Terms and Conditions – Era Video Productions
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Terms and Conditions

DEFINITIONS
  1. The “provider” shall be Stephen Brown t/a Era Video Productions and/or employees/agents representing the provider.
  2. The “customer” shall refer to:
  3. The person or persons booking or ordering the services of the provider, or;
  4. In the case of a limited company, the company registered pursuant to the Companies Act 2006 (or any other enactment or legislation introduced as a supplement or consolidation thereof).The “event” shall refer to the occasion, ceremony, conference, reception, location and any other duty to which the customer has tasked the provider to provide services.
  5. “Service” or “services” shall encompass (but not be limited to): filming of events, provision and utilisation of editing facilities, conversions of all types, production and copying.
  6. The “product” shall be the digital or disc based media produced or created as a result of the service.
  7. The “vendor” or “vendors” shall include (but not be restricted to) any and all third parties providing goods, services, hosting, planning or be a third party in any other way associated with their own independent services/product(s) provided to the customer, either directly or indirectly, at all times before, during and after the event.
  8. The “material” shall refer to all and any material, content, equipment, storage medium or devices supplied/loaned by the customer (or supplied/loaned by a third party under the direction – or by the request - of the customer) to the supplier for the purpose of creating the product.
  9. The “equipment” shall refer to all hardware, vehicles, cameras, microphones, projectors, sound mixers, lenses and ancillary equipment/items belonging to the provider or their agent.
  10. “Commission”, when used in the context of reselling, shall refer to the published and agreed commission rate payable by the provider to the customer upon receipt of funds from the third party to which the sale/resell – made by the provider, on behalf of the customer – relates.
  11. The “purchaser” shall be the person or organisation that procures any material subject to resell.

CONTRACT
The inception of contract takes place when:
  1. The contract is signed by both parties to this agreement, or an online (or direct) order has been placed by the customer, and:
  2. Where a deposit or sum is payable, the deposit/sum has been paid, and:
  3. Where the provider has verifiably confirmed the willingness and availability to attend the event, and/or provide the service and/or create and supply the product.
  4. There shall be no variation to this contract without the express written consent and authority of the provider.
  5. This contract will govern the service requested by the customer at the time the contract is entered into and at any future event or provision of any subsequent product by the provider.

EVENT
  1. Subject to compliance of the terms within paragraph CONTRACT (1) the provider undertakes to attend the event and fulfil his obligations in accordance with the description of the service.
  2. Upon the request of the provider, the customer will furnish the provider with all necessary contact details pertaining to the vendor/vendors associated with the event.
  3. Where applicable the provider will liaise with the vendor for the purpose of ensuring the correct environment and maximisation of the customer’s overall enjoyment:
  4. The customer will, wherever necessary, assist and partake in all matters and communication arising between the provider and the vendor.
  5. The provider shall not be liable for any cost or expense, charged or incurred by any vendor, as a result of the provider’s attendance, actions, energy usage or any other activity which the vendor sees fit to charge; the customer undertakes and assumes liability in this regard should it occur.

SERVICES
  1. In accordance with paragraph CONTRACT (1) the provider undertakes to provide the service, which has been ordered or requested by the customer.
  2. With the exception of the provider’s physical attendance at an event in isolation, time shall not be the essence of contract when providing the service and/or delivering the product; at all times the provider will endeavour to complete the service or supply the product in a timely fashion; however, no set off or deduction can be made by the customer as a result of any delay associated with completion of the service and/or delivery of any product.
  3. Each product shall be delivered in the format stipulated by the customer; the provider will assume no liability in connection with loss, damage or incompatibility should it be found that the stated format is incorrect, not applicable or inadequate. In this event, and upon the creation of a new format, the customer shall be liable for any subsequent cost.
  4. Where applicable the customer shall ensure safe and unencumbered delivery of the material; the provider shall not be liable for any loss or damage at any time during transit or possession. Risk shall remain with the customer at all times and, where appropriate, the customer shall ensure that adequate cover/insurance is in place.
  5. By its very nature, some customer material will be worn, brittle, damaged, spliced or otherwise affected by excessive age or usage; the provider will exercise care in this regard but will not be held liable for the culmination of wear or damage resultant in partial or total breakdown, or, destruction/failure of the material at any stage of the service or any time thereafter: 
  6. If the material is cine film then there is always the possibility that, during conversion, the film may snap or damaged sprocket holes will prevent feeding through the equipment; in this event the provider may have to cut out the affected portion and splice the material in order for conversion to take place. The provider will not be held accountable for any loss of footage in this regard.
  7. With all material, and in the event of breakage or failure, the provider may seek the assistance of a third party to repair and make good the material concerned; this may incur an additional charge. Should this happen, the provider will consult with the customer and both parties shall agree to this extra expense prior to utilising the assistance of any third party provider; the customer shall be liable for any additional/associated cost.
  8. In accordance with paragraph 7 [SERVICES] the provider will not be held liable for any loss or damage incurred as a result of the actions/inaction of any third party and/or any loss or damage incurred at any time during transit.
  9. The provider reserves the right to refuse production/reproduction or copying of any material which is considered to be illegal, harmful, inciting, insulting or, in any way, likely to offend others.
  10. The provider will convert material for the sole private use of the customer and - where the material is of a highly personal nature involving the customer or any other person captured within the material - the customer confirms their own consent together with that of any third party (and/or any other person captured or involved within material involving footage or scenes of a highly personal nature - originally intentional or otherwise) and that the relevant third party or person has raised no objection to the service being provided by the provider (i.e. the duplication/conversion of the material). In any event, the customer undertakes not to disseminate, copy or publish any product without the express consent of any other party involved in the initial creation of - or likely to be identified/affected by - the material and/or the ensuing product.

