TERMS AND CONDITIONS
- Introduction
- These terms and conditions of business (“the terms”) govern every contract made between Weave Creative Limited
for the supply of film to any person, firm, charity or company (“the client”).
- The terms prevail over any written terms and conditions of the client.
- Any variation to the terms must be agreed in writing by Weave Creative Limited.
- All contracts between Weave Creative Limited and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
- Fees
- The Client will pay the agreed fees to Weave Creative Limited on delivery of a rendered high resolution video file, completed according to the Project specification. Weave Creative Limited will invoice the Client and the Client will pay the invoice, including Value Added Tax, (VAT) (where applicable) at the prevailing rate according to the terms of payment detailed on the invoice.
- Weave Creative Limited will require payment on the completion of development milestones where the Project involves considerable development time to implement. Such development milestones and the amount of payment for the completion of each milestone to be included within the Project specification or agreed in writing by the parties prior to the commencement of the Project.
- Estimates
- All estimates given by Weave Creative Limited will be valid for 28 days from the date of estimate. If the client’s final order changes from the original specification made for the quotation, Weave Creative Limited reserves the right to vary the estimate.
- Delivery
- Weave Creative Limited will deliver the rendered high resolution video file to the Client by way of downloadable link. On completion of the project the client will be able to view the project via our client area. On receipt of the agreed fees the client will be given a download link to the rendered high resolution video file.
- Project Release
- On delivery of the completed Project the Client will complete, sign, date and return to Weave Creative Limited, Weave Creative Limited’s standard Project Release Form.
- The Project Release Form will release Weave Creative Limited from undertaking further work related to the Project. Weave Creative Limited may however undertake additional work as requested by the Client either directly or indirectly related to the completed Project. Such work to be undertaken under the standard terms of business of Weave Creative Limited.
- Copyright and moral rights
- Weave Creative Limited will sign over the high resolution video file rights to the client on receipt of the agreed fees.
- The Client grants to Weave Creative Limited a non-exclusive, revocable, royalty-free licence to use its name, logos, trademarks or devices (“Intellectual Property”) for the purposes of creating the Project.
- Neither party shall make any claim to the other party’s content, materials or services during or after the expiry of this Agreement.
- Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.
- The client agrees to indemnify Weave Creative Limited against all losses, damages, claims or expenses, which Weave Creative Limited may incur by virtue of any breach of the above warranties.
- All project source files remain the property of Weave Creative Limited. Video footage will be kept on file after completion of any work. Any amendments or modifications requested by the client at a later date will be charged under our standard terms of business
- Unless otherwise agreed all project source files and means of production for unique content will remain the property of Weave Creative Limited. Supply of project source files to the Client may be subsequently requested and agreed via a distinct agreement and will incur extra charges. If project source files are requested by the Client prior to or at the start of a project, Weave Creative Limited will advise the Client of possible additional costs.
- Weave Creative Limited reserves the right to use the Project for means of advertising and self-promotion.
- Liability
- The client must contact Weave Creative Limited concerning details of an invoice within 7 days of the date of the invoice.
- The Client agrees to indemnify Weave Creative Limited against any claims, damages, losses, costs and expenses which Weave Creative Limited may sustain or incur in relation to any content and materials which the Client provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
- Weave Creative Limited will not be liable for the cost of re-shooting or recreating material contained in the project.
- Weave Creative Limited will not be liable for any loss or damage to the client or any other party including loss of income and;
- It is the clients responsibility to insure against such loss and damage.
- Weave Creative Limited will not be held responsible for any typographical errors after the Project has been approved by the client.
- Weave Creative Limited will not be liable for failing to complete any contract between Weave Creative Limited and the client due to circumstances beyond Weave Creative Limited’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
- Termination
- Either party may terminate an Agreement immediately in the event that:
- Either party commits a serious, grave or material breach or persistent breaches to the Agreement including non-performance, default or neglect of its duties, responsibilities and obligations under the Agreement, and
- Such breach remains un-remedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.
- Furthermore, an Agreement may be terminated in the event that:
- The company becomes subject to an administration order or goes into liquidation, (other than for the purpose of amalgamation or reconstruction), or
- Has a receiver appointed to administer any of its property or assets, or
- Ceases or threatens to cease to carry on business, or
- Makes any voluntary agreement or enters into a compromise for the benefit of its creditors, or
- Fails to make payment in accordance with the terms of the Agreement.
- On the termination of an Agreement any completed parts of the Project already delivered to the Client or test examples of the Project not already paid for by the Client will be returned to Weave Creative Limited. Furthermore, the Client shall not retain any copies of the returned Project, parts thereof or test examples of the Project.
- Any termination of an Agreement shall be without prejudice to any rights accrued in favour of either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of an Agreement which are by their construction intended to survive such termination.