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Terms

Our Terms & business

------------------------------------------------------------------------------PAVIDEO TERMS AND CONDITIONS------------------------------------------------------------------------------Please feel free to read our full Terms & Conditions as stated out below. They are in place to protect our clients & Paul Anthony Video & Photography with full legal representation as a professional registered business trading within the United Kingdom.1.0 DEFINITIONS 1.1 "Company" means PAvideo. 1.2 "Client" means the individual or organisation that purchases or agrees to purchase Products supplied by the Company.1.3 "Conditions" means the terms and Conditions of sale set out in this document and any special terms and Conditions agreed in writing by the Company. 1.4 "Products" means those goods and services specified and offered by the Company to the Client. 1.5 "Rate" means the price relating to the Products and / or services excluding carriage, packing or insurance, and where applicable, VAT.1.6 "Project" means the assignment, job or event for which the Company has been enlisted to complete for the Client.2.0 CONDITIONS APPLICABLE 2.1 The Company shall present the Products to the Client who shall enter into an agreement in accordance with any quotation supplied by the Company verbally or in writing, which is accepted by the Client. 2.2 Any written order by the Client, which is accepted by the Company, is subject in either case to these Conditions, which shall govern the contract to the exclusion of any other terms and Conditions.2.3 Any Variation of these Conditions, (including any special terms and Conditions agreed between the two parties) shall be required in writing prior to the commencement of any agreement entered into. In absence of any such special terms, the Client is referred in the first instance to these Conditions presented in this document. 2.4 Any typographical, clerical or other error or omission in any sales literature, web page, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.2.5 Agreements made between the Company and the Client in writing shall be honoured by the Company unless otherwise negotiated in the case of such an error as described within paragraph 2.4. The Company shall not be liable to additional loss and damages by the Client beyond the confines of the agreement. 2.6 If any provision of these Conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of those provisions in question shall not be affected. 2.7 Notwithstanding any other provision contained herein, title to all goods supplied by the Company to the Client shall not pass until the Client has made payment in full, in cleared funds, to the Company in respect of all goods supplied by the Company.2.8 This agreement shall become legal and binding once, the 20% deposit has been credited to the Company in cleared funds from the Client. A deposit taken by the company is clearly defined verbally or in writhing as non-refundable in the event of a cancelation there for it’s the Client’s responsibility to understand this agreement prior to booking with the Company. By releasing a deposit to the Company, the Client agrees to be bound by the terms herein.3.0 PERCENTAGE RATE, PAYMENT & RIGHTS TO CANCEL3.1 As provided otherwise herein the Rate shall be that as stipulated in the Company’s published price list current at the date of order of the Products. 3.2 Any event of any increase in the cost to the Company of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange-rate the Company may increase the price payable under the contract upon written notice.3.3 To secure any booking, a 20% deposit of the total agreed Rate is required. Until this deposit has been received, the Client’s date is still open to an alternative booking by another party. This deposit is non-refundable. Any booking made without the appropriate deposit will not be guaranteed and the Company will have no obligation in attending the Project. A 2nd deposit 30% of the outstanding payment is then due no later than two-four weeks prior to the Project, with the final invoice of 50% due to be paid within 30 days from the project start date. The Company upon each stage of payment for the Client’s records issues a confirmation letter with receipt or details of final invoice payable on the return of a contract. The company will not be liable for or any unreturned, late or lost contract form that has been issued to a Client during a consultation or request. The Company however will do its best to inform a Client that it is their sole responsibility to return a completed contract form back to the company A.S.A.P to verify project date, time & place. Failure to abide by these issues raised can lead to same day project enquires & double bookings. Without a Clients return of contract a booking becomes void within 30 days of its issue. The Company has the right to prolong this time period as it sees fit. For example delays in planning a project finding a venue or venues to hold events, change of plans last minute, holidays, budget reviews, redundancy or personal injury are taken into consideration in receiving a delayed contract form or late payment from a Client..About Missed payments may render the arrangement void with no refunds granted to the Client. The Company reserves the right to cancel the booking with the Client no later than four weeks prior to the Project providing a full refund to the Client and without liability.3.4 The Client is entitled to cancel the agreement / contract with the Company at any time. In doing so, the Client accepts that they will lose any funds already paid to the Company, in full or in part towards the Products entered into, regardless of the status of the Project at the time of cancellation. Furthermore, the Company reserves the right to pursue the Client for outstanding debts owed to the Company for, but not limited to, materials, labour, overheads and allocated time appointed to the Client upon the duration of the agreement / contract outstanding at the time of cancellation.3.5 Payment of the Rate shall be due subject to agreed terms. The Client shall make payment in full within 30 days following the issue of an invoice unless agreed otherwise. Time for payment shall be of the essence. The Client will pay the price in full without discount, (except any discount allowed by these terms) deductions, set off or abatement of any ground.3.6 The Company reserves the right to apply interest to the Client’s invoice should payment exceed the 30 days allowance. This shall accrue from the date when payment becomes due until the date of payment at a charge of 6% above the Bank of England’s base-rate, per annum. This will be charged and applied on a day to day basis and shall accrue at such a charge after, as well as before, any judgement until payment is received in full and in cleared funds.3.7 The Company also reserves the right to claim reasonable debt recovery costs in pursuing such debt by the Client. Cost relating to debt recovery agencies, solicitors, court fees and interest as described in paragraph 3.6, maybe combined and added to the Clients outstanding account. The Client will then be liable for the settlement of such costs to the Company who shall be notified in writing before enforcement action commences.3.8 Delivery and shipping of the Products shall be classed as a separate contract bound by these Conditions. 