this quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between Dan Haworth-Salter and the client.
2). All quotes are free and valid for fourteen (14) days unless otherwise agreed.
3). Costs will be discussed during initial meetings between the client and DHS Film. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified and charged accordingly to the client.
4). Production fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, transcoding, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
5). If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
6). Dan Haworth-Salter will not commence work on any project until a signed purchase order or equivalent document has been provided by the client or the initial agreed deposit paid.
7). The client’s requirements must be clearly provided in the form of a written brief to Dan Haworth-Salter with at least 48 hours notice before commencement of any work.
8). Unless agreed otherwise in writing, Dan Haworth-Salter reserves the right to request 25% of the invoice as a deposit which must be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining 75% shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
9). Notice of Cancellation or Termination: Prior to commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, Dan Haworth-Salter reserves the right to make the following cancellation/termination charges. Cancellation by the client with less than 48 hours notice may result in up to 25% of total charge minus any deposit paid. Cancellation by the client prior to 48 hours notice may result in a charge being made to cover costs already incurred. Cancellation by the client when the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made. Dan Haworth-Salter reserve the right to cancel or terminate a contract if:
a). You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of Dan Haworth-Salter and anyone connected with Dan Haworth-Salter could be damaged.
10). The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Dan Haworth-Salter unless any other written agreement is reached in advance.
11). Any contract requiring Dan Haworth-Salter to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Dan Haworth-Salter, its servants or agents, as necessary.
12). A project will only be publicly released by Dan Haworth-Salter and the client once both parties (Dan Haworth-Salter and the client) approves all content as complete and satisfactory and confirms this in writing (Email is Acceptable). Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.
13). Dan Haworth-Salter reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libelous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
14). Dan Haworth-Salter 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) Act of God, 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 Dan Haworth-Salter, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
15). Dan Haworth-Salter cannot be held liable for loss or damage caused as a result of third party action or failure.
16) a. PERMITTED USEAGE: In consideration of, and subject to, the final payment of full fees due to Dan Haworth-Salter by the client, Dan Haworth-Salter hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes
16) b. RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written permission from Dan Haworth-Salter. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
17). Dan Haworth-Salter retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of Dan Haworth-Salter Productions promotional use, unless otherwise agreed in writing with the client.
18). Any confidential or proprietary information which is acquired by Dan Haworth-Salter from a client, company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Dan Haworth-Salter will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the Dan Haworth-Salter to supply of the product(s) or service(s).
19). Unless otherwise agreed in writing, the client accepts Dan Haworth-Salter decisions on creativity within the product(s) or service(s).
20). If full payment is not received within the time frame stated on the issued invoice, Dan Haworth-Salter reserve the right to remove all or any discounts offered on the original agreed quotation. These discounted amounts (in £GBP) will be invoiced separately – and in addition to the original invoice – at the discretion of Dan Haworth-Salter.
21). Payment may be made by bank transfer or cheque. All cheques must be made payable to ‘Dan Haworth-Salter’. Bank transfer (BACS) is preferred. BACS information will be issued at the point of invoice.
22). On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by Dan Haworth-Salter. Dan Haworth-Salter reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract.
23). Dan Haworth-Salter cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
24). Any claims must be made in writing to Dan Haworth-Salter within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
25). Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of Dan Haworth-Salter. Any material published that has not been fully paid for, will be copyright-claimed by Dan Haworth-Salter Productions to the publishing platform.
26). Dan Haworth-Salter reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
27). If a client takes all footage (or a copies of all footage and material) away from Dan Haworth-Salter – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. Dan Haworth-Salter will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from Dan Haworth-Salter’s media server and hard drives at any point in the future.
28). Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of Dan Haworth-Salter Productions, and copies will be given over to client at the discretion of Dan Haworth-Salter. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.