Terms and Conditions
Application of these terms
These terms and conditions shall apply in respect of all goods and services we supply to you. Except to the extent that these terms and conditions are varied by mutual consent they, together with the brief, quotation and signed contract, shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
- Payment: The Producer offers to produce the Project for the Client in exchange for valuable consideration agreed. A percentage of this is to be payable immediately upon agreement of this document, and prior to the commencement of any work undertaken. The price for the project shall be the price as stated in the Project Agreement. Payment of the price shall be made by the Client, in two parts. Upon agreement, a 50% deposit will be payable, with the remaining 50% payable upon delivery of the Project. Once Blinkback Ltd has fulfilled its obligations in connection with the project, full settlement will be due. Projects of extended duration will require 50% deposit followed by payment in instalments as the work is undertaken.
- Acceptance and Changes: The Producer will remain in communication with the Client regarding the creative development of the project. It is the Client’s responsibility to ensure that the agent engaged in these communications has the authorisation to make decisions about the Project. Once each stage of the Project has been approved by the Client, changes may not be made to these approved stages without renegotiation of budget. The number of revisions included in the Project are stated in the Project Agreement. Any revisions requested by the Client exceeding the number stated in the Project Agreement will be subject to a charge at a daily rate for services provided. The Service shall be made available for acceptance at agreed stages. At each agreed stage changes to the Service shall only be permitted to the extent that such changes are consistent with the brief. Other than as stated in clause 5 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate. including the following: Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service; Changes that result from a significant change to the brief; Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.
- Licence: No other use of the Project is anticipated, nor have terms of consideration been agreed upon for any but the use specified in the Project Agreement. Any footage or copies stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such footage are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied electronically or by any other means any DVD/electronic file created as part of this contract without the permission of BlinkBack Ltd in writing. Digital files remain the property of BlinkBack Ltd. BlinkBack Ltd retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of BlinkBack Ltd promotional use, unless otherwise agreed in writing with the Client.
- Cancellation: In the event of cancellation by the Client the deposit is non refundable. Should the Client wish to terminate the Project and the works completed on the Project exceed the deposit paid, the Client must settle the remaining balance. If deposit paid exceeds works completed at the time of cancellation, at the Producers discretion, a partial refund may be given calculated at daily rate and to include the purchase of any services products or any funds released in relation to the Project.
- Force Majeure: Blinkback Ltd 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) 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 BlinkBack Ltd, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
- Client Obligations: Co-operate with the Producer in all matters relating to the Project. Provide the Producer with such information and materials as may reasonably be required in order to supply the Project and ensure that such information is complete and accurate in all respects. Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Project is to start. If the Project or any of its obligations under the Service Agreement is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation, Blinkback Ltd shall without limiting its other rights or remedies have the right to suspend the project. Blinkback Ltd shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from this clause.