Standard Terms of Business
A contract is formed between a Client (referred to as the “Client”) and Video2web when an Order is received from the Client. An Order may be in written, verbal or electronic form. The product(s) or service(s) shall mean any product or service that is provided by Video2web to the Client. These conditions do not affect your statutory rights.
Video2web agrees to supply the product(s) or service(s) to the Client as detailed in the Order and according to the terms and conditions of this contract.
3. Estimates and Changes.
Video2web will only provide charges for product(s) or service(s) as estimates and will use all reasonable efforts to provide product(s) and service(s) accordingly. If Video2web determines that any estimate will be materially exceeded, it will promptly notify the Client, in written or electronic form. An Order is only binding as a fixed-priced contract if it is explicitly written on the Order, as agreed.
4. Rights reserved.
Should Video2web choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of Video2web’s rights. By providing Video2web with an Order, the Client accepts these terms and conditions.
Video2web shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. An initial Booking Fee of 50% of the Order will be invoiced prior to commencement of work and the final 50% on completion of the project. Completion of the project is deemed to be accepted by the Client when the products or services supplied by Video2web are either posted on a live environment or when 5 working days has passed with no further change requests. Video2web reserves the right to charge interest on overdue amounts at an annual rate of 5% above the NatWest Bank base rate ruling on the date payment is due. Title in the goods or services shall remain with Video2web until full payment has been received, unless otherwise stipulated in the Order.
6. Booking Fee/Cancellation.
Monies paid by the Client to reserve the product(s) or service(s) of Video2web will be accepted as a Booking Fee. If the Client cancels the order less than 4 weeks prior to Video2web supplying the product(s) or service(s), the Client may be liable for the whole invoice value less any Booking Fee already paid. If the Client cancels their Order more than 4 weeks prior to Video2web supplying the product(s) or service(s), they may forfeit the Booking Fee.
7. Health & Safety.
Video2web and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
8. Creative Brief.
Unless otherwise agreed, the Client accepts Video2web’s decisions on creativity within the product(s) or service(s).
Video2web 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 Video2web 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 Client.
Video2web disclaims any and all warranties respecting the product(s) or service(s) provided to the Client, including any implied warranties of non-infringement, merchantability or fitness for a particular purpose, or of error-free, virus-free or uninterrupted use of any deliverable provided by Video2web.
Unless otherwise stated in the Order, the Client owns copyright in the final approved video asset(s) in its entirety and reserves the right to re-use the video asset(s) as it sees fit.
Unless otherwise stated in the Order, Video2web retains copyright in all their Original Material. Original Material includes video recordings, graphics, printed material and any other design or artwork commissioned by the Client in relation to the Order.
The Client must ensure that permission is sought for the inclusion of any copyright material they supply to Video2web to enable them to deliver the product(s) or service(s). The Client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. Video2web retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Client agrees to indemnify Video2web in the event of any breach of copyright claims being brought against Video2web in respect of material supplied by the Client.
12. Data Protection.
The Client 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 Video2web supplying the product(s) or service(s), and that such recording is in compliance with Data Protection. To ensure the privacy of individuals and children, video or photographic images will not be identified using full names or personal identifying information without the written or verbal approval from the subject, parent or guardian. The Client agrees to indemnify Video2web from any and all liability or claims from people or places arising out of the filming activities.
13. Complaints Procedure.
In the unlikely event of a dispute over the supply of product(s) or service(s), the Client and Company agreed to accept the findings of the Institute of Videography’s Arbitration Office. Any disputes must be notified within 28 days of the Client receiving the product(s) or service(s).
14. Care and Damage to client property.
Whilst every care is taken in the handling of the Client’s property, Video2web accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of Video2web. 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.
15. Right of Assignment.
Video2web retains the right to assign the supply of the product(s) or service(s) to the Client to another suitable company should they be unable to complete these terms and conditions.
Video2web retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s), subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost.
Unless otherwise agreed Video2web will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by Video2web to supply of the product(s) or service(s).
Subject to Video2web’s obligations under section 17 not to disclose any Client confidential information, the Client agrees to allow Video2web to publicly disclose that the Client is a client of Video2web’s and to disclose the existence of the Product(s) and Service(s) provided to the Client by Video2web for advertising and publicity purposes, including the display of the Client’s logo(s) and/or brand name(s) in connection with such use. This also applies to displaying videos produced for the Client on Video2web’s own website for promotional purposes and the Client agreement to co-operate in the production of a video testimonial that Video2web may use for promotional purposes and on its website.
The Client agrees to refrain from soliciting for employment or hiring, directly or indirectly, without Video2web’s prior written consent, any of Video2web’s employees or contractors during the term of this Agreement and for one year following the date of its termination.
20.Basis of law.
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.