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Telford Multimedia Limited
~ Telford Disco Limited ~
Telford Karaoke Limited ~ Telford Video
Limited |
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Both parties agree that these
Terms and Conditions form part of a Contract Agreement between the
first party Telford Multimedia Limited, hereafter called "the
Videographer/Photographer" and the second party i.e. the
person/persons booking the Media services, hereafter called "the
Client". It is also agreed that no subsequent changes or
modifications will be made to the Contract without the agreement in
Writing of both parties. |
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INTERPRETATION |
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In these
Conditions: |
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"Conditions"
Means the terms and conditions of trading set out in
this document and (unless the context otherwise requires) includes
any special terms and conditions agreed in between the
Videographer/Photographer and the Client. |
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"the Contract"
Means the Contract form for the supply of the
Services upon the Conditions which shall override in consistent
terms implied by trade custom or practice or previous dealings or
any contrary or additional terms contained or referred to in the
Client's order form. |
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the Edited Sub-Master"
Means the Media used in recording, editing
and production by the Videographer/Photographer from the Master
Material. |
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"the Event"
Means the event described overleaf and/or on the
Confirmation/Invoice. |
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"the Finished Media"
Means the Media used containing the recording copied
onto another Media by the Videographer/Photographer from the
Sub-Master. |
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"the Intermediate Master or Materials"
Means any Media recording produced by the
Videographer/Photographer between the recording of the Master
Material and the presentation to the Client of the Finished Media. |
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"the Master Material"
Means the Media recordings of the event taken by the
Videographer from which the Edited Sub-Master is created by the
Videographer/Photographer. |
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"Services"
Means the provision of the Finished Media of the
Event by the Videographer/Photographer including attendance at the
event and recording of the Event in accordance with the Conditions. |
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"in Writing"
Includes telex cable facsimile transmission, and
comparable means of communication. |
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The headings in the Conditions are
for convenience only and shall not affect their interpretation.
Where any party is more than one person any obligations of that
party shall be joint and several obligations. |
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PRICE AND DEPOSIT |
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The price for the services
includes preparation prior to the Event, attending the Event,
recording the Event and creating editing and producing the
finished video cassette/DVD or photographic media and presenting
to the Client the number of copies of the Finished Media
specified on the Confirmation/Invoice. An additional charge
will be payable for each copy of the Finished Media.
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A deposit shall be payable by
the Client on booking. The deposit shall be £100.00 unless set
out otherwise on the Confirmation/Invoice. Because of the
difficulty in obtaining replacement bookings this deposit will
not be refunded if the Client cancels or purports to cancel the
Contract.
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The Videographer/Photographer
may invoice the Client for the Price or any other sums due under
the Contract to be paid 30 days or one calendar month prior to
the Event. If the Client fails to make any payment on the due
date, then without prejudice to any other rights available to
the Videographer/Photographer, the Videographer/Photographer may
refuse to provide service and cancel the contract or any other
Contract with the Client and claim damages from the Client for
breach of Contract, charge the Client interest both before and
after any judgment on the amount unpaid at the rate of 4% above
the bank base rate of National Westminster Bank Plc for the time
being on a day to day basis until payment in full is made. Such
interest to be calculated from the date of the event.
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The price (unless otherwise
stated) is inclusive of any applicable VAT or like taxes or
other duties that the Client shall be additionally liable to pay
to the Videographer/Photographer.
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THE VIDEOGRAPHER`S/PHOTOGRAPHER’S RIGHTS |
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The Videographer/Photographer shall:- |
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Have reasonable artistic
license in regard to scenes, poses, locations, editing and
production etc. as applicable. The judgment of the
Videographer/Photographer will be deemed correct. Whilst some
guests may wish to make a personal Videographic/Photographic
recording of the event the Videographer/Photographer may insist
they stop making such recordings if they become intrusive or
distracting or form any nuisance or hindrance to the
Videographer/Photographer.
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INTELLECTUAL PROPERTY |
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All intellectual property
including property right in or concerning the Master Materials,
Edited Sub-Master, Intermediate Masters or Materials, the
recording stored on the Finished Media and any packaging of any
Media belongs absolutely to the Videographer/Photographer. No
copying or reproduction other than by the
Videographer/Photographer is allowed without the written
permission of the Videographer/Photographer. The
Videographer/Photographer may make reasonable use of some of the
Edited Sub-Master, Master Materials and Photographic Materials
for samples for display or advertising purposes unless otherwise
agreed.
