"Western Hill Productions" Terms & Conditions
Western Hill Productions ( 2020 | ver. 01.21 )
Freelance Filming & Videography | Video Production Terms and Conditions
These Terms and Conditions are for your protection as well as ours. Please read them carefully.
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1. Introduction: A contract is formed between a customer (referred to as the “Customer”) and Western Hill Productions (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
2. Definitions & General Terms: In these Terms and Conditions the words ‘Western Hill Productions’ ‘WHP’ ‘Company’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Western Hill Productions, a UK registered Self Employed Business. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all video and other associated products created by Western Hill Productions, including all moving and still images and sound recordings of whatever form.
3. Supply: The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
4. Copyright (WHP): The Copyright of all material that has been captured by WHP is solely owned by WHP and protected under UK Law. Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client This will be clearly specified in your written quotation. In both circumstances, Western Hill Productions reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes.
5. Copyright (material provided by client): In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a “WHP” production, copyright must firstly be obtained from the original copyright owner / material provider. In order for “WHP” to use this material the copyright must be explicitly transferred to”WHP”. or the material to be provided to “WHP” totally free of charge and the client will have to indemnify “WHP” against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material. Western Hill Productions reserve the right to use the final production in full or part content for promotional purposes.
6. Copyright: Unless otherwise stated in the Order, the Company 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. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company 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 and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
7. Copyright: Western Hill Productions asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Western Hill Productions and is protected under UK law.
8. Usage licence - rights to the use of project content: Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies “WHP” against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material. We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
· Western Hill Productions retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the UK and World Wide. Permission is not granted to re-edit, copy or alter the content in any way.
· We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
· “WHP” assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing. Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
· We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
9. 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 the Company supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
10. Rights Reserved: Should the Company 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 the Company with an Order, the Customer accepts these terms and conditions.
11. Works specified (as per estimate): All works undertaken will be as per “WHP” written quotation provided in a word document by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.
12. Pre-production requirements:
· It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.
· No liability will be accepted by “WHP” for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
· Where copyright material is provided by the client for incorporation into a “WHP” product, permission must be obtained from the original copyright owner / material provider.
· The client undertakes to indemnify “WHP” against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
· A full production brief must be signed off by the Client before production work begins.
13. Performers Release usage At all times: “WHP” advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Western Hill Productions if the production must be reedited due to a Performer refusing permission to show their image or use their audio in whatever form.
14. Production and post-production:
· All works undertaken will be as per Western Hill Productions written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current daily rates.
· Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
· Western Hill Productions takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. “WHP” will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
15. Approval / amendments of draft footage: (1 set of minor amendments) On the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review. This draft may receive one set of minor revisions only. which is included in the original agreed cost. Subsequent revisions thereafter or a major reedit will incur an additional daily rate of £ 35.00 per hour or part thereof.
· Approval / amendments of draft footage - Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Our video editing and production facility is available for client viewing and review, and all clients are encouraged to attend personally during editing so that all revisions can be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of £35.00 per hour.
16. Health and Safety In all instances: Western Hill Productions will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
· WHP will observe the Clients site safety rules at all times and will liase with the Health and Safety Manager if deemed necessary.
· Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
17. Care and Damage to client property: Whilst every care is taken in the handling of the Customer’s property, the Company 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 the Company. 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.
18. “WHP” carries public liability insurance cover of one million pounds. A copy of our insurance certificate can be provided on receipt of a request to our offices. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
· Insurance’s (people, equipment etc) Western Hill Productions carries public liability insurance cover of £1 million pounds. Upgraded specific project insurance cover can be provided if required upon request.
19. Aborting filming (on shoot day) or re shooting due to clients lack of organisation. In the event of filming being delayed or aborted due to a lack of organisation from the Client, “WHP” reserve the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
20. Changes to the filming schedule: In the event of the Client wishing to change ( or cancel ) the filming date we require a minimum of 2 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred, and associated with the originally scheduled dates. Changing filming dates.
21. Booking Fee/Cancellation: Monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. If the Customer cancels the order less than 5-weeks prior to the Company 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 8-weeks prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.
22. ‘Client delays’: In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
23. Equipment substitution / failure: In the unlikely event that “WHP” experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel as soon as possible, so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
24. Adverse weather conditions: In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
Bad weather In the event of inclement weather, WHP reserves the right to change the date of filming to a more suitable day WHP will not allow the safety of the equipment or personnel to be compromised.
25. Liability: The Company 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 the Company 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.
26. Right of Assignment: The Company 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.
27. Creative Brief: Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
28. Complaints Procedure: In the unlikely event of a dispute over the supply of product(s) or service(s), the Customer 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 Customer receiving the product(s) or service(s).
29. Expenses: The Company 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 Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
30. Confidentiality: Unless otherwise agreed the Company 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 the Company to supply of the product(s) or service(s).
31. Clear access for filming If filming venues are being organised by the Client.
It is the Clients responsibility to ensure that Western Hill Productions has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
32. Project duration and delivery: Any indication given by Western Hill Productions of a design project’s duration is to be considered by the customer to be an estimation. Western Hill Productions will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. “WHP” will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
33. PROJECT DELIVERY:
If the client, after receiving the finished project from us, does not request any corrections within 2 weeks, the project is automatically considered as completed. Additional fees apply if the client request any revisions after that time!
If the client, after receiving a Draft Video Project ( first, second, third etc... ) from us, does not communicate or request any corrections within 2 weeks, the project is automatically considered as completed. Additional fees apply if the client request any revisions after that time!
34. PAYMENT: Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
· We reserve the right to charge further interest and late payment fees on all overdue invoices.
· We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
· The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Western Hill Productions reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this a Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
· Payment terms - Our payment terms are strictly 30 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term.WHPreserve the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme.
· The Company 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. The Company reserves the right to charge interest on overdue amounts at an annual rate of 5% above the Lloyds Bank base rate ruling on the date payment is due. Title in the goods or services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
· METHOD OF PAYMENT: Deposit of 1/4 ( 25% ) the total due immediately AND ramaining balance due the day of the event / video production.
35. BASIC Terms & Cond. ( in Brief ):
· Videographer will provide own production equipment (camera, audio equipment etc.) unless otherwise indicated.
· Videographer will maintain proper decorum in regard to volume, language, dress, etc. at all times.
· This is a basic, direct agreement between Videographer and employer and does not involve management agencies, etc.
· Videographer must be informed as to any potential problems including inclement weather, alternative locations, electrical power availability, civil disturbance, etc. Videographer makes every effort to fulfill commitment, but cannot perform outside causes beyond videographer’s control.
· Videographer reserves the right to cancel or reschedule engagement in the event of catastrophic accident, illness, transportation problems, or other unforeseen difficulties, which could arise as an "Act of God."
· Videographer will make every effort to ensure a smooth, timely, and enjoyable engagement.
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All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Western Hill Productions under UK law.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client.
Basis of law:
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
All of the above and the following "Video Productions Terms & Conditions" also apply and relate to "Wedding Films / Videos / Wedding Videography Services and other Video Related Services we provide to our customers.
​“WHP” stands for, and represents “Western Hill Productions” which is the full name of the business.
Please note we reserve the right to change prices and packages details at any time. Our quotes are valid 14 days.
In our contracts is specified the way we work and we advice all our couples to read their contracts before booking our services, (or during the cooling off period which is 14 days).
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Western Hill Productions ( 2020 | ver. 01.21 )
Western Hill Productions “Video Editing Service” Terms & Conditions
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These Terms and Conditions are for your protection as well as ours. Please read them carefully.
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Above all we want to offer our clients a fair deal, by providing an easy to use video editing service at affordable rates. We strive to make the best out of the material our clients send us and therefore differentiate ourselves through the quality of the result of our work. Should disputes or misunderstandings arise we will always try to find a reasonable and fair solution based on the Terms outlined below.