3.9 Deposits paid by the Client to the Company are non-refundable, Should the Client cancel the order on which a deposit has been paid the Company has the right not to make a refund of any deposits.3.10 If the Client fails to make any payments in accordance with the terms and Conditions hereof, the Company, in addition to its other rights and remedies but not in limitation thereof, at its option may defer deliveries or services under any contract with the Client. This condition will remain in place until such a time that cleared funds are received from the Client prior to deliveries or services resuming.4.0 THE PRODUCTS 4.1 The quantity and description of the Products shall be set out by the Company within any quotation / sales order / invoice. 4.2 The Client may make any changes in the specification of the Products, which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Client’s specification. 4.3 No order which has been accepted by the Company may be cancelled by the Client save with the agreement in writing of the Company and on terms that the Client shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, changes and expenses reasonably incurred by the Company as a result of cancellation.4.4 Duplications of the Product created for the Client from the original can be obtained from the Company on a variety of media. These are charged to the Client at the current duplication rate with a standard DVD or CD copy costing £15.00 & BLU-RAY disc copy costing £50.00 these prices quoted do not include case.Data Transfer/Re-edit of a clients CD/DVD/BLU-RAY is free within the first seven days of its delivery after proofing, however charges will be applied thereafter at our current rate of £45.00 per hour. Raw Footage or Rushes from the Project are stored digitally and are obtainable from the Company. This service is charged at an hourly Rate in direct relation to the recorded material referred.4.5 The Company draws particular attention to the copyright attached to each and every Product produced by the Company, and unless otherwise expressly stated in writing between both parties, remains in the sole ownership of the Company. Duplication, lending, hiring, public performances, broadcasting, editing and distribution for profit or otherwise is strictly prohibited unless agreed by the Company in writing. Fees determined by the Company may be applicable to the Client should the Client so wish to obtain the full copyright licence for their product. This would effectively transfer rights over to the Client in determining duplication and distribution arrangements of their Product without consequence, restriction or loss.4.6 Soundtracks may be included for the final Product by the Client but it is the Client’s responsibility to obtain the relevant copyright agreement from such parties. Disputes arising from copyrighted material to the Company under such circumstances shall be directed towards the Client in the first instance. Copyright free soundtracks are available as an alternative.4.7 The Company reserves the right to display, edit, sell, broadcast and exhibit the Product in part or in its entirety and at its discretion unless otherwise agreed in writing by the Client. This may be for demonstrational purposes by the Company.5.0 WARRANTIES AND LIABILITY 5.1 The Company warrants that Products sold as new will be free from defects in materials and workmanship for a period of 90 days from the delivery date (‘the warranty period’). If the Client returns to the Company, any Products, which the Client claims, are in breach of this warranty not later than the expiry of the warranty period and in accordance with clause 4.0, the Company shall endeavour to rectify or replace such Products.5.2 Manufacturers warranty may be longer than the warranty period and in these instances, the Company shall make its best endeavours to assist the Client with the arrangements for manufacturer’s warranty. 5.3 The Company shall at its own expense and within a reasonable time of receiving those Products, investigate the Client’s claim and the Company may repair or at its option replace the Product or such parts of the Product as are defective. 5.4 Upon returning Products, the Client shall provide a written description of the defect in which the Client is covered by the warranty as well as to include the original invoice or receipt (or copy thereof) issued by the Company for those Products. If the Client fails to provide adequate proof of purchase then the Company shall have no obligation to consider the Client’s claim for breach of warranty.5.5 The warranty contained within paragraph 5.1 is continued on the proper use of the Products by the Client and does not cover any part of the Products, which has been modified without the Company’s prior written consent. In addition, Products which have been subjected to unusual physical or electrical stress or on which the original identification marks have been removed, or where such repair attempts have been made without the Company’s knowledge, hazard, misuse of failure or fluctuation of electrical power, air conditioning, humidity control, transportation or other causes other than ordinary use. 5.6 In any event and in no circumstances shall the Company be liable in contract, (including negligence or breach of statutory duties) for any increase in costs or expenses relating to loss and damages, business contracts, revenues or anticipated savings, or for any special direct / indirect or consequential damage of any nature whatsoever by the Client or their associates.5.7 Procedures are in place to protect the Client from the unlikely event of a non-conforming Product. These include, but are not limited to, poor image and / or sound integrity, failure to digitally record / capture an event (physically or mechanically), inferior film stock, loss of original footage through transit, fire or theft. 5.8 All equipment is checked by the Company prior to a Project for correct running operation. If a fault is detected prior to the Project, the Company will correct by either repair or replacement. This also applies to loss, theft or damage of equipment prior to a Project date. Faults, which develop during the Project, will be dealt with to the best of the operator’s ability. In the event of a complete system failure, the Company depending upon the circumstances involved may issue a part or full refund.5.9 In the unlikely event of ill health preