Video Production T&C's
1. READ HERE
- iDirectproductions expects 50% of final payment on signing of the contract and the final 50% on completion of production. Product will only be delivered once final payment has been received and cleared. On video productions including animation this will apply only to finished product as per agreed delivery method, but not project files and folders.
- Payment by bank transfer or cheque. Details available on request.
- All cheques must be made payable to iDirectproductions
- Client is responsible for all expenses incurred during all stages of a production. Including but not exclusively: transport, food, accommodation, equipment hire, communication costs and media.
- On delivery of final product copyright will be transferred to the client, yet iDirectproductions will retain the right to use all approved footage for their own promotional purposes. This may exclude any third party material (e.g. Music).
- The customer’s requirements must be clearly provided to iDirectproductions in writing before commencement of work. Any subsequent changes must also be provided in writing and then approved by iDirectproductions and may incur further cost.
- iDirectproductions reserves the right to use all works created by iDirectproductions in a promotional capacity across various platforms and to include in the iDirectproductions portfolio.
- A video programme will only be publicly released by iDirectproductions once the customer approves all content as complete and satisfactory and confirms this in writing.
- A customer may terminate the contract at any time by written notice of termination. When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by iDirectproductions unless any other written agreement is reached in advance.
- iDirectproductions 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 libellous, defamatory or illegal.
- iDirectproductions 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.
- E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes as long as it is acknowledged with a response.
- Any confidential or proprietary information which is acquired by iDirectproductions 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.
- Any contract requiring iDirectproductions 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 iDirectproductions. If iDirectproductions deem them not to of been so then iDirectproductions cannot be held responsible for failing to meet a deadline.
- iDirectproductions office hours are 9.30 a.m. to 5.00 p.m. Monday to Friday unless notified otherwise.
- Any claims must be made in writing to iDirectproductions 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.
- iDirectproductions 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 iDirectproductions elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Live AV Production T&C's
1. Definitions - In the ContractThe following terms have the following meanings: "Contract" means the Contract between the Owner and the Hirer consisting of these Terms, the Quotation and/or the Delivery Docket. "Delivery Docket" means the document received by the Hirer when the Goods are being delivered to or collected by the Hirer. "Existing Customer" means a person, firm or company who has traded with the Owner within the previous two years. “Fees” means those charges as set out in the Quotation comprising both the Hire Charge and the Service Charge. "Goods" means the goods and equipment being hired by the Hirer from the Owner as specified in the Quotation and/or the Delivery Docket. "Hirer" means the person, firm or company who hires or agrees to hire Goods from the Owner. The Hirer shall be identified in the Quotation or the Delivery Docket, as the hirer of the Goods. “Hirer Materials” has the meaning set out in clause 7.4.9. "Hire Charge" is the sum payable by the Hirer to the Owner for the hire of the Goods for the Period of Hire. Hire charges include delivery charges and cancellation charges, where applicable. Value Added Tax will be payable on the Hire Charge at the applicable rate. "New Customer" means a person, firm or company who has not traded with the Owner within the previous two years. "Owner" means Greg Manahan T/A I Direct Productions , 50 Woodley Park, Goatstown, Dublin 14 and I Direct Live Limited 50 Woodley Park, Goatstown, Dublin 14. "Period of Hire" means the period commencing on the receipt by or delivery to the Hirer of the Goods ending when the Goods have been returned to or collected by the Owner. "Quotation" means the quotation for the hire of the Goods, (together with the provision of the Service, where applicable) issued by the Owner and accepted by the Hirer. "Service" means the provision of the Owner's personnel for the operation and assembly of the Goods at the Site."Service Charge" is the sum payable by the Hirer to the Owner for the provision of the Service .Value Added Tax will be payable on the Service Charge at the applicable rate. "Site" means the Hirer's premises or the venue nominated by the Hirer to which the Goods are to be delivered for the Period of Hire. "Terms" means these terms and conditions of business.
