H
R Visuals. Terms and Conditions of Contract
As at 1st January 2007
1. Unless agreed otherwise in writing, 50% of the invoice
as a deposit must be paid after terms of contract are
agreed and at least 14 days prior to commencement of
work. The remaining 50% shall be payable on completion
of the video or multimedia project. In relation to specific
contracts, these figures or terms may be varied as set
out in the respective contract.
2. For invoices over £1000 sterling H R Visuals.
will issue an invoice for payment as each sum becomes
due, to be paid within 21 days of the date of that invoice.
3. For invoices under £1000 sterling H R Visuals
may require payment upon completion of transfer of goods
or services to the purchaser.
4. H R Visuals’ fees shall be exclusive of disbursements
and expense items related to the agreed program such
as messenger services, postage, overseas telephone charges,
colour photocopying, photography and prints, disk or
tape duplications, creation of audio and video streaming
files, travel accommodation, subsistence, fax charges
and similar items which will be invoiced to the client
on the relevant project, or separately as necessary.
5. If payment is not received within 21 days of the
invoice date, H R Visuals. will automatically charge
interest at a rate of 8% per annum, which will be added
to the customer’s account.
6. Payment may be made by bank transfer, cheque or cash.
7. All cheques must be made payable to H R Visuals.
8. The customer’s requirements must be clearly
provided to H R Visuals. in writing before commencement
of work and subject only to one set of minor alterations
thereafter.
9. Major alterations to a project, not agreed prior
to the commencement of work, must be made subject to
a further written agreement.
10. A video program or multi media project will only
be publicly released by H R Visuals. once the customer
approves all content as complete and satisfactory and
confirms this in writing.
11. A customer may terminate the contract at any time
by written notice of termination.
12. When a customer terminates the contract, they will
remain liable to pay in full for all work previously
undertaken and in progress by H R Visuals. unless any
other written agreement is reached in advance.
13. Any monies (excluding the deposit) held on account
and unused will be returned subject to a 5% administration
charge.
14. H R Visuals. 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.
15. Should such a submission occur, the customer will
be advised which information was deemed unsuitable,
and requested to amend the information. If the customer
can show good reason to use the "unsuitable"
information, its inclusion may be considered.
16. H R Visuals cannot be held liable for loss or damage
caused as a result of third party action or failure.
17. The client shall provide appropriate security arrangements
for any filming outside of the United Kingdom for which
H R Visuals provides crew or equipment and such arrangements
shall be notified to H R Visuals in writing in advance
of travel to that jurisdiction.
18. H R Visuals cannot be held liable to any party for
any errors on any medium after the customer has agreed
in writing that the content is correct and accurate
and should be posted, published or broadcast.
19. Customer contracts may be modified by agreement
in writing at any time to add or delete services to
better fit the customer’s needs.
20. 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.
21. E-mail correspondence shall be sufficient to prove
changes to agreements for the form and content of programs.
22. H R Visuals will not commence work on any project
until a signed purchase order or equivalent signed document
has been provided by the client.
23. In consideration of, and subject to, the final payment
of full fees due to H R Visuals by the customer, H R
Visuals hereby assigns to the customer with full title
guarantee all the present and future copyright and other
intellectual property rights howsoever arising in the
content.
24. Any confidential or proprietary information which
is acquired by H R Visuals 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, H R Visuals will sign and adhere to the conditions
of any Confidentiality Agreement used by the client.
25. Any contract requiring H R Visuals 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 H R Visuals Ltd., its servants or agents, as necessary.
26. H R Visuals office hours are 9.00 a.m. to 5.00 p.m.
Monday to Friday unless notified otherwise.
27. Any claims must be made in writing to H R Visuals
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.
28. Should the customer have cause to make any complaint
about service or programs the complaint, if put in writing,
will be acknowledged by H R Visuals within 14 days and
a detailed reply will be issued to the customer within
a further 28 days thereafter. In cases of complaint,
all relevant work together with invoice and original
materials should be returned to H R Visuals.
29. H R Visuals 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 H R Visuals, elect to terminate
the contract and pay for work done and materials used
but subject thereto shall otherwise accept delivery
when available.
If you would
like to speak to us regarding your media project, call
us on 01275 859687 or email
us here. |