By employing the Video Editing Services of Western Hill Productions, or supplying work related to our service, you are agreeing to these Terms. These are legal and binding.
Introduction:
A contract is formed between a customer (referred to as the “Customer”or “You”) and Western Hill Productions (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Definitions & General Terms:
In these Terms and Conditions the words ‘Western Hill Productions’ ‘WHP’ ‘Company’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Western Hill Productions, a UK registered Self Employed Business. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all video and other associated products created by Western Hill Productions, including all moving and still images and sound recordings of whatever form.
Supply:
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
Creative Brief:
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
The client who employs us to provide video editing services is aware of our video editing skills, abilities, and the style in which we edit videos, the client viewed our portfolio of previous projects that we have created for our clients in the pass, and is happy to proceed with the order. On the basis of the above-mentioned, the customer waives any claims for compensation, refund or additional project revisions.
1. The Service
Western Hill Productions Video Editing Service includes video planning, editing and animation.
2. The Website
The website or www.westernhillproductions.co.uk will contain the functionalities you need to use our service.
3. We or Us
The service and website are owned, ran and managed by Dawid Jachym | Western Hill Productions “we,” “WHP”, or “us”).
4. You
You or “Client”, is a customer of the Service or represents an individual or group considered to be a customer of the Service.
5. Content
Through the Service, the Client is required to provide video footage, other materials and content, and a description of the particular video project (these particulars are referred to collectively as “Content”) to the Editor.
6. Intellectual Property Rights
This refers to all current patent rights, mask work rights, rights of publicity, copyright rights, moral rights, trade dress and service mark rights, trademark, trade secret rights, goodwill and other intellectual property, as well as those that are to exist in the future, and all applications of the said rights and registrations, extensions and renewals thereof, under the laws of territory, country and state, or other jurisdiction.
Brief About Us
We render video editing services for the purpose of creating a video project. Clients send us their media files and in turn, the Editor edits the project into a video.
Usage of access of the Service by any persons under the age of 13 is strictly prohibited, and doing so will be in violation of this Agreement. Also, any individuals or groups which have been removed from the Service in the past by Us will not be allowed to employ the Service.
WHP reserves the right to modify and adjust these terms every so often. Otherwise explicitly mentioned elsewhere, all modified terms shall automatically take effect once they are made public.
A Client who opts to sign up, register or otherwise using the Service recognizes that he/she has read, comprehends and willfully agrees to be duty-bound by these Terms. If you do not wish to accept them, you will be unable procced with your order.
Contract Generalities
A. Agreement/Severability
WHP will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
Any confidential or proprietary information which is acquired by WHP from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, WHP will sign and adhere to the conditions of any legal Confidentiality Agreement used by the client.
Any contract requiring WHP to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with WHP, its servants or agents, as necessary.
This agreement, along with any modifications and any further contracts you may enter into with us in relation to the Service, shall establish the complete and total agreement between you and WHP.
If any facility of this contract is considered void by a court of competent jurisdiction, the baselessness of such provision will not affect the legitimacy of the other provisions of this Agreement.
When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by WHP unless any other written agreement is reached in advance.
Any monies held on account and unused will be returned subject to a 5% administration charge.
WHP reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or otherwise illegal.
Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
B. Agreement Modifications
Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes and projects.
Whether due to business-related reasons, marketing or law, we may send notifications via email, or through post (written and hard copy), or through posting on WHP’s website.
We determine the platform and method by which we notify our users, as long as you do not opt out of certain notification platforms or means as noted in this agreement.
We are not responsible for automatic filtering which you or your provider may have applied to the email address you have registered with us.
Your persistent and continuous use of the Service after it has been modified or updated means that you accept the new Terms of Use.
C. Assignment
While WHP may assign without restriction under this agreement, you may not transfer or assign any rights and licenses granted hereunder. Any and all attempts at transferring or assigning will be considered as violations, and will therefore be considered null and void.
D. No Relinquishment
Our failure to affirm any right or provision under this agreement shall not create a relinquishment of such provision or right.
The Rules of Our Service
We reserve the right to change the Service without prior notice; halt the delivery of the Service or its features to you or to users in general; or establish limitations to the Service.
Terms Concerning Clients
Through the Service, a Client will provide Content to an Editor.
The client’s requirements must be clearly provided to Western Hill Productions in writing before commencement of work and subject only to one set of minor alterations thereafter. Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. Two sets of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. All revisions must be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of £150.00 per day or part thereof.
A production will only be publicly released by WHP once the client approves all content as complete and satisfactory and confirms this in writing (e.g. email).
Content
Regarding Content, you assert, represent and certify it and our use thereof as intended in this agreement. The Service does not intend to violate any laws or third-party rights.
As a Client, you agree not to post Content that: (i)could potentially cause damage or loss to any individual or property; (ii) could possibly create loss, harm, emotional distress, physical or mental injury, disability, disfigurement, physical or mental illness or death to yourself, to another or to any animal; (iii)comprises any content or information that we believe to be harmful, unlawful, defamatory, abusive, racially or ethnically abusive, infringing, invasive of publicity rights or personal privacy, libelous, harassing, profane, threatening, humiliating to other people publicly or otherwise, or otherwise offensive; (iv) pursues to injure in any way or exploit children by subjecting them to content that is inappropriate; (v) consists of any content or information that is criminal (inclusive of, with no limitations, the disclosure and distribution of insider information of another party’s trade secrets under securities laws); (vi) could possibly represent or further tort or a crime; (vii) has content or information that you know and believe to be incorrect or outdated. (viii)comprises of any content or information that you are not permitted to give under any fiduciary or contractual relationships or law;
You agree to post Content that do not infringe on third-party rights of any kind, including and not limited to rights to privacy and Intellectual Property Rights.
Make known that you are the owner of a piece of musical composition’s copyright rights, inclusive of and not limited to the mechanical, sound recording rights, and performance, with respect to all aspects of the musical work (including lyrics) and sound recording included in the said Content.
We reserve the right, although we are not obliged, to solely determine whether or not to reject and/or delete any Content that we believe infringes on these stipulations.
As a Client, you alone are accountable for the Content you post (whether or not they belong to you), and you are liable for the penalties and costsof uploading and/or publishing the materials.
Current Project/s
A Client must either approve or decline a current project when the final result is presented. The client is in charge of viewing, reviewing, commenting and approving the video project worked on by the Editor. Should the Client not communicate with Us for more then 10 (ten days),we may opt to terminate the project. The media files a client wants to get edited must be uploaded as a complete package. WHP will confirm the number of files uploaded. Once the client confirms the uploaded files the project will start. If more files will be uploaded later in the project then extra charges will apply.
Revisions
If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
A client is permitted to request Two ( x2 Free ) revisions which are included in the package price. Further revisions will be charged.
If a client is dissatisfied with any result during the editing process, requests for changes should be articulated within (5) calendar days after the delivery of the last version of the result. During the revision process “WHP” reserves the right to ask the client to give the full payment for the project before any other revisions can take place.
If a client is not completely satisfied with the production and result after (30) thirty calendar days after beginning of the project “WHP” may opt to terminate the project.
Fees and Billing
Should you decide to utilize paid features of our Service, you are aware that we add new products or services for extra charges, or adjust fees for current services.
The client is asked to pay Full Price ( or 25% of the project fees as a down payment in some cases ) at the start of any project or whenever a service is requested. Any down payment is non-refundable. The payment of the residual charges is due before the final result is delivered. Once all fees have been paid off, WHP will hand over the end product to the client.
A third-party payment processor is used to process all payments that go through the Service. We are not liable for any security or privacy breaches by the said processor.
All charges you incur through the utilization of your debit or credit card, or other payment methods are reflective of the prices in effect during the time said charged were incurred.
With No Warranties; “As Is” Service
Devoid of restricting the foregoing, “WHP”, as well as its licensors and subsidiaries do not guarantee that the content given is truthful, complete, correct or updated; that the video editing service provided will meet your standards; that the service will always be available at any specified time or place, continuous or protected; that any flaws or mistakes will be amended.