COPYRIGHT
  1. Any and all material supplied or loaned by the customer shall be free from third party copyright.
  2. The customer irrevocably consents to the unencumbered and free use and reproduction of all of their own copyrighted material by the provider:
  3. The customer will not at any time, under any circumstances, seek any recompense from the provider in respect of copyright or duplication hereinafter.
  4. The provider is at liberty to use material supplied by the customer for marketing purposes unless the customer expressly prohibits this at the time of placing the order.
  5. Copyright of the product (where not owned or claimed by the customer or any validated third party) will belong to the provider.
  6. The provider will, where appropriate/advertised/stated, seek the appropriate music licence from the Performing Rights Society (PRS)/MCPS and will apply it to the product; the provider will retain a certificate of the licence and will make a record of the licence number:
  7. The licence supplied by PRS is subject to strict limitations concerning duplication and distribution; the customer shall respect the terms of the licence and shall not copy, distribute, disseminate or broadcast the product in any way, which is in breach of the conditions of the licence.
  8. The customer hereby indemnifies the provider from all and any breaches of copyright, by the customer and/or any other third party, and shall assume full liability in connection with any subsequent or consequential civil action or criminal prosecution brought about by the copyright owner(s), the appropriate licensing authority and/or any law enforcement agency regardless of jurisdiction.
  9. The customer shall be liable for any additional cost associated with renewal or amendment of any licence linked to the product.
  10. It is the customer’s responsibility to ensure that the relevant vendor has the appropriate public performance licence.
  11. Where the event is a church wedding (including hymns) the customer will be responsible for all church copyright fees and will be expected to arrange this directly with the church concerned.

FORCE MAJEURE
The provider endeavours to fulfil his obligations associated with the description offered in connection with the event/service requested by the customer; however, for reasons and events totally beyond the control of the provider, aspects of the service/event may not be fulfilled. The customer understands this and will not seek recompense, set off, deduction or any form of compensation from the provider should this occur. Uncontrollable events include (but are not limited to):
  • War or threat of war.
  • Criminal acts and/or terrorism.
  • Civil disobedience/disorder/riots, strike, threat of strike and/or industrial action.
  • Financial collapse.
  • Breakdown of logistics.
  • Acts or negligence of any postal or courier provider.
  • Loss of power.
  • Adverse weather conditions/acts of nature.
  • Traffic congestion.
  • Accident.
  • Fire.
  • Structural failure.
  • Local events and/or encumbrance.
  • Illness.
  • Equipment breakdown/failure resultant in partial or total loss of enjoyment.

EBAY/ONLINE SALES AND FILE ACCESS
  1. Payment is to be made immediately upon completion of the order in all instances.
  2. The provider strongly recommends that all media/material is sent by recorded delivery (or other means of delivery requiring signature) by the customer; the provider accepts no liability for loss or damage to the material in transit.
  3. Where the product is a digital download the customer will be provided with a login and password to the hosted service; the customer shall be expected to keep this information secure and undertakes not to disclose it to any unauthorised party. The customer shall inform the provider immediately in the event of unauthorised access to the hosted service. Equally, the customer shall ensure that, in the event that the information is disclosed to a trusted source and a breach occurs at, or via, this source, the customer shall immediately inform the provider of the breach. The provider will not be liable for any breach or unauthorised access; the customer shall – at all times - be liable for the actions or any breach committed by the trusted source(s).
  4. The product shall remain on the hosted service and be available for download for a period of 30 (thirty) days from the date of payment being received from the customer; thereafter, the provider reserves the right to remove the product from the hosted service without prior notice.

LIMITATIONS OF LIABILITY
If the provider commits a fundamental breach of contract then the provider’s liability shall be restricted to:
i) The deposit (where only the deposit has been paid by the customer).
ii) The value of the contract (where the full contract price has been paid for by the customer).
  1. The customer shall indemnify, and keep indemnified, the provider from any and all consequential loss caused by death, injury, damage to equipment and property, acts committed by third parties and/or agents or suppliers appointed by the provider, accident, equipment failure, loss of material, loss of profit, loss of production, acts committed/unwillingness to co-operate by any vendor or any person or corporation attending any event.
  2. The customer shall indemnify, and keep indemnified, the provider from all or any loss of enjoyment howsoever caused.
  3. The Contracts (Rights of Third Parties Act) 1999 – including any subsequent amendment or consolidation - shall not apply to this contract.

PAYMENT
  1. Deposits (when requested by the provider) are payable immediately and are integral to the commencement of contract in accordance with paragraph 2.1 (ii); the deposit shall represent 30% of the approximated cost of the service. Deposits are non-refundable.
  2. Full payment in respect of the product is due upon receipt of the provider’s invoice.
  3. In the event of any breach of the payment term above the provider reserves the right to:
  4. Where the customer is acting in the course of business - charge Compensation, costs and Interest per invoice, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2013.
  5. Where the customer is a private individual – Charge interest pursuant to Section 69 of the County Courts Act 1984:
  6. Seek the recovery of all costs associated with the utilisation of debt collection agencies and/or solicitors.
  7. Charge the customer £25.00 for any dishonoured or unpaid cheque.

GOVERNING LAW
  1. These terms shall be subject to scrutiny pursuant to the Unfair Contract (Terms) Act 1977.
  2. The contract shall be subject to English Law and both parties shall submit to the exclusive jurisdiction of England.