In these terms and conditions for the avoidance of confusion the following words shall have the meanings as detailed in this clause:
2.1.1 “Company” means Maven Visuals Ltd.
2.1.2 “Client” means the client of the company.
2.1.3 “Services” means the business services provided by the Company to the Client as set out in the quote or invoice.
2.1.4 “Deliverable(s)” means completed wedding film and components of the selected package requested by the client as set out in the quote or invoice.
2.1.5 “MCPS” means Mechanical Copyright Protection Society that collect royalties for works released by a record company, downloaded or reproduced onto a CD, DVD or LP.
2.1.6 “Limited Manufacture License” means the license that entitles the limited manufacture of CD;s, DVD,s or video containing copyright music.
2.1.7 “PPL License” means the license that entitles the sound recording of Copyright music.
2.1.8 “PRS” means the Performing Rights Society.
2.1.9 “Rights” means the copyright of the deliverables.
3. Recital
3.1.1 These terms and conditions apply to the supply of Services by the Company to the Client. The acceptance of the Quote and/or confirmation to proceed by the Client to the Company for the supply of the Services shall amount to the Client’s acceptance of these terms. These terms and conditions shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Company and the Client.
4. Obligations and Payment
4.1.1 The company will use reasonable skill, expertise and care to produce and supply to the client the deliverables as described in the invoice.
4.1.2 The client shall pay the company the fee for services as outlined in the invoice. Unless otherwise agreed by the company in writing, payment amounting to 30% of the total fee will be paid by the client, in the form of a non-refundable deposit upon booking to secure the date. The remaining balance to paid 4 weeks prior to the event.
4.1.3 It is the responsibility of the client to ensure that appropriate permits/consent has been obtained from the church and/or venue for filming to take place. The company will respect any restrictions placed upon it by churches, officials or venues in relation to camera positioning, restricted movement or areas of prohibited access and will not be held liable by the client if this restricts or limits filming.
4.1.4 Unless otherwise informed by the client, the company will assume that all persons attending the wedding have consented to being filmed.
5. Cancellations
5.1.1 Cancellation of services by the client shall result in forfeiture of the initial 30% deposit payment and may result in further charge of the balance by cost of work done incurred by the company, excluding any cost it may be able to reasonably avoid in relation to third parties.
5.1.2 Cancellation within 30 days of the Wedding day will incur a charge of the full cost of the package.
5.1.3 In the unlikely event that the company cancels the booking, the company will refund any monies paid to the date of the cancellation and this shall be the limit of the liability to the client.
6. Deliverables
6.1.1 Both the Company and the Client commit to taking reasonable steps to ensure that the project is clearly defined by way of consultation prior to the Wedding day. Both Parties recognise however that Weddings are live events and that it may not be possible to capture every aspect. An itinerary of the day with key timings of the major events of the day should be provided to the company in advance of the wedding including but not limited to, Bridal/Groom Preparation, Arrivals, Ceremony, Speeches, Cake Cutting, First Dance etc.
6.1.2 Unless otherwise agreed by the company in writing, the client accepts the company’s decisions on all creative aspects within the deliverable.
6.1.3 The company will take reasonable care to ensure quality of its equipment however will not be held liable for adverse lighting, sound or interference outside of its control, such as that supplied by the venue, as a result of weather or by restrictions placed upon filming by the venue or other third parties.
6.1.4 The company will supply licensed music soundtracks from its own library as part of the package. Any music requested or supplied by the client for inclusion in the finished film subject to copyright or any live performance including choirs or musicians that require MCPS Limited Manufacture Licenses or PPL License to be obtained by the company will incur a further charge equal to the current rate as provided by PRS.
6.1.5 The edited film will be delivered 8-10 weeks after the wedding day; however, the company will do its very best to deliver sooner. If there are any delays past this the company will inform the client as soon as reasonably possible.
7. Acceptance
7.1.1 The client shall have 7 days from the receipt of the USB or Disk to make the company aware, in writing of any request for changes. After which time the client will be deemed as having accepted the product.