You alone are responsible for any destruction to your computer system or data loss which result from the usage of the service or from downloads which contain viruses and the like.
Service is rendered on either an “as is” or “as available” basis.
As allowed by the full extent of applicable law, provided service will not have any attached guarantees or warranties, inclusive of but not limited to fitness for a specified purpose, non-infringement or implied warranties of merchantability.
Scope of Liabilities
“WHP” shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, Brexit or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to WHP, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
WHP cannot be held liable for loss or damage caused as a result of third party action or failure.
WHP cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies WHP against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material
As allowed by the full extent of applicable law, under no circumstances will we, our agents, employees, affiliates, directors, suppliers or licensors be responsible and liable for any punitive, direct and indirect, special incidental, exemplary or consequential damages, inclusive of but not limited to damages incurred from profit loss, use, goodwill, data or other intangible losses which arise from the utilization of or inability of usage of this service.
In no event shall we be accountable for any damages, injuries or losses which arise from tampering, hacking or other unauthorized access or utilization of the service from your account, or misuse of your personal details contained therein.
As allowed by the full extent of applicable law, we assume no responsibility or liability for any and all (i) damage to property or personal injury which result from the use and access of the service; (ii)flaws, mistakes, inaccuracies or errors in your content; (iii) Trojan horses, viruses or the like which may be transferred to or through Viddedit by third-party entities; (iv) unsanctioned access to our secured servers as well as all the personal data that are contained in them; (v)cessations and interruptions of transmissions being done through the service; (vi) user content that contains illegal, criminal, defamatory or offensive acts or statements made by third parties, and/or (vii) oversights or mistakes in your content, or losses or damages acquired arising from any content posted, transferred, emailed or in any way made available through the service.
The foregoing limitation will be applicable to full extent allowable by law in the pertinent jurisdiction.
Take note that some states do not permit the omission of implied warranties, incidental or consequential damages, so limitations mentioned above may not be applicable to you.
Any exclusion, limitation of liability or disclaimer noted in this agreement will not relate to the extent forbidden by applicable law.
Copyrights & License
WHP retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
WHP assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Claims & Complaints
Any claims must be made in writing to WHP within 7 days of receipt of the commissioned product.
If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing to WHP, will be acknowledged by WHP within 14 days and a detailed reply will be issued to the client within a further 14 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to WHP.
Laws Governing Our Service
Basis of law:
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Western Hill Productions under UK law.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client and those of any other party.
These terms and conditions override This agreement will be governed by the laws of England and Wales.
These Terms and Conditions were last modified on August 8, 2020.
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Western Hill Productions ( 2020 | ver. 01.21 )
Western Hill Productions "Animated Videos" | Animated Video Production
Terms & Conditions
Animated Videos | 2D | 3D | Whiteboard
Terms & Conditions
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Above all we want to offer our clients a fair deal, by providing an easy to use animated marketing video production service at affordable rates. We strive to make the best out of the material our clients send us and therefore differentiate ourselves through the quality of the result of our work. Should disputes or misunderstandings arise we will always try to find a reasonable and fair solution based on the Terms outlined below.
By employing the Animated Video Production Service of Western Hill Productions, or supplying work related to our service, you are agreeing to these Terms. These are legal and binding.
Introduction:
A contract is formed between a customer (referred to as the “Customer”or “You”) and Western Hill Productions (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Definitions & General Terms:
In these Terms and Conditions the words ‘Western Hill Productions’ ‘WHP’ ‘Company’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Western Hill Productions, a UK registered Self Employed Business. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all video and other associated products created by Western Hill Productions, including all moving and still images and sound recordings of whatever form.
Supply:
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
Creative Brief:
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
The client who employs us to provide animated video production service is aware of our animation and video editing skills, abilities, and the style in which we create videos, the client viewed our portfolio of previous projects that we have created for our clients in the pass, and is happy to proceed with the order. On the basis of the above-mentioned, the customer waives any claims for compensation, refund or additional project revisions.
1. The Service
Western Hill Productions Animated Video Production Service includes video planning, editing and animation.
2. The Website
The website or www.westernhillproductions.co.uk will contain the functionalities you need to use our service.
3. We or Us
The service and website are owned, ran and managed by Dawid Jachym | Western Hill Productions “we,” “WHP”, or “us”).
4. You
You or “Client”, is a customer of the Service or represents an individual or group considered to be a customer of the Service.
5. Content
Through the Service, the Client is required to provide concept, script, and other materials and content, and a description of the particular video project (these particulars are referred to collectively as “Content”) to the Editor.
6. Intellectual Property Rights
This refers to all current patent rights, mask work rights, rights of publicity, copyright rights, moral rights, trade dress and service mark rights, trademark, trade secret rights, goodwill and other intellectual property, as well as those that are to exist in the future, and all applications of the said rights and registrations, extensions and renewals thereof, under the laws of territory, country and state, or other jurisdiction.
Brief About Us
We render animated video production services for the purpose of creating a video project. Clients send us their ideas, concept of the video, strategy plan, script and in turn, we edit the project into a video.
Usage of access of the Service by any persons under the age of 13 is strictly prohibited, and doing so will be in violation of this Agreement. Also, any individuals or groups which have been removed from the Service in the past by Us will not be allowed to employ the Service.
WHP reserves the right to modify and adjust these terms every so often. Otherwise explicitly mentioned elsewhere, all modified terms shall automatically take effect once they are made public.
A Client who opts to sign up, register or otherwise using the Service recognizes that he/she has read, comprehends and willfully agrees to be duty-bound by these Terms. If you do not wish to accept them, you will be unable procced with your order.
Contract Generalities
A. Agreement/Severability
WHP will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
Any confidential or proprietary information which is acquired by WHP from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, WHP will sign and adhere to the conditions of any legal Confidentiality Agreement used by the client.
Any contract requiring WHP to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with WHP, its servants or agents, as necessary.
This agreement, along with any modifications and any further contracts you may enter into with us in relation to the Service, shall establish the complete and total agreement between you and WHP.
If any facility of this contract is considered void by a court of competent jurisdiction, the baselessness of such provision will not affect the legitimacy of the other provisions of this Agreement.
When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by WHP unless any other written agreement is reached in advance.
Any monies held on account and unused will be returned subject to a 5% administration charge.
WHP reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or otherwise illegal.
Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
B. Agreement Modifications
Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes and projects.
Whether due to business-related reasons, marketing or law, we may send notifications via email, or through post (written and hard copy), or through posting on WHP’s website.
We determine the platform and method by which we notify our users, as long as you do not opt out of certain notification platforms or means as noted in this agreement.
We are not responsible for automatic filtering which you or your provider may have applied to the email address you have registered with us.
Your persistent and continuous use of the Service after it has been modified or updated means that you accept the new Terms of Use.
C. Assignment
While WHP may assign without restriction under this agreement, you may not transfer or assign any rights and licenses granted hereunder. Any and all attempts at transferring or assigning will be considered as violations, and will therefore be considered null and void.
D. No Relinquishment
Our failure to affirm any right or provision under this agreement shall not create a relinquishment of such provision or right.
The Rules of Our Service
We reserve the right to change the Service without prior notice; halt the delivery of the Service or its features to you or to users in general; or establish limitations to the Service.
Terms Concerning Clients
Through the Service, a Client will provide us with their ideas, concept of the video, strategy plan, and script.
The client’s requirements must be clearly provided to Western Hill Productions in writing before commencement of work and subject only to one set of minor alterations thereafter. Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. Two sets of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. All revisions must be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of £150.00 per day or part thereof.
A production will only be publicly released by WHP once the client approves all content as complete and satisfactory and confirms this in writing (e.g. email).
Content
Regarding Content, you assert, represent and certify it and our use thereof as intended in this agreement. The Service does not intend to violate any laws or third-party rights.
