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1. Interpretation 1.1. In these conditions the following words and phrases have the following respective meanings:- Client: the person named as the Client on the contract. Company: Global Filmmakers Limited registered number 08036086 whose registered office is at Rookery View, Pexhill Road, Henbury, Cheshire, SK11 9PY Copyright: copyright in all media supplied by the company for the use of the Client; Deposit: the sum confirmed as being the Deposit Film: the film promoting the Client's business to be produced by the Company and uploaded by the Company onto the Internet and to be accessed by the QR Code; Instalments: the balance of the price payable by a standing order of your signed contractual agreement QR Code: the code required to facilitate smart phone access to the Film; Price: the price agreed between the Company and the Client for the supply of the services; Services: the production of the Film the licensing of the Copyright in the Film and the provision of the QR Code. 1.2. In these Conditions: 1.2.1. any reference to the Company means and includes any successor to the business of the Company and/ or any assignee of the Company to who the benefit of the Contract may be assigned by the Company; 1.2.2. The singular includes the plural and the masculine includes the feminine and neuter; 2. Commencement 2.1. Subject to condition 2.2. this contract shall have effect on the signing of this agreement by representatives of the Company and the Client; 2.2. Where special terms have been separately stated, the Company shall be entitled to rescind this agreement and refund any deposit paid by the Client by notice in writing to the Client served at any time before the fifteenth day after the date of the Contract. 3. Deposit 3.1. The Deposit shall not be refundable where the Client either cancels or refuses to perform its obligations under the Contract irrespective of the level of performance of its obligations undertaken by the Company; 4. Instalments 4.1. The balance of the price for the services is due by your signed contractual agreement instalments intended to be collected by standing order. 4.2. The Client remains liable for the instalments notwithstanding the Client's cancellation of any relevant bank mandate or failure of the banking system or breach by the Client of the provisions of this agreement; 4.3. When any instalment is unpaid seven days after the due date all instalments then outstanding shall become immediately due and payable on demand and shall together with interest at the Statutory Rate calculated from the date of the default be recoverable by action in the County Court. 4.4. The Client remains liable for all the Instalments notwithstanding that this agreement is terminated either by the Client or on account of the Client's breach by the Company. 4.5. If for whatever reason the Client has had to delay the shoot or final edit, the total Contract value shall become due for payment no longer than four months from the date of this contract. 5. Company's Obligations 5.1. Subject to due performance by the Client of its obligations to the Company, pursuant to this agreement, the Company in consideration of the Price, shall provide: 5.1.1. the Film; 5.1.2. the QR Code; 5.1.3. the Licence of the Copyright in accordance with but subject to the provisions of condition 8. |
6. Video Production & Delivery Policy An upfront deposit payment equivalent to at least 30% of the quoted price must be paid for the video service prior to the commencement of the video production service. Once the deposit payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 7 working days to confirm a date and time for their phone consultation with the filmmaker. Once the video has been shot, the first edit for review will be provided within 14 - 21 working days unless otherwise communicated. Once approved by the client, the final edit of the video file is converted to MP4 format and made available to the customer within 14 working days from the date of approval, unless otherwise communicated by us. 7. Client's Obligations 7.1. The Client shall provide the Company on a timely basis with clear instructions on the intended content of the Film and supply any artwork logograms and other devices the Client requires to be included in the Film; 7.2. The Client shall at all times provide complete and accurate answers to all reasonable requests which the Company shall make for information in connection with the production of the Film; 8. Copyright Licence 8.1. Copyright in the Film and the QR Code shall at all times remain vested in the Company; 8.2. At all times during the period whilst any Instalment remains outstanding the Client shall be entitled to a royalty free licence of the Copyright subject to all instalments then due and owing to the Company having been paid or secured to the satisfaction of the Company; 8.3. Upon the Client having paid the whole of the amounts due to the Company in respect of the Deposit, the Instalments and any Supplementary Charges, the Client shall be entitled to a fully paid exclusive licence of the Copyright in the Media; 8.4. Notwithstanding condition 8.3 the client hereby grants the Company permission to use selected excerpts of the Media in promotional material used by the Company to promote its own business as a producer of promotional films. 8.5. The Client is wholly responsible for the permission of individuals who appear in their film. 9. Control of QR Code 9.1. Until all monies owed to the Company have been paid in full the Company shall be entitled to disable the QR Code so that it will not access the Film at any time when the Client is in breach of its payment obligations to the Company including any obligations arising under section 10 below. 10. .tel Mobile Website 10.1. The Company shall secure the .tel domain, create and manage the site free for the first 12 months only, after which a small annual management fee will apply. 11. Supplementary & Cancellation Charges 11.1. The Company shall be entitled to raise supplementary charges against the Client as follows: 11.1.1. for requiring rescheduling of filming on too short (less than 24 hours) notice to allow the production team opportunity to use the time for an alternative use - £250/E300 11.1.2. for registration of any default by the Client in payment of any sum due hereunder to the Company - £30/E50 11.1.3. for amending any script already approved by the Client - £30/E50 11.1.4. for processing any amendment to the Contract requested by the Client whether or not accepted by the Company - £50/E75 12. Refund Policy 12.1. No refunds will be issued after the video has been approved by the customer and delivered to the end user, who is responsible for understanding the terms and conditions upon purchasing. However, if a customer finds a technical or grammatical error in the video, they can contact us at enquiries@globalfilmmakers.com and we will rectify any errors and provide the corrected video file to the customer within 72 hours. The notification of error in relation to the video needs to be made by the customer within 1 week of receipt of the video file. Any further queries can be submitted and will be answered at the Company's discretion. |
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