3. Payment3.1. Any Hire Charge not exceeding €500 (including any applicable VAT) must be paid in full and in advance of delivery or collection of the Goods by the Hirer. 3.2. All New Customers, located in the Republic of Ireland, must pay the Hire Charge and any Service Charge in advance of delivery or collection of the Goods by the Hirer. 3.3. Subject to clause 3.1, all Current Customers located in the Republic of Ireland must pay the Hire Charge and any Service Charge strictly within 30 days from the date of the invoice. 3.4. Subject to clause 3.1 above, all customers located outside the Republic of Ireland must pay 50% of the Hire Charge and any Service Charge upon booking the Goods and must pay the remaining 50% in advance of receipt of delivery of the Goods or collection of the Goods by the Hirer. 3.5. The Hirer will be liable for Interest on late payments of any amount due pursuant to these Terms at a rate of 4% per annum above EURIBOR accruing daily. The Hirer shall indemnify the Owner against costs incurred in collecting late payments from the Hirer. 3.6. Credit card payments will incur the then applicable additional charges, which as at June 2011 are Amex 3.95%, Visa/MasterCard 2.5%. These charges may vary
4. Price of Hire4.1. Hire Charges and Service Charges will be set out in the Quotation and/or the Delivery Docket. Hire Charges and Service Charges are shown in EUROs and are subject to VAT at the current rate. 4.2. Hire Charges are for the duration of the Period of Hire, including Saturdays, Sundays, Bank Holidays, Public Holidays and Good Friday. 4.3. In the event of cancellation of the Contract (for whatever reason) after the Goods have been dispatched a cancellation charge of 50% of the Hire Charge and any Service Charge (as specified in the Quotation or Delivery Docket, whichever is applicable) will become payable by the Hirer. In the event of cancellation of the Contract (for whatever reason) after the Goods have been set upontheSiteacancellationchargeof100%of the Hire Charge and any Service Charge (asspecifiedintheQuotationorDeliveryDocket,whicheverisapplicable)willbecomepayablebythe Hirer. For the avoidanceofdoubt,noFeeswillbepayableintheeventofcancellationoftheContractpriortothedispatchoftheGoods. 4.4. The agreed Period of Hire shall be set out in the Quotation and/or Delivery Docket. Any extension to the agreed Period of Hire must be authorised by the Owner in writing. Additional charges must be paid for in full. 4.4. Delivery charges are payable by the Hirer and will be detailed in the Quotation and/or Delivery Docket. Any other expense incurred by the Owner recovering the Goods will be charged to the Hirer. 4.5. It is the client's responsibility to ensure the allocated set-up and derig times is confirmed with the venue. Any reduction in access/derig times from proposed allocated time in I Direct's quotation will be subject to an increase in technician charges. 4.6. Any IT installations, such as Laptops, Printers, Scanners or Network Hubs are an estimated time based on our experience. However, due to unforeseen circumstances, the installation time can increase. This will lead to additional costs on set-up. This can occur , but not limited to Hirer's internal computer security settings; room/venue access delays; availability of Hirer's laptops for configuration or Hirer not arriving at agreed set -up time.
5. Delivery and Inspection5.1. Unless the Goods are being collected by the Hirer, the Goods will be delivered by the Owner to the Site.
6. Hirer's Responsibilities6.1. The Hirer shall provide such information as the Owner may reasonably require in order for it to perform its obligations as set out in these Terms. 6.2. The Hirer agrees to pay the Fees in accordance with these Terms. 6.3 IntheeventthatthereisabreakdownortheoperationoftheequipmentisnottotheHirer'ssatisfactionduringthePeriodofHirethismustbebroughttotheattentionoftheOwner immediately.TheHirershallnotcarryout orcausetopermittocarryoutanyrepair,oralterationunless theyhavetheauthorisationoftheOwnerinwriting.
8. Retention of Title and Risk8.1. Title to the Goods shall not pass to the Hirer. All the Goods remain the absolute property of the Owner. The Hirer undertakes not to sell, offer to sell, assign, mortgage, charge, pledge, or underlet, lend or otherwise deal with the Goods, nor allow any lien to be created on the Goods. 8.2NothwithstandingClause8.1theriskoflossand/ordamagetotheGoodsshallpasstotheHirerfromdeliveryuntiltheGoodshavebeenreturnedtoandor/collected bytheOwner.It is the responsibility of the Hirer to insure all the Goods hired for all risks arising during the Period of Hire and the Hirer shall procure that the Owner 's interest in the Goods is noted on such policy of insurance.
9. Limits of LiabilityThe Hirer's attention is specifically drawn to this Clause and the Hirer acknowledges that the limits contained in this Clause are reasonable having regard to the subject matter, provisions and value of the Contract. 9.1.ThisclausesetsouttheentirefinancialliabilityoftheOwner(itsemployees,agentsorsub-contractors)totheHirerinrespectofanybreachof thisContractoranyrepresentation, statement or act or omission including negligence arising in connection with the Contract and its performance. 9.2. The Hirer acknowledges that the Goods are being hired for its business or trade. The Hirer represents to the Owner that it is not dealing with the Owner as "a consumer" within the meaning of that term in the Sale of Goods and Supply of Services Act, 1980 or the European Community (Unfair Terms and Consumer Contracts) Regulations,1995 (SI No. 27/1995). 9.3. Notwithstanding any Term in this Contract, neither party shall be liable to the other party for any indirect, incidental, special or consequential loss or damage of any nature whatsoever (including but not limited to loss of profits, loss of use or business opportunity) and howsoever arising or for any loss or damage arising out of any failure by the Hirer to properly operate the Goods during the Period of Hire. 9.4. Either party’s total aggregate liability in contract, tort, or otherwise for any and all claims (except in cases of death or personal injury) shall be limited to the Hire Charge and Service Charge as specified in the Quotation or Delivery Docket (whichever is applicable). 9.5 The Owner shall keep the Hirer indemnified in full against all costs, expenses, damages and losses incurred or paid by the Hirer as a result of or in connection with any act or omission of the Owner, its employees, agents or subcontractors.
10. Force MajeureThe Owner shall not be liable for any breach, non-performance or delay in the performance of the Contract resulting from war, civil commotion, strikes, lock-outs, mechanical or electrical breakdown, floods, storms, acts of God or the public enemy, restrictions or restraints of Governmental Authorities whether national or local or any supervening event or any cause whatsoever beyond the Owner's control (Force Majeure Event). If a Force Majeure Event arises then the Owner shall be entitled at its sole option to cancel the Contract or to seek an agreed extension of time for performance of the Contract on the conclusion of the Force Majeure Event.
12. Termination12.1. Either party (without prejudice to any antecedent rights) may terminate the Contract in the event of a material breach that has not been remedied within 14 days following notice or which cannot be remedied. 12.2. Either party (without prejudice to any antecedent rights) may terminate the Contract if the other party convenes a meeting of its creditors, appoints a receiver, manager or liquidator or convenes a meeting for such a purpose. 12.3. The Owner (without prejudice to any antecedent rights) may terminate the Contract if the Hirer fails or refuses to discharge any outstanding sums due to the Owner at the time of delivery or collection of the Goods by the Hirer and shall be entitled to the applicable cancellation charge stated in Clause 4.3
13. Governing Law and JurisdictionThe Contract shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland.
14. ConfidentialityA party(ReceivingParty) shall keep instrict confidence all intellectual property to include technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or services which the Receiving Party may obtain.Your Content goes here
15. WaiverNo waiver, forbearance, delay or indulgence by either party in enforcing any of its rights hereunder shall prejudice its ability to enforce such rights.
16. General Provisions16.1. The headings to the clauses are for ease of reference only and will not affect the interpretation or construction of the Contract. 16.2. The reference to any Statute, Statutory Instrument, Order or Regulation shall include any amendment thereto. 16.3. In the event that either party is required to give consent to the other such consent shall not be unreasonably withheld or delayed. 16.4. If any of the terms herein are held to be invalid or unenforceable under any applicable law then it shall be severed from the remainder of these terms which will continue to be valid and enforceable to the fullest extent permitted by law.
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