As a Client, you agree not to post Content that: (i)could potentially cause damage or loss to any individual or property; (ii) could possibly create loss, harm, emotional distress, physical or mental injury, disability, disfigurement, physical or mental illness or death to yourself, to another or to any animal; (iii)comprises any content or information that we believe to be harmful, unlawful, defamatory, abusive, racially or ethnically abusive, infringing, invasive of publicity rights or personal privacy, libelous, harassing, profane, threatening, humiliating to other people publicly or otherwise, or otherwise offensive; (iv) pursues to injure in any way or exploit children by subjecting them to content that is inappropriate; (v) consists of any content or information that is criminal (inclusive of, with no limitations, the disclosure and distribution of insider information of another party’s trade secrets under securities laws); (vi) could possibly represent or further tort or a crime; (vii) has content or information that you know and believe to be incorrect or outdated. (viii)comprises of any content or information that you are not permitted to give under any fiduciary or contractual relationships or law;
You agree to post Content that do not infringe on third-party rights of any kind, including and not limited to rights to privacy and Intellectual Property Rights.
Make known that you are the owner of a piece of musical composition’s copyright rights, inclusive of and not limited to the mechanical, sound recording rights, and performance, with respect to all aspects of the musical work (including lyrics) and sound recording included in the said Content.
We reserve the right, although we are not obliged, to solely determine whether or not to reject and/or delete any Content that we believe infringes on these stipulations.
As a Client, you alone are accountable for the Content you post (whether or not they belong to you), and you are liable for the penalties and costsof uploading and/or publishing the materials.
Current Project/s
A Client must either approve or decline a current project when the final result is presented. The client is in charge of viewing, reviewing, commenting and approving the video project worked on by the Editor. Should the Client not communicate with Us for more then 10 (ten days),we may opt to terminate the project. The media files a client wants to get edited must be uploaded as a complete package. WHP will confirm the number of files uploaded. Once the client confirms the uploaded files the project will start. If more files will be uploaded later in the project then extra charges will apply.
Revisions
If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
A client is permitted to request Two ( x2 Free ) revisions which are included in the package price. Further revisions will be charged.
If a client is dissatisfied with any result during the editing process, requests for changes should be articulated within (5) calendar days after the delivery of the last version of the result. During the revision process “WHP” reserves the right to ask the client to give the full payment for the project before any other revisions can take place.
If a client is not completely satisfied with the production and result after (30) thirty calendar days after beginning of the project “WHP” may opt to terminate the project.
Fees and Billing
Should you decide to utilize paid features of our Service, you are aware that we add new products or services for extra charges, or adjust fees for current services.
The client is asked to pay Full Price ( or 25% of the project fees as a down payment in some cases ) at the start of any project or whenever a service is requested. Any down payment is non-refundable. The payment of the residual charges is due before the final result is delivered. Once all fees have been paid off, WHP will hand over the end product to the client.
A third-party payment processor is used to process all payments that go through the Service. We are not liable for any security or privacy breaches by the said processor.
All charges you incur through the utilization of your debit or credit card, or other payment methods are reflective of the prices in effect during the time said charged were incurred.
With No Warranties; “As Is” Service
Devoid of restricting the foregoing, “WHP”, as well as its licensors and subsidiaries do not guarantee that the content given is truthful, complete, correct or updated; that the animated video production service provided will meet your standards; that the service will always be available at any specified time or place, continuous or protected; that any flaws or mistakes will be amended.
You alone are responsible for any destruction to your computer system or data loss which result from the usage of the service or from downloads which contain viruses and the like.
Service is rendered on either an “as is” or “as available” basis.
As allowed by the full extent of applicable law, provided service will not have any attached guarantees or warranties, inclusive of but not limited to fitness for a specified purpose, non-infringement or implied warranties of merchantability.
Scope of Liabilities
“WHP” shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, Brexit or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to WHP, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
WHP cannot be held liable for loss or damage caused as a result of third party action or failure.
WHP cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies WHP against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material
As allowed by the full extent of applicable law, under no circumstances will we, our agents, employees, affiliates, directors, suppliers or licensors be responsible and liable for any punitive, direct and indirect, special incidental, exemplary or consequential damages, inclusive of but not limited to damages incurred from profit loss, use, goodwill, data or other intangible losses which arise from the utilization of or inability of usage of this service.
In no event shall we be accountable for any damages, injuries or losses which arise from tampering, hacking or other unauthorized access or utilization of the service from your account, or misuse of your personal details contained therein.
As allowed by the full extent of applicable law, we assume no responsibility or liability for any and all (i) damage to property or personal injury which result from the use and access of the service; (ii)flaws, mistakes, inaccuracies or errors in your content; (iii) Trojan horses, viruses or the like which may be transferred to or through Viddedit by third-party entities; (iv) unsanctioned access to our secured servers as well as all the personal data that are contained in them; (v)cessations and interruptions of transmissions being done through the service; (vi) user content that contains illegal, criminal, defamatory or offensive acts or statements made by third parties, and/or (vii) oversights or mistakes in your content, or losses or damages acquired arising from any content posted, transferred, emailed or in any way made available through the service.
The foregoing limitation will be applicable to full extent allowable by law in the pertinent jurisdiction.
Take note that some states do not permit the omission of implied warranties, incidental or consequential damages, so limitations mentioned above may not be applicable to you.
Any exclusion, limitation of liability or disclaimer noted in this agreement will not relate to the extent forbidden by applicable law.
Copyrights & License
WHP retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
WHP assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Claims & Complaints
Any claims must be made in writing to WHP within 7 days of receipt of the commissioned product.
If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing to WHP, will be acknowledged by WHP within 14 days and a detailed reply will be issued to the client within a further 14 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to WHP.
Laws Governing Our Service
Basis of law:
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Western Hill Productions under UK law.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client and those of any other party.
These terms and conditions override This agreement will be governed by the laws of England and Wales.
These Terms and Conditions were last modified on August 8, 2020.
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Western Hill Productions ( 2020 | ver. 01.21 )
Western Hill Productions "Vidi-Pro" Terms & Conditions
Vidi-PRO Service Terms & Conditions by "WHP"
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Above all we want to offer our clients a fair deal, by providing an easy to use video Video Creation Service at affordable rates. We strive to make the best out of the materials, ideas, concept, strategies, and scripts our clients send us, and therefore differentiate ourselves through the quality of the result of our work. Should disputes or misunderstandings arise we will always try to find a reasonable and fair solution based on the Terms outlined below.
By employing the Vidi-Pro Services of Western Hill Productions, or supplying work related to our service, you are agreeing to these Terms. These are legal and binding.
Introduction:
A contract is formed between a customer (referred to as the “Customer”or “You”) and Western Hill Productions (referred to as the “Company”, “Vidi-Pro”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Definitions & General Terms:
In these Terms and Conditions the words ‘Western Hill Productions’ “Vidi-Pro” ‘WHP’ ‘Company’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Western Hill Productions, a UK registered Self Employed Business. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all video and other associated products created by Western Hill Productions, including all moving and still images and sound recordings of whatever form.
Supply:
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
Creative Brief:
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
The client who employs us to provide video production services is aware of our video editing skills, abilities, and the style in which we edit videos, the client viewed our portfolio of previous projects that we have created for our clients in the pass, and is happy to proceed with the order. On the basis of the above-mentioned, the customer waives any claims for compensation, refund or additional project revisions.
1. The Service
Western Hill Productions Vidi-Pro Service includes video planning, editing, animation, motion graphics, and text animation.
2. The Website
The website or www.westernhillproductions.co.uk will contain the functionalities you need to use our service.
3. We or Us
The service and website are owned, ran and managed by Dawid Jachym | Western Hill Productions “we,” “WHP”, or “us”).
4. You
You or “Client”, is a customer of the Service or represents an individual or group considered to be a customer of the Service.
