Terms and Conditions

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video production company

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“RAW’s support for the National Memorial Arboretum has been key in taking our messages to the widest possible audience.  The team have successfully captured our essence and produced great video that does justice to this remarkable place”

Andrew Baud
Director – Tala PR

Terms & Conditions

RAWvideo / RAWvideo Ltd.

Terms and Conditions of Contract

As at 1st January 2010

Definition:

1. RAW – Meaning RAWvideo and/or RAWvideo Ltd.

Terms:

1. Unless agreed otherwise in writing, 50% of the invoice as a deposit must be paid after terms of contract are agreed and at least 14 days prior to commencement of work. The remaining 50% shall be payable on completion of the video, audio or multimedia project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.

2. For all invoices RAW will require payment upon completion of transfer of goods or services to the purchaser

3. For account customers and pre-arranged projects, RAW will issue an invoice at an agreed point in the project to be paid within 30 days unless agreed otherwise.

4. RAW’s fees shall be exclusive of disbursements and expense items related to the agreed programme such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disk or tape duplications, creation of audio and video streaming files, travel, accommodation, subsistence, insurance, fax charges and similar items which will be invoiced to the client on the relevant project, or separately as necessary.

5. If payment is not received within 30 days of the invoice date, RAW will automatically charge interest at a rate of 5% above the Bank of England’s base rate per annum, which will be added to the customer’s account.

6. Unless authorised prior to project commencement, payment may be made by bank transfer, PayPal, cheque or cash only.

7. All cheques must be made payable to RAWvideo.

8. The customer’s requirements must be clearly provided to RAW in writing before commencement.

9. Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement.

10. A video programme will only be publicly released by RAW once the customer approves all content as complete and satisfactory and confirms this in writing.

11. A customer may terminate the contract at any time by written notice of termination.

12. When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by RAW unless any other written agreement is reached in advance.

13. Any monies (excluding the deposit) held on account and unused will be returned subject to a 5% administration charge.

14. RAW 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 illegal.

15. Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information, its inclusion may be considered.

16. RAW cannot be held liable for loss or damage caused as a result of third party action or failure. This includes, but is not limited to:

  • Power cut or failure
  • Loss of data/tapes in transit
  • Data corruption outside of RAW offices

17. The client shall provide appropriate security arrangements for any filming outside of the United Kingdom for which RAW provides crew or equipment and such arrangements shall be notified to RAW in writing in advance of travel to that jurisdiction.

18. RAW cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.

19. Customer contracts may be modified by mutual agreement in writing at any time to add or delete services to better fit the customer’s needs.

20. 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.

21. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.

22. RAW will not commence work on any project until a signed purchase order or equivalent official document has been provided by the client.

23. In consideration of, and subject to, the final payment of full fees due to RAW by the customer, RAW hereby assigns to the customer with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content.

24. Any confidential or proprietary information which is acquired by RAW 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, RAW will sign and adhere to the conditions of any Confidentiality Agreement used by the client.

25. Any contract requiring RAW 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 RAW, its servants or agents, as necessary.

26. RAW office hours are 10.00 a.m. to 6.00 p.m. Monday to Friday unless notified otherwise. Shooting/Recording schedules will be agreed prior to commencement and daily rates agreed. Overtime parameters will be stated on any quote/invoice and must be honoured unless agreed by writing otherwise.

27. The RAW day rate is charged for upto a 10-hour day, any time above this is considered overtime and shall be charged accordingly. RAW half-day rate is for a 4-hour day, if the job runs over this time period it shall be deemed a full day and charged accordingly. For work that is during weekends, bank holidays, or what could be considered anti-social hours a further charge may be necessary.

28. Any claims must be made in writing RAW within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.

29. Should the customer have cause to make any complaint about service or product the complaint, if put in writing, will be acknowledged by RAW within 14 days and a detailed reply will be issued to the customer within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to RAW.

30. RAW 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 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 RAW, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

Signed on behalf of RAW

………………………………………………..………….

Name:                                                Date:

Signed on behalf of Customer

………………………………………………..………….

Name:                                                Date: