INTOUCH PRODUCTIONS - Terms & Conditions
1) Introduction. This contract is formed between yourself (referred to in the Terms & Conditions as "the customer") & Intouch Productions once the Booking Fee (min deposit of 50%) has been received. The Product or Service shall mean any product or service that is provided by Intouch Productions to the Customer. These conditions do not affect your statutory rights.
2) Supply. Intouch Productions agrees to supply the product(s) or service(s) to the Customer as detailed in the Proposal/Order and according to the terms and conditions of this contract.
3) Rights Reserved. Should Intouch Productions choose not to enforce any or all of these conditions. It should not be interpreted as a waiver of any of the Company’s rights. By providing Intouch Productions with an Order, the Customer accepts these terms and conditions.
4) Payment. Intouch Productions shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. Title in the goods or services shall remain with Intouch Productions until full payment has been received, unless otherwise stipulated in the Order.
5) Health & Safety. Intouch Productions & the Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
6) Creative Brief. Unless otherwise agreed, the Customer accepts Intouch Productions decisions on creativity within the product(s) or service(s).
7) Booking Fee/Cancellation. Monies paid by the Customer to reserve the product(s) or service(s) of Intouch Productions will be accepted as a Booking Fee. If the Customer cancels the order less than 1 Month prior to Intouch Productions supplying the product(s) or service(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid. If the Customer cancels their order more than 1 Month prior to the Company supplying the product(s) or service(s), they shall be entitled to the reimbursement of the Booking Fee.
8) Liability. Intouch Productions accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of Intouch Productions being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9) Copyright. Unless otherwise stated in the Order, Intouch Productions retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. Permission is to be obtained before the delivery of any video content on the web by the customer. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to Intouch Productions to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks, locations and music. Intouch Productions retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. Music supplied by the customer to Intouch Productions for use in their production must be original and legitimately owned, Intouch Productions accepts no responsibility for any breach in copyright for customer supplied music. The Customer agrees to indemnify Intouch Productions in the event of any breach of copyright claims being brought against them in respect of material supplied by the Customer.
10) Data Protection. The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of Intouch Productions supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection. Intouch Productions reserves the right to use extracts from the finished production for publicity purposes on the Intouch Productions website, third party websites, any social media forums. The client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded.
11) Care and Damage to client property. Whilst every care is taken in the handling of the Customer’s property, Intouch Productions accepts no responsibility whatsoever for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of them. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
12) Right of Assignment. Intouch Productions retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
13) Confidentiality. Unless otherwise agreed Intouch Productions will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by Intouch Productions to supply of the product(s) or service(s).
14) Customer Material. Intouch Productions retains the right to destroy all customer video material upon handover of the final product(s) or service(s). Intouch Productions accepts no liability for loss or damage of product(s) or service(s) once handed over to the customer. Intouch Productions accepts no liability for loss or damage of customer personal property given to aid productions e.g. music CDs.