5. Content
Through the Service, the Client is required to provide video footage, other materials and content, and a description of the particular video project (these particulars are referred to collectively as “Content”) to the Editor.
6. Intellectual Property Rights
This refers to all current patent rights, mask work rights, rights of publicity, copyright rights, moral rights, trade dress and service mark rights, trademark, trade secret rights, goodwill and other intellectual property, as well as those that are to exist in the future, and all applications of the said rights and registrations, extensions and renewals thereof, under the laws of territory, country and state, or other jurisdiction.
Brief About Us
We render Vidi-Pro service for the purpose of creating a regular monthly marketing videos for businesses and brands. The client is obliged to fill out our onboarding form so that we can learn more about client’s company, goals and strategies in social media. After completing our onboarding form, we will ask you ( the client ) to send us Your Brand Guidance materials. Then We will arrange Our first online consultation, during which We will plan and discuss the ideas, strategies and concept of Your videos for the entire month. Within 5 days of Our initiating consultation, We will start working on Your videos.
Optionally, the client send us their media files and in turn, the Editor edits the project into a video.
Usage of access of the Service by any persons under the age of 13 is strictly prohibited, and doing so will be in violation of this Agreement. Also, any individuals or groups which have been removed from the Service in the past by Us will not be allowed to employ the Service.
WHP reserves the right to modify and adjust these terms every so often. Otherwise explicitly mentioned elsewhere, all modified terms shall automatically take effect once they are made public.
A Client who opts to sign up, register or otherwise using the Service recognizes that he/she has read, comprehends and willfully agrees to be duty-bound by these Terms. If you do not wish to accept them, you will be unable procced with your order.
Contract Generalities
A. Agreement/Severability
WHP will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
Any confidential or proprietary information which is acquired by WHP from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, WHP will sign and adhere to the conditions of any legal Confidentiality Agreement used by the client.
Any contract requiring WHP to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with WHP, its servants or agents, as necessary.
This agreement, along with any modifications and any further contracts you may enter into with us in relation to the Service, shall establish the complete and total agreement between you and WHP.
If any facility of this contract is considered void by a court of competent jurisdiction, the baselessness of such provision will not affect the legitimacy of the other provisions of this Agreement.
When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by WHP unless any other written agreement is reached in advance.
Any monies held on account and unused will be returned subject to a 5% administration charge.
WHP reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or otherwise illegal.
Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
B. Agreement Modifications
Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes and projects.
Whether due to business-related reasons, marketing or law, we may send notifications via email, or through post (written and hard copy), or through posting on WHP’s website.
We determine the platform and method by which we notify our users, as long as you do not opt out of certain notification platforms or means as noted in this agreement.
We are not responsible for automatic filtering which you or your provider may have applied to the email address you have registered with us.
Your persistent and continuous use of the Service after it has been modified or updated means that you accept the new Terms of Use.
C. Assignment
While WHP may assign without restriction under this agreement, you may not transfer or assign any rights and licenses granted hereunder. Any and all attempts at transferring or assigning will be considered as violations, and will therefore be considered null and void.
D. No Relinquishment
Our failure to affirm any right or provision under this agreement shall not create a relinquishment of such provision or right.
The Rules of Our Service
We reserve the right to change the Service without prior notice; halt the delivery of the Service or its features to you or to users in general; or establish limitations to the Service.
Terms Concerning Clients
Through the Service, a Client will provide Content to an Editor ( Vidi-Pro Service ).
The client’s requirements must be clearly provided to Western Hill Productions in writing before commencement of work and subject only to one set of minor alterations thereafter. Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revision will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. All revisions must be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of £150.00 per day or part thereof.
A production will only be publicly released by WHP ( Vidi-Pro ) once the client approves all content as complete and satisfactory and confirms this in writing (e.g. email).
Content
Regarding Content, you assert, represent and certify it and our use thereof as intended in this agreement. The Service does not intend to violate any laws or third-party rights.
As a Client, you agree not to post Content that: (i)could potentially cause damage or loss to any individual or property; (ii) could possibly create loss, harm, emotional distress, physical or mental injury, disability, disfigurement, physical or mental illness or death to yourself, to another or to any animal; (iii)comprises any content or information that we believe to be harmful, unlawful, defamatory, abusive, racially or ethnically abusive, infringing, invasive of publicity rights or personal privacy, libelous, harassing, profane, threatening, humiliating to other people publicly or otherwise, or otherwise offensive; (iv) pursues to injure in any way or exploit children by subjecting them to content that is inappropriate; (v) consists of any content or information that is criminal (inclusive of, with no limitations, the disclosure and distribution of insider information of another party’s trade secrets under securities laws); (vi) could possibly represent or further tort or a crime; (vii) has content or information that you know and believe to be incorrect or outdated. (viii)comprises of any content or information that you are not permitted to give under any fiduciary or contractual relationships or law;
You agree to post Content that do not infringe on third-party rights of any kind, including and not limited to rights to privacy and Intellectual
Property Rights.
Make known that you are the owner of a piece of musical composition’s copyright rights, inclusive of and not limited to the mechanical, sound recording rights, and performance, with respect to all aspects of the musical work (including lyrics) and sound recording included in the said
Content.
We reserve the right, although we are not obliged, to solely determine whether or not to reject and/or delete any Content that we believe infringes on these stipulations.
As a Client, you alone are accountable for the Content you post (whether or not they belong to you), and you are liable for the penalties and costsof uploading and/or publishing the materials.
Current Project/s
A Client must either approve or decline a current project when the final result is presented. The client is in charge of viewing, reviewing, commenting and approving the video project worked on by the Editor. Should the Client not communicate with Us for more then 10 (ten days),we may opt to terminate the project. The media files a client wants to get edited must be uploaded as a complete package. WHP will confirm the number of files uploaded. Once the client confirms the uploaded files the project will start. If more files will be uploaded later in the project then extra charges will apply.
Revisions
If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
A client is permitted to request One ( x1 Free ) revision which is included in the package price. Further revisions will be charged.
If a client is dissatisfied with any result during the editing process, requests for changes should be articulated within (5) calendar days after the delivery of the last version of the result. During the revision process “WHP” reserves the right to ask the client to give the full payment for the project before any other revisions can take place.
If a client is not completely satisfied with the production and result after (30) thirty calendar days after beginning of the project “WHP” may opt to terminate the project.
Fees and Billing
Should you decide to utilize paid features of our Service, you are aware that we add new products or services for extra charges, or adjust fees for current services.
The client is asked to pay Full Price ( or 25% of the project fees as a down payment in some cases ) at the start of each month or whenever a service is requested. Any down payment is non-refundable. The payment of the residual charges is due before the final result is delivered. Once all fees have been paid off, WHP will hand over the end product to the client.
A third-party payment processor is used to process all payments that go through the Service. We are not liable for any security or privacy breaches by the said processor.
All charges you incur through the utilization of your debit or credit card, or other payment methods are reflective of the prices in effect during the time said charged were incurred.
With No Warranties; “As Is” Service
Devoid of restricting the foregoing, “WHP”, as well as its licensors and subsidiaries do not guarantee that the content given is truthful, complete, correct or updated; that the video editing service provided will meet your standards; that the service will always be available at any specified time or place, continuous or protected; that any flaws or mistakes will be amended.
You alone are responsible for any destruction to your computer system or data loss which result from the usage of the service or from downloads which contain viruses and the like.
Service is rendered on either an “as is” or “as available” basis.
As allowed by the full extent of applicable law, provided service will not have any attached guarantees or warranties, inclusive of but not limited to fitness for a specified purpose, non-infringement or implied warranties of merchantability.
Scope of Liabilities
“WHP” shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, Brexit or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to WHP, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
WHP cannot be held liable for loss or damage caused as a result of third party action or failure.
WHP cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies WHP against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material
As allowed by the full extent of applicable law, under no circumstances will we, our agents, employees, affiliates, directors, suppliers or licensors be responsible and liable for any punitive, direct and indirect, special incidental, exemplary or consequential damages, inclusive of but not limited to damages incurred from profit loss, use, goodwill, data or other intangible losses which arise from the utilization of or inability of usage of this service.
In no event shall we be accountable for any damages, injuries or losses which arise from tampering, hacking or other unauthorized access or utilization of the service from your account, or misuse of your personal details contained therein.
As allowed by the full extent of applicable law, we assume no responsibility or liability for any and all (i) damage to property or personal injury which result from the use and access of the service; (ii)flaws, mistakes, inaccuracies or errors in your content; (iii) Trojan horses, viruses or the like which may be transferred to or through Viddedit by third-party entities; (iv) unsanctioned access to our secured servers as well as all the personal data that are contained in them; (v)cessations and interruptions of transmissions being done through the service; (vi) user content that contains illegal, criminal, defamatory or offensive acts or statements made by third parties, and/or (vii) oversights or mistakes in your content, or losses or damages acquired arising from any content posted, transferred, emailed or in any way made available through the service.
The foregoing limitation will be applicable to full extent allowable by law in the pertinent jurisdiction.
Take note that some states do not permit the omission of implied warranties, incidental or consequential damages, so limitations mentioned above may not be applicable to you.
Any exclusion, limitation of liability or disclaimer noted in this agreement will not relate to the extent forbidden by applicable law.
Copyrights & License
WHP retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
WHP assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Claims & Complaints
Any claims must be made in writing to WHP within 7 days of receipt of the commissioned product.
If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing to WHP, will be acknowledged by WHP within 14 days and a detailed reply will be issued to the client within a further 14 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to WHP.
Cancellation of contract / service
Monthly Rolling Contract – The customer have the right to Cancel Any Time !
As Our Pay as you go customer You can cancel with one weeks notice. As we schedule one week in advance, you maybe charged for a small amount of work carried out in the month you cancel.
The Customer agrees to pay the full fee for a full month, and thereafter from month-to-month and until terminated by either party serving a notice on the other in accordance with this Agreement.
Laws Governing Our Service
Basis of law:
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Western Hill Productions under UK law.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client and those of any other party.
These terms and conditions override This agreement will be governed by the laws of England and Wales.
These Terms and Conditions were last modified on August 8, 2020.
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Western Hill Productions ( 2020 | ver. 01.21 )
Western Hill Productions
Remote Wedding Films | Remote Wedding Video Production
Terms & Conditions
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Above all we want to offer our clients a fair deal, by providing an easy to use Remote Wedding Films & Remote Wedding Video Production service at affordable rates. We strive to make the best out of the material our clients send us and therefore differentiate ourselves through the quality of the result of our work. Should disputes or misunderstandings arise we will always try to find a reasonable and fair solution based on the Terms outlined below.
By employing the Remote Wedding Films & Remote Wedding Video Production services of Western Hill Productions, or supplying work related to our service, you are agreeing to these Terms. These are legal and binding.
Introduction:
A contract is formed between a customer (referred to as the “Customer”or “You”) and Western Hill Productions (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Definitions & General Terms:
In these Terms and Conditions the words ‘Western Hill Productions’ ‘WHP’ ‘Company’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Western Hill Productions, a UK registered Self Employed Business. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all video and other associated products created by Western Hill Productions, including all moving and still images and sound recordings of whatever form.
Supply:
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
Creative Brief:
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
The client who employs us to provide video editing services is aware of our video editing skills, abilities, and the style in which we edit videos, the client viewed our portfolio of previous projects that we have created for our clients in the pass, and is happy to proceed with the order. On the basis of the above-mentioned, the customer waives any claims for compensation, refund or additional project revisions.
1. The Service
Western Hill Productions Remote Wedding Films & Remote Wedding Video Production service includes videography tips/training, filming equipment, video planning, and editing.
2. The Website
The website or www.westernhillproductions.co.uk will contain the functionalities you need to use our service.
3. We or Us
The service and website are owned, ran and managed by Dawid Jachym | Western Hill Productions “we,” “WHP”, or “us”).
4. You
You or “Client”, is a customer of the Service or represents an individual or group considered to be a customer of the Service.
5. Content
Through the Service, the Client is required to provide video footage, other materials and content, and a description of the particular video project (these particulars are referred to collectively as “Content”) to the Editor.
6. Intellectual Property Rights
This refers to all current patent rights, mask work rights, rights of publicity, copyright rights, moral rights, trade dress and service mark rights, trademark, trade secret rights, goodwill and other intellectual property, as well as those that are to exist in the future, and all applications of the said rights and registrations, extensions and renewals thereof, under the laws of territory, country and state, or other jurisdiction.
Brief About Us
We render Remote Wedding Films & Remote Wedding Video Production services for the purpose of creating a wedding film. Clients send us their media files and in turn, the Editor edits the project into a video.
Usage of access of the Service by any persons under the age of 13 is strictly prohibited, and doing so will be in violation of this Agreement. Also, any individuals or groups which have been removed from the Service in the past by Us will not be allowed to employ the Service.
WHP reserves the right to modify and adjust these terms every so often. Otherwise explicitly mentioned elsewhere, all modified terms shall automatically take effect once they are made public.
A Client who opts to sign up, register or otherwise using the Service recognizes that he/she has read, comprehends and willfully agrees to be duty-bound by these Terms. If you do not wish to accept them, you will be unable procced with your order.
Contract Generalities
A. Agreement/Severability
WHP will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
Any confidential or proprietary information which is acquired by WHP from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, WHP will sign and adhere to the conditions of any legal Confidentiality Agreement used by the client.
Any contract requiring WHP to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with WHP, its servants or agents, as necessary.
This agreement, along with any modifications and any further contracts you may enter into with us in relation to the Service, shall establish the complete and total agreement between you and WHP.
If any facility of this contract is considered void by a court of competent jurisdiction, the baselessness of such provision will not affect the legitimacy of the other provisions of this Agreement.
When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by WHP unless any other written agreement is reached in advance.
Any monies held on account and unused will be returned subject to a 5% administration charge.
WHP reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or otherwise illegal.
Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
B. Agreement Modifications
Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes and projects.
Whether due to business-related reasons, marketing or law, we may send notifications via email, or through post (written and hard copy), or through posting on WHP’s website.
We determine the platform and method by which we notify our users, as long as you do not opt out of certain notification platforms or means as noted in this agreement.
We are not responsible for automatic filtering which you or your provider may have applied to the email address you have registered with us.
Your persistent and continuous use of the Service after it has been modified or updated means that you accept the new Terms of Use.
C. Assignment
While WHP may assign without restriction under this agreement, you may not transfer or assign any rights and licenses granted hereunder. Any and all attempts at transferring or assigning will be considered as violations, and will therefore be considered null and void.
D. No Relinquishment
Our failure to affirm any right or provision under this agreement shall not create a relinquishment of such provision or right.
The Rules of Our Service
We reserve the right to change the Service without prior notice; halt the delivery of the Service or its features to you or to users in general; or establish limitations to the Service.
Terms Concerning Clients
Through the Service, a Client will provide Content to an Editor.
The client’s requirements must be clearly provided to Western Hill Productions in writing before commencement of work and subject only to one set of minor alterations thereafter. Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. Two sets of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. All revisions must be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of £150.00 per day or part thereof.
The client is responsible for the filming process during the wedding day, the client must designate people ( e.g. family or friends ) who will be responsible for filming and operating the filming equipment we provide, the client and persons designated for filming undertake to follow our instructions, advice and short training provided by us.
The customer undertakes to use our equipment ("Our Smartphone Video Kit") with care, and respect.
The customer is obliged to return the equipment we sent him/her ("Our Smartphone Video Kit") in its original condition.