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The Edited Sub-master shall be
retained by the Videographer/Photographer for not less than
three years from the Event but copies will be obtainable for a
period of 18 Months after the event at the price quoted by the
Videographer/Photographer.
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CLIENTS RIGHTS |
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Once presented by the
Videographer/Photographer with the Finished Media the Client
owns only the right to show the Photographic content or Video
Recording stored on cassette/DVD or any other presented media
but dose not have any right to copy that recording from the
Media itself but has the unlimited use of that Media. The
Videographer/Photographer accepts no liability for any loss or
damage caused to the Finished Media.
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Your statutory rights are not
affected by the Conditions.
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STANDARDS AND
EXCLUSIONS |
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The Videographer/Photographer
shall At all times strive to maintain the highest standard of
workmanship and artistic ability and work within the reasonable
terms set by the client or by any Official or person possessing
the correct and legal authority to set limitations or
restrictions. The Videographer/Photographer shall not be
responsible for non-fulfilment of the Contract if restricted by
unreasonable limitations.
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The Videographer/Photographer
shall carry out the assignment with all proper respect and
decorum for the environment and surroundings, causing the
minimum of distraction and disturbance necessary to achieve a
satisfactory recording.
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The Videographer/Photographer
shall comply with the standard of dress and conduct appropriate
to the occasion in which they are working.
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The Videographer/Photographer
shall endeavour to provide a pleasing colour and sound balance,
but cannot guarantee exact colour matching as seen by the human
eye, due to lighting conditions on the day and other variables
beyond the Videographers/Photographer control.
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The Videographer/Photographer
shall not be obliged to bring or erect his own sources of
lighting.
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The Videographer/Photographer
shall not be required to attend a rehearsal of the event unless
otherwise agreed at the time the Contract is made. It is the
client’s responsibility to ensure that the
Videographer/Photographer is aware of anyone not wishing to be
filmed, photographed or included in the Media presentation.
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The client is responsible for
ensuring that any Media supplied by the
Videographer/Photographer is compatible with the player it is
intended for, and it is also the client’s responsibility to
acquire any recording licences required and a copy supplied to
the Videographer/Photographer before the event unless otherwise
agreed to at time of booking.
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The Videographer/Photographer
will not tolerate violent, aggressive or abusive behaviour from
anyone under any circumstances. The Videographer/Photographer
reserves the right to terminate services immediately if it is
deemed a staff member’s safety is at risk.
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CANCELLATION |
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The Contract is subject to
alteration or cancellation by the Videographer/Photographer if
the production is subjected to any cause or non-compliance or
failure beyond his control.
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In the unlikely event of a
Videographic/Photographic failure (equipment—media etc) or
cancellation of the contract by the Videographer/Photographer
any liability of the Videographer/Photographer to the Client
will be restricted to a full refund of all monies paid. The
Videographer/Photographer will not be liable for any
consequential loss howsoever caused.
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The Client may cancel the
contract only in Writing on any date prior to the date of the
Event. If notice of cancellation is received by the
Videographer/Photographer before the Event the
Videographer/Photographer may charge a cancellation fee on the
following sliding scale only if the Videographer/Photographer is
unable to arrange an alternative booking on the date of the
Event and if any retained deposit does not adequately compensate
the Videographer/Photographer. 50% of the agreed fee if
cancelled less than 6 months prior to the wedding date. 100% of
the agreed fee if cancelled within 12 weeks of the event.
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The Client may not cancel the
contract on or after the date of the Event and if the Client
purports to do so the Videographer/Photographer may make a
charge to reflect all work done up to the date of invoice.
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GENERAL |
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If any provision of these
Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the
provision in question shall not be affected thereby.
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The contract shall be governed
by English law.
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© 2009 Telford
Multimedia Limited all rights reserved |
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Telford Multimedia
Limited |
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Registered in England and Wales No. 6901691 |
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Registered Office: |
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43 Deercote,
Hollinswood, Telford, Shropshire, TF3 2BJ. |
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© 2009 Telford
Multimedia Ltd. Copying in part or whole from this website is
strictly prohibited. All Rights Reserved. |
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Trading names registered in England
and Wales: |
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Telford Karaoke & Disco,
Telford Disco Ltd. (No. 7496461)
Telford Karaoke Ltd. (No. 7496486) Telford Video Ltd. (No.
7496469)
All Rights Reserved. |
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