7.1.2 Reasonable minor changes are anticipated within the cost. Major changes however, particular those that require further production stages or significant time, or services may incur an increased or further charge to the client. The company will not proceed with further production or changes in this case unless the Client agrees and approves the increased service fee in writing. Email will be sufficient to prove the client’s approval.
8. Rights
8.1.1 Unless otherwise stated in writing the company shall own all rights in the deliverables with the exception of any dubbed music under a MCPS Limited Manufacture license and/or PPL License.
8.1.2 The deliverables that are provided with licensed music only from the company’s own music library entitle the client to use the deliverables for private home use, gifts for family and friends and may be used online (internet) subject to the online platforms’ regulations. Deliverables that include music requiring an MCPS Limited Manufacture licence and/or PPL license are not permissible for broadcast or public performances, including online (Internet).
8.1.3 Nothing in this agreement provides a right to the client to modify, change or separate elements of the deliverable for use in other productions of materials or as individual elements.
8.1.4 The client shall have no right to make use of any materials not included in the final cut except by way of a separate contract between the client and the company.
8.1.5 The client confirms that any materials provided to the company by the client for inclusion in the deliverables does not infringe any third parties’ rights and proper licenses have been obtained where required by law. The Client indemnifies the company in full against any third parties in respect to any claims, losses, expenses, proceedings, actions, awards, liabilities, costs (including legal costs on a full indemnity basis and increased administration costs) and any other losses and/or liabilities arising out of such material.
8.1.6 The company reserves the right to use the deliverables, in whole or part, in its own promotion and advertisement media both in literature, online social platforms and websites.
9. Compliance
9.1.1 The Client agrees to indemnify and hold harmless the Company and its employees from any liability, cost, loss, damages award, sum payable by way of settlement or other expense of any kind (including reasonable legal fees) arising from any claim, demand or action alleging that the clients use of the deliverables are contrary to any law, code or regulation in any country.
10. Right of Assignment
10.1.1 The Company may assign part or all of its rights or obligations under these terms and conditions assign the benefit and burden of its rights and obligations under these terms and conditions to any other competent entity.
11. Liability
11.1.1 Nothing in these terms and conditions exclude or restrict the Company’s liability for death or personal injury resulting from its negligence, liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11.1.2 The Company’s total liability to the Client in law or in tort or otherwise howsoever arising in relation to these terms and conditions is limited to the cost of the deliverables.
11.1.3 The Company will not be liable in any way in respect of any failure, delay or defect in the supply or use of the deliverables caused by the supply or specification by the Client of unsuitable material or content or by the reproduction of the deliverables by a third party.
11. Unsuitable Material
11.1.1 The Company reserves the right to refuse to use or produce any content that is deemed to be unsuitable, obscene, morally questionable, unethical, libellous, defamatory or illegal in any deliverable.
12. Force Majeure
12.1.1 The company not liable for any breach of these terms and conditions caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes, weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities
13. Termination
13.1.1 Either party may terminate this agreement in writing pursuant to the conditions in Section 5. Such termination shall be without prejudice to either parties accrued rights and liability’s, in particular, the Company’s right for payment for work done.
14. Complaints and Dispute Resolution
14.1.1 Any complaint should be made by the client in writing at any time using the contact details provided in this agreement within 7 days of receipt of the deliverables. If no such complaint is received it be deemed that the deliverables have been accepted.
14.1.2 If any dispute arises the parties agree to attempt to reach agreement by mutual negotiation in the first instance.
15. Governing Law and Jurisdiction
15.1.1 These terms and conditions and any dispute or claim arising out of or in connection with the or their subject matter shall be governed by and construed in accordance with English law and each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of England and Wales.
16. Agreement
16.1.1 The parties agree that these terms and conditions represent the whole of the agreement between them and supersedes all representations, communications and prior agreements between the parties in that regard. Each party acknowledges that it has entered into these terms and conditions in reliance only on the representations, warranties, promises and terms contained or expressly referred to in these terms and conditions and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was made fraudulently.