In the case of damaged equipment, the customer is obliged to cover the damage, repair or replace the damaged equipment with a new one. The completed video will only be released and delivered to the customer if the total cost of any damage is covered by the customer.
After the Wedding you ( the customer ) send us the video footage on the USB Memory Stick, which we included in your Smartphone Video Kit, Pack the entire Smartphone Video Kit, and the USB Memory Stick securely by using the "hard case" and postal bag provided by us, and then Send it back to us !
As soon as we receive the video footage, and our Video Kit from you, we will start editing your Wedding Film, Your Wedding Video will be Ready within 14 days !
A production will only be publicly released by WHP once the client approves all content as complete and satisfactory and confirms this in writing (e.g. email).
We will Deliver your Wedding Film Digitally (as Download link), and via online link for sharing on social media.
Content
Regarding Content, you assert, represent and certify it and our use thereof as intended in this agreement. The Service does not intend to violate any laws or third-party rights.
As a Client, you agree not to post Content that: (i)could potentially cause damage or loss to any individual or property; (ii) could possibly create loss, harm, emotional distress, physical or mental injury, disability, disfigurement, physical or mental illness or death to yourself, to another or to any animal; (iii)comprises any content or information that we believe to be harmful, unlawful, defamatory, abusive, racially or ethnically abusive, infringing, invasive of publicity rights or personal privacy, libelous, harassing, profane, threatening, humiliating to other people publicly or otherwise, or otherwise offensive; (iv) pursues to injure in any way or exploit children by subjecting them to content that is inappropriate; (v) consists of any content or information that is criminal (inclusive of, with no limitations, the disclosure and distribution of insider information of another party’s trade secrets under securities laws); (vi) could possibly represent or further tort or a crime; (vii) has content or information that you know and believe to be incorrect or outdated. (viii)comprises of any content or information that you are not permitted to give under any fiduciary or contractual relationships or law;
You agree to post Content that do not infringe on third-party rights of any kind, including and not limited to rights to privacy and Intellectual Property Rights.
Make known that you are the owner of a piece of musical composition’s copyright rights, inclusive of and not limited to the mechanical, sound recording rights, and performance, with respect to all aspects of the musical work (including lyrics) and sound recording included in the said Content.
We reserve the right, although we are not obliged, to solely determine whether or not to reject and/or delete any Content that we believe infringes on these stipulations.
As a Client, you alone are accountable for the Content you post (whether or not they belong to you), and you are liable for the penalties and costsof uploading and/or publishing the materials.
Current Project/s
A Client must either approve or decline a current project when the final result is presented. The client is in charge of viewing, reviewing, commenting and approving the video project worked on by the Editor. Should the Client not communicate with Us for more then 10 (ten days),we may opt to terminate the project. The media files a client wants to get edited must be uploaded as a complete package. WHP will confirm the number of files uploaded. Once the client confirms the uploaded files the project will start. If more files will be uploaded later in the project then extra charges will apply.
Revisions
If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
A client is permitted to request Two ( x2 Free ) revisions which are included in the package price. Further revisions will be charged.
If a client is dissatisfied with any result during the editing process, requests for changes should be articulated within (5) calendar days after the delivery of the last version of the result. During the revision process “WHP” reserves the right to ask the client to give the full payment for the project before any other revisions can take place.
If a client is not completely satisfied with the production and result after (30) thirty calendar days after beginning of the project “WHP” may opt to terminate the project.
Fees and Billing
Should you decide to utilize paid features of our Service, you are aware that we add new products or services for extra charges, or adjust fees for current services.
The client is asked to pay Full Price ( or 25% of the project fees as a down payment in some cases ) at the start of any project or whenever a service is requested. Any down payment is non-refundable. The payment of the residual charges is due before the final result is delivered. Once all fees have been paid off, WHP will hand over the end product to the client.
A third-party payment processor is used to process all payments that go through the Service. We are not liable for any security or privacy breaches by the said processor.
All charges you incur through the utilization of your debit or credit card, or other payment methods are reflective of the prices in effect during the time said charged were incurred.
With No Warranties; “As Is” Service
Devoid of restricting the foregoing, “WHP”, as well as its licensors and subsidiaries do not guarantee that the content given is truthful, complete, correct or updated; that the video editing service provided will meet your standards; that the service will always be available at any specified time or place, continuous or protected; that any flaws or mistakes will be amended.
You alone are responsible for any destruction to your computer system or data loss which result from the usage of the service or from downloads which contain viruses and the like.
Service is rendered on either an “as is” or “as available” basis.
As allowed by the full extent of applicable law, provided service will not have any attached guarantees or warranties, inclusive of but not limited to fitness for a specified purpose, non-infringement or implied warranties of merchantability.
Scope of Liabilities
“WHP” shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, Brexit or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to WHP, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
WHP cannot be held liable for loss or damage caused as a result of third party action or failure.
WHP cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies WHP against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material
As allowed by the full extent of applicable law, under no circumstances will we, our agents, employees, affiliates, directors, suppliers or licensors be responsible and liable for any punitive, direct and indirect, special incidental, exemplary or consequential damages, inclusive of but not limited to damages incurred from profit loss, use, goodwill, data or other intangible losses which arise from the utilization of or inability of usage of this service.
In no event shall we be accountable for any damages, injuries or losses which arise from tampering, hacking or other unauthorized access or utilization of the service from your account, or misuse of your personal details contained therein.
As allowed by the full extent of applicable law, we assume no responsibility or liability for any and all (i) damage to property or personal injury which result from the use and access of the service; (ii)flaws, mistakes, inaccuracies or errors in your content; (iii) Trojan horses, viruses or the like which may be transferred to or through Viddedit by third-party entities; (iv) unsanctioned access to our secured servers as well as all the personal data that are contained in them; (v)cessations and interruptions of transmissions being done through the service; (vi) user content that contains illegal, criminal, defamatory or offensive acts or statements made by third parties, and/or (vii) oversights or mistakes in your content, or losses or damages acquired arising from any content posted, transferred, emailed or in any way made available through the service.
The foregoing limitation will be applicable to full extent allowable by law in the pertinent jurisdiction.
Take note that some states do not permit the omission of implied warranties, incidental or consequential damages, so limitations mentioned above may not be applicable to you.
Any exclusion, limitation of liability or disclaimer noted in this agreement will not relate to the extent forbidden by applicable law.
Copyrights & License
WHP retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
WHP assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Claims & Complaints
Any claims must be made in writing to WHP within 7 days of receipt of the commissioned product.
If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing to WHP, will be acknowledged by WHP within 14 days and a detailed reply will be issued to the client within a further 14 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to WHP.
Laws Governing Our Service
Basis of law:
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Western Hill Productions under UK law.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client and those of any other party.
These terms and conditions override This agreement will be governed by the laws of England and Wales.
These Terms and Conditions were last modified on August 8, 2020.
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Western Hill Productions ( 2020 | ver. 01.21 )
Western Hill Productions
Wedding Films | Wedding Video Production
Terms & Conditions
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1. A non-refundable deposit of £100.00 is required to confirm a booking and reserve the date. This deposit will be deducted from the initial agreed cost. A further £xxx.xx / ramaining amount is payable 1 month before your wedding.
2. Cooling off period which is 14 days.
3. On receipt and banking of deposit, this contract is accepted by both parties and becomes a legally binding agreement
4. In the event that more than one client wishes to book wedding services on the same day, preference will go to the first client to pay the deposit.
5. Rescheduled weddings will only be accommodated if the new date does not conflict with another booked wedding - forfeiting of deposit may occur.
6. The client reserves the right to terminate the contract for any reason at any time up to the date of the event. Should the client terminate the contract, Western Hill Productions will be entitled to keep any monies paid.
7. It is understood that Western Hill Productions is the exclusive Videographer retained and commissioned by the client to cover the wedding. Any conflicts with other photographic and/or video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client. Friends and family are permitted to operate video cameras on the condition that they do not interfere with or get in the way of the professional coverage.
