talkthetalk.tv terms and conditions

VIDEO PRODUCTION

The following terms and conditions apply to all products and services provided by talkthetalk.tv. These terms and conditions are for your protection as well as ours. Please read them carefully.

1) Copyright – talkthetalk.tv material

The copyright of all material that has been captured by talkthetalk.tv is solely owned by talkthetalk.tv and protected under UK Law. Upon completion and cleared funds, talkthetalk.tv grants the client a license (free of charge) to use the finished video production in perpetuity, universally. talkthetalk.tv reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes. Copyright of material provided by contributors, commissioned by talkthetalk.tv for the video production, remain with those contributors and they agree to grant the client a license (free of charge) to use their copyright material in perpetuity, universally. Those contributors retain the right to use their copyright material for their own promotional purposes.

2) Copyright – material provided by client

By supplying material to talkthetalk.tv for inclusion in a talkthetalk.tv production or other medium, the client declares that it holds the appropriate copyright and / or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. However, the creative edits of the production remain the property of talkthetalk.tv. The client will indemnify talkthetalk.tv against any possible future claims, disputes and expenses or similar that may arise for a third party concerning usage of such material. talkthetalk.tv reserves the right to use the final production in full or part content for promotional purposes.

3) Performers Release Usage

At all times talkthetalk.tv advises and recommends its clients to use and enforce individual release forms. talkthetalk.tv will accept no discounts or liability if the production must be re-edited due to an individual refusing permission to show their image or use their audio in whatever form.

4) Project Acceptance

At the time of proposal, talkthetalk.tv will provide the client with a written estimate or quotation by post or email. The terms and conditions will be provided with the estimate or quotation for the project. The quote is valid for 30 calendar days from the issue date. Should the estimate or quotation prove satisfactory, the client may engage talkthetalk.tv to fulfill that work detailed in that quotation by means of a purchase order and pay 50% of that estimate or quotation by return. By doing so the client agrees to talkthetalk.tv’s terms and conditions. No work on any project will commence until both a purchase order and 50% payment has been received by talkthetalk.tv.

5) Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, talkthetalk.tv will need formal notification in writing to talkthetalk.tv’s postal address. The client will then be invoiced for all work completed over and above the deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by talkthetalk.tv within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

6) Payment Terms

Our payment terms are strictly 30 days from date of final invoice. This term overrides any terms and conditions stated in a purchase order and in the event of a purchase order being placed, the client accepts this term. talkthetalk.tv reserves the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme. At the time of receiving the clients purchase order, indicating acceptance of the terms & conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until talkthetalk.tv has received this amount.

7) Insurance

talkthetalk.tv carries public liability insurance cover of £2 million pounds. Upgraded specific project insurance cover can be provided if required upon request and may incur additional cost to the client.

8) Project Duration

Any indication given by talkthetalk.tv of a project’s duration is to be considered by the client to be an estimation. talkthetalk.tv cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by talkthetalk.tv for the initial payment or by date confirmed in writing by talkthetalk.tv.

9) Charges for client Delays

Any unscheduled delays caused by the client, including but not limited to delays in providing promised content, delays in providing requested feedback or delays in approval of work done by talkthetalk.tv, that exceeds 5 working days may incur additional daily costs. If delays exceed 30 days talkthetalk.tv will consider the project complete and the project will become fully payable (100% of the quoted amount).

10) Approval and/or Amendments of Draft Footage

On the majority of projects, a first edit will be forwarded to the client for their review. This first edit may receive one set of changes only, which is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional daily rate of applicable service per part day or part thereof.

11) Project Delivery

The client will be invoiced for all work completed upon project completion; talkthetalk.tv reserves the right to withhold any and all material of the project until the balance of the monies due is paid. Once all the outstanding payments have been made, talkthetalk.tv will upload the finished production via file transfer protocol to the client. Project material will be kept by talkthetalk.tv for 3 years after payment has been made, and thereafter deleted.

12) Bad Weather

In the event of inclement weather, talkthetalk.tv reserves the right to change the date of filming to a more suitable day, if applicable. talkthetalk.tv will not allow the safety of the equipment or personnel to be compromised.

13) Aborting Filming (on shoot day)

In the event of filming being delayed or aborted due to a lack of organisation from the client, talkthetalk.tv reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.

14) Changing Filming Dates

In the event of the client wishing to change the filming date we insist on a minimum of 2 weeks notice. Failure to comply may result in the client becoming 100% liable for all costs incurred. In the event of the client changing the scheduled date within 1 week the client will be liable for 50% of the quoted amount. In the event of the client changing the scheduled date on the same day, the client will be liable for 100% of the quoted amount.

15) Equipment Substitution/Failure

In the unlikely event that talkthetalk.tv experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the director. No further claims or liability will be accepted.

16) Works Specified (as per estimate)

All works undertaken will be as per talkthetalk.tv written quotation provided in a pdf format by post or email. The client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments, or additional days of service will be charged at our daily rates. Variation of specification or deviation from the works specified quoted will be charged at our daily rates pro-rata. This includes materials provided by the client that may fall short of original specification incurring extra work.

17) Clear Access for Filming

If the client is organising filming venues, it is the client’s responsibility to ensure that talkthetalk.tv has clear access to all relevant locations required throughout the day(s). Delays in filming may incur additional charges.

18) Rates, After Hours & Billing

Should talkthetalk.tv be required to work after hours (Saturday to Sunday) an hourly rate of 1.5 times the standard rate will be charged for Saturdays and an hourly rate of 2.0 times for Sundays.

19) Applicable law

This agreement shall be governed by the laws of England & Wales. All terms and conditions stated within this document are deemed acceptable to the client upon receipt of a purchase order. All terms and conditions stated within this document override any terms and conditions from the client.

20) Variation

These terms and conditions shall not be varied except by agreement in writing.

Mark Newby-Robson
T/A
talkthetalk.tv
14 Station Road
Sudbury
Suffolk
CO102SS