1.1 Bookings are accepted on these terms and conditions only.
No condition may be added, omitted or altered unless we have agreed to it in writing with you.
1.2 Any addition, omission or alteration that we may agree does not affect any other term or condition.
1.3 When you sign the booking form, you will be deemed to have read and accepted these terms and conditions.
1.4 You specifically confirm to us that the information you have provided in this booking form (and any other forms) is true and accurate in all respects.
2.1 Once a booking has been accepted you must immediately pay the booking fee that we have agreed. Until we have received the booking fee and deposit (and if any cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the deposit and we shall be entitled to enforce it.
2.2 You must pay us the balance of the price (shown on the booking form) in full (and if by cheque that, cheque has cleared) at least 14 days before the Event is to take place. If you do not do so we will not have any liability to you, and if we have so decided we shall be entitled in our absolute discretion to forfeit the whole or part of the deposit.
2.3 If you cancel this booking:
(1) more than 90 days before the date of the event then the deposit will be
forfeited, but no further sum is payable by you;
(2) within 90 days of the date of the event a sum amounting to 50 per cent of the price payable by you;
(3) within 30 days of the date of the event a sum amounting to 95 per cent of the price payable by you.
2.4 Any cancellation must be notified to us in writing addressed to us at the address shown on the booking form.
Restrictions on our liability to you.
(Please note this section is important and should be carefully read by you since it limits your rights. Please ask us if you need any further clarification).
3.1 We will make every reasonable effort to secure a replacement cameraman if for any reason the cameraman is unable to carry out the engagement.
In those circumstances however, our liability to you is limited to making a refund of the sums that you have paid us in respect the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all the equipment we use for your Event is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. In the event of part of the event be recorded we will in that case return a fair proportion of the price.
3.3 Although we make every reasonable effort to record significant parts of the Event (including any part of the ceremony) the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurances that we will successfully record any particular aspect of the Event (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the event does not give you any right to refuse to pay the Price or obtain a refund.
3.4 When you enter into this booking you accept that we cannot accept any liability whether it is financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this booking, except for our obligation to return all or part of any sums you have paid to us in accordance with these conditions.
3.5 We will carry out our services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as Supply of Goods and Services Act 1982 or the Sale of Goods Act 1993) or arising under common law is excluded as far as it is possible to do so.
3.6 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss and that will then increase our prices. You accept that you understand this and agree that it is reasonable for us to limit our liability in this way.
3.7 With the DVD-R production method, we cannot guarantee that all the DVD-R discs will operate on all types of DVD set-top players and/or all types of DVD drives. This is an industry issue that has not yet been solved, and is not a function of the high quality DVD-R media supplied. By using high grade DVD-R media we aim to ensure that the DVD plays to the majority of DVD players.
Ownership of the Master Tape and copyright
4.1 The master tape remains our property. Copyright in the master tape is vested in us.
This means that:
4.1.1 We reserve the right to dispose of the master tape in our absolute discretion.
4.1.2 We do not accept liability in relation to any loss of and/or damage to the master tape.
4.1.3 Neither you or anyone on your behalf are allowed to make copies of any tapes, disks or other recorded media unless we have agreed in writing that you may do so. Please note that the copying of tapes, disks etc. without our consent is a breach of copyright for which you may be liable in damages.
4.2 Master tapes are kept for a period of one year.
4.3 We reserve the right after you have received your copy of the tape, disk etc to show it or part of it to any prospective client who may wish to see a sample of our work, or to enter the work into competitions or use extracts in our show reel. We will NOT release any part for public showing or broadcast without your prior written consent.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the Event that all persons attending the Event have consented to being recorded on the media.
5 If you ask us to provide any extra services after you have signed the Booking form these may be subject to additional payments which we will agree with you. Those extra services will, if accepted by us, be carried out on the basis of these terms and conditions.
6 Please note that it is your responsibility to obtain consents from the owners of Licensed Premises or other venues where the Event is being held and all other persons involved in the event, such as persons conducting the ceremony, the choir, the organist and other musicians to record the event before it takes place and to pay any fees charged by them. If you fail to do so, this may mean we are unable to record the ceremony or the Event or release the tape, disk etc to you until that consent (which is required for copyright reasons) has been obtained.
Schedule and Quality Control
7.1 We will try to agree a schedule of contents of the recording with you. Please note that the contents of that schedule, does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished tape/disc unless you tell us to the contrary in writing within two (2) weeks of the tape/disc being sent to you. You must tell us in as much detail what your complaint is. If we have received no complaint with the time specified we shall be entitled to assume that you are satisfied and we are under no obligation to accept any complaint.
7.3 We will use all reasonable efforts to deal with any complaints promptly and if it is something we can remedy we will do so. If we do not consider your complaint to be valid we will tell you so promptly.
7.4 If you disagree with our assessment you may write to our associations Arbitration Service and request them to investigate the matter. Their details are: The Institute of Videography, P.O.Box 625. Loughton IG10 3GZ
7.5 In referring a complaint to them we will agree with their decision, which will also be binding on you.
8 In these terms and conditions ‘us’ and ‘ours’ means ‘Z-Ten Video Produtions’ or their authorised representatives
‘you’ is the person or persons making the booking and who are entered into the legal obligation. The ‘Booking form’ is the form signed by you and set out overleaf and which forms part of this Agreement. ‘Price’ and ‘Deposit’ means the contract price payable to us for the services and the advanced deposit respectively. The ‘Event’ is the ceremony and associated activities that you have asked us to record and which is detailed in the Booking form.