8. It is the client’s responsibility to secure access to areas for videography. “WHP” will not be responsible for video coverage lost due to access restrictions.
9. Virtually all Churches/Marriage registered premises allow the video recording of the marriage ceremony, however you must get permission from the church minister/co-ordinator, and to be aware of any restrictions, charges or conditions that they may impose – this information must be given to “WHP” in advance of the wedding. Payment of any such requested license will be the client’s responsibility. Please state that “WHP” is a qualified, professional and experienced videography business, this is their assurance of professional behaviour whilst on church premises. “WHP” will record the marriage service as permitted from a suitable position as allowed by the church minister/co-ordinator/registrar.
10. Note the videographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, venues may restrict the use of lights or limit access to locations. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
11. Client assumes all responsibilities for obtaining any necessary permission, clearance permits, license etc., which may be required for “WHP” to film the wedding day, public or private. The client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions.
12. The client is to ensure that the camera does not record any undesirable or unwanted sounds during the vows or speeches, for example noisy room air conditioning systems, extractor fans etc. Whenever possible please ask the Hotel or venue to briefly turn these off to ensure crystal clear sound recordings.
13. “WHP” will not be held liable for any production problems beyond our control e.g. bad weather, accidents, poor acoustics/lighting or background noises, interference from guests, poor audio if the groom does not agree to wear a lapel microphone, dark or grainy video resulting from inadequate lighting or electrical or mechanical malfunctions on location that are beyond our control. It is understood that the quality of the production is dependent upon adequate lighting, camera/microphone positions and other conditions not necessarily under the control of “WHP”.
14. If “WHP” fails to comply with the terms of this agreement due to any event or at beyond the control of “WHP”, including but not limited to illness, accident, acts of God, other catastrophes, or uncontrollable and unforeseeable equipment failure, “WHP” liability is limited only to a refund of all monies received. In the unlikely event of this happening, “WHP” will also help with the finding of an alternative videographer.
15. “WHP” reserves the right to discontinue filming in any situation e.g. rain, extreme temperatures, humidity, hazardous locations, that could put the safety of the videographer or equipment at risk.
16. The wedding highlights video ( if Applicable ) will normally be produced within 3 weeks of the wedding with the final video media being supplied within 8 weeks after final payment is received. However, at certain times e.g. peak season, this may take longer.
17. Upon taking possession of the finished product, the client must inform “WHP” of any technical or other problems with the video, within seven days. After seven days, if no notification has been received, the client will be deemed to be satisfied with the product.
18. Editing a wedding video is an extremely time-consuming exercise, a typical wedding video will take up to thirty five hours to edit plus video media to be produced. All editing is done alone by “WHP”; however please feel free to discuss any special ideas or preferred editing styles beforehand. Even minor alterations can be very time consuming. Any alterations other than for obvious mistakes i.e. spelling mistakes, will be chargeable @£35 per hour.
19. The client has critically viewed samples of “WHP” video work and hereby grants full editorial and production control to “WHP” regarding all aspects of the production and post-production services for the event. In the event a particular segment of the event is either not recorded, partially recorded, or not a part of the final edited video, it is at the sole discretion of “WHP” as the exclusive producer of the events video recording.
20. “WHP” will take enormous care to ensure the capture of your wedding day on video. In the extremely unlikely event of total or partial video and/or audio failure, where it is the fault of “WHP”, or due to technical problems, or exceptional unforeseen circumstances or cancellation of this contract by either party for any other circumstance the liability of one party to the other shall be limited to the amount paid to date. Neither party shall be liable for indirect or consequential loss. In the event of a part of the event not being recorded we will in that case return a fair proportion of the amount paid to date. Whilst every reasonable effort is made to record significant parts of the event we cannot guarantee to capture any particular aspect of the event.
21. All personal property provided by client to “WHP” for utilisation in the post-production of their wedding video is received by “WHP” at the complete and total risk of the client. “WHP” will make every effort to insure the safekeeping of a client’s personal property while in its possession and return same to client upon delivery of the final video media.
22. Copyright of the Highlights Video and Wedding Days Video will be transferred to the client on receipt of full payment. All video masters and raw footage remain the exclusive property of “WHP”. However, video footage may be used by “WHP” for the purpose of demonstration, promotion or advertising by discretion – this does include the Highlights Video being available on “WHP” website for others to view (this may be waivered if specifically requested). Copies of the final video media will be available for up to at least one year after the date of the wedding.
23. “WHP” produces DVDs, Blu-ray discs and video files using up-to-date methods available and records video in the most compatible and common formats. “WHP” is not responsible for incompatibility issues with client’s video monitoring and playback equipment. However, “WHP” is prepared to work with the client to solve such issues and reserves the right to charge appropriately for such services.
24. “Full day coverage” includes: Bridal Preparation, Arrivals, Ceremony, Reception, Wedding Video Shot, Speaches, Filming Bride & Groom Cutting their wedding Cake and, First Dance. ( Check your Package if “Full Day Cover” is Included in it )
25. Please note travel costs to far away locations is not included within the price.
26. Your completed wedding day video might begin with childhood photographs, or if you prefer, some of your own personal video footage, or a mixture of both, OPTION 2: Bride & Groom’s Love Letters ( see you Package and Instruct us which option would you prefer )
27. The videographer(s) will be allowed one 20 minute break at their own discretion, and bathroom breaks when necessary. Each videographer will be provided a full guest meal for weddings lasting longer than 5 hours.
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Above all...a creative spirit to capture your wonderful day in video - memories that you will treasure
©2020 Western Hill Productions
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Note: REVISIONS vs Edit Error
This note has been prepared just to clarify a few aspects in regards to our editing work for any old, current or future customers using our services.
As you read your package description booked with us (WHP) or the contract between you (the customer) and us (WHP) you will notice that none of the packages when it comes to edited products include EXTRA REVISIONS or CUSTOMERS REQUESTS.
We are trying to edit in our own style based on the footage captured on your day following the contract and the package description. Unfortunately we can not read customers minds and edit as they wish. Making changes to an edited video as requested by a customer require extra time and obviously extra payment. No one would like to work a few extra hours in the factory free of charge as far as we are concerned. If you wish to edit in your own style (no problems at all) simply purchase the unedited footage from us (current price £200) and hire another editor or edit in your own time.
Re-editing/ adjusting your edited video because of an error/s it is included in all the packages indeed and will be fixed at no extra costs. However errors doesn’t mean the same thing with making revisions or apply special request to your edited videos. Errors are completely something else and we will attach a few editing errors as a sample guide below for anyone to see.
Revisions or Requests to your edited videos are not free of charge and samples will be also listed below for you all to see. Whenever we have to make a revision or apply a special request to an edited video will lose a minimum of 2x hours or more out of our usual working day. This revisions or requests will create delays for other customers waiting their edited product and is not fair on us as a business working free of charge.
ERROR’s Samples:
The Sound during Ceremony or Speeches it is out of sync.
Picture goes black for few seconds during the video (exception when we applied fade in and fade out as part of the editing style).
Title is not spelt correctly.
Part of our wedding day missing i.e. a chapter has not been included into the final version video.
REVISION’s & CUSTOMERS REQUEST’s Samples:
Change of music choice or change the order of the music choice.
Change the music for Highlights.
Cut out parts of the Speeches.
Everything not included in the Error’s Samples List means Revisions or Requests which is not free of charge.
Revisions and Requests starts from £35ph and can go up to hundreds of pounds depending on your requests and our time required in front of the PC to complete the task/s. If you still needs additional clarification please private message our page or send us an email and will try to offer you more support.
Many Thanks
“WHP”
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For further information about these video production terms and conditions please contact:
Dawid Jachym | Western Hill Productions
Tel: +44 (0) 77 075 833 27
www.westernhillproductions.co.uk
Email: westernhillproductions@gmail.com | dawidsjachym@gmail.com