These terms and conditions shall apply to the agreement between “FourFour Productions Ltd” and the” Client” applying for the provision of services by FourFour Productions Ltd.
The Client is deemed to have accepted and agreed to these Terms and Conditions by notifying FourFour Productions Ltd of their intention to commence/continue with the services provided by FourFour Productions Ltd.
The Company. Shall mean FourFour Productions Ltd.
The Client. Shall mean any Individual, business, partnership, company or charity obtaining or proposing to obtain goods or services from FourFour Productions Ltd.
Production Services. Shall mean and include the Company’s concept, design and production, animation, editing, graphics, duplication, delivery and associated activities.
The Client’s Material. Shall mean all goods of whatever description supplied by or on behalf of the Client to the Company.
Booking. Shall mean an order placed by the Client.
Contract Price. Shall mean the total price for the Production Services and shall be either an agreed fixed fee as described in clause 3a.i. below or an agreed daily rate as defined in clause 3a.ii. below.
Invoice. Shall mean the invoice or invoices sent to the Client.
Client’s Rights. Shall mean the sole and exclusive right and license to use the Production Services for which the Production Services are provided.
Company’s Rights. Shall mean;
A. The right to include the Production Services supplied or any part thereof in the Company’s promotional portfolio and/or showreel either as a hard copy and/or DVD format, and/or on the Company’s website.
B. The right to use or authorise the use of the Production Services or any part thereof for any use other than the purpose for which the Production Services are provided.
2. OBLIGATIONS of the CLIENT
A. The Client warrants that:
i. the copyright in the Client’s Material is vested in the Client and that any service provided by the Company will not give rise to any breach of copyright;
ii. the Client’s Materials are free from and do not contain any defamatory, criminal, pornographic or actionable matter;
iii. the Client has paid or will pay when demanded all royalties whether in respect of mechanical copyright, or otherwise which arise in respect of any material supplied by the Client or in respect of any goods or services supplied by the Company or the Client.
iv. All liability for National and International copyright, broadcasting and licensing laws with regard specifically to fonts / effects / image, audio and footage royalties / model releases etc and all elements and overall creative usage are the sole legal responsibility of the Client.
B. The Client will be responsible for insuring the Client’s Material and accordingly the Company will accept no liability in respect of loss or damage howsoever arising to the Client’s Material.
C. The Client agrees to indemnify the Company against any claim that may be made against the Company by any third party in relation to any rights in the Client’s Material and against any other claim, actions or proceedings arising from the said material; together with the Company’s costs and expenses incurred in relation to any claim, action or proceedings as aforesaid.
D. The Client agrees to provide any requested feedback in a period of less than 7 (seven) days.
A. The Company shall provide to the Client a descriptive written price quotation for the Production Services in one of the following formats:
i. An agreed fixed fee for a well defined piece of work that includes a maximum number of iterations of client feedback.
ii. An agreed daily rate, provided however that if any estimate is given by the Company as to the number of days for which the Production Services are likely to be required, such an estimate is given in good faith and it is given on the basis that the Production Services may in fact be required for a greater or lesser number of days and the Contract Price will vary accordingly.
B. A written quotation shall stand for 30 days from the date of issue.
A. A Booking for the Production Services will be considered accepted on receipt by the Company from the Client of a duly authorised Purchase Order or any written instruction to proceed.
B. The Company reserves the right to refuse to accept any variation or cancellation of Booking unless such variation or cancellation has been accepted in writing by the Company.
A. If notice of cancellation of a Booking is received by the Company less than 5 (five) working days prior to the scheduled start time, the booking will be charged at the full Contract Price.
B. A cancellation by the Client of an accepted Booking can only be effective if given in writing by the Client.
A. The Company reserves the right to require the Client to make a part payment on the acceptance of a Booking. On acceptance of the Booking an invoice specifying such payment shall be raised. In the event the Client fails to make such payment as specified then the Company shall be entitled at its sole discretion to relegate the Booking to that of provisional status only.
B. Where the Contract Price is quoted in stages then each such stage shall be an individual contract under these conditions and the Company shall be entitled to be paid 100% of the fee agreed for each stage at the specified times and each stage shall be a separate cost commitment.
C. The Client agrees to make payment for the Production Services by payment of invoice within 14 days of the invoice date. All payments shall be made by cheque or bank transfer.
D. If payment is not made on the due date FourFour Productions Ltd shall be entitled without limiting any other rights it may have to charge interest on the outstanding amount (both before and after any judgement) at the rate of 5% above the base rate of HSBC Bank PLC from the due date until the outstanding amount is paid.
7. FORCE MAJEURE
The Company warrants that it will use its best endeavours to keep safe the Clients ongoing work so as to prevent data loss but the Company shall bear no liability for loss, theft, damage or delay howsoever arising caused by circumstances outside its control and/or hardware/storage failure. In no event will the Company be liable to the Client for any indirect or consequential loss or damage whatever (for example but not limited to loss of business, loss of opportunity, loss of profits).
8. DATA STORAGE
After the Production Services are completed, work delivered in the desired format(s) and Client payment has been received, the Company will endeavour to – but is under no obligation to keep hard copy or data back ups of the work created.
The Company does not agree to provide any insurance whatsoever with respect to any risks that might arise out of the Client’s use of the Production Services and the Client must assume the responsibility in respect of any consequential risks and /or loss.
10. RIGHTS DELIVERY
A. Subject to payment in full of the Contract Price by the Client, the Company if requested, shall deliver to the Client a set of Masters in agreed format(s) and shall grant to the Client the Client’s rights.
B. The Company shall be the sole and unencumbered owners of the Company’s Rights provided however that the Company shall not allow or authorize any third party to use the Production Services for any purpose other than the permitted use.
No responsibility or liability shall be accepted for any errors not corrected by the Client.
Alterations/amendments and additional work necessitated thereby shall be charged extra.
No license to use any part of the Production Services is given until payment is made in full. Therafter work undertaken on the Clients instruction becomes the property of the Client. This will not effect the Company’s Rights.
The Company warrants that it will use its best endeavours to preserve the confidential information of the Client.
13. PROPER LAW
The Proper Law shall be English Law and the parties agree to submit in the case of any dispute to the exclusive jurisdiction of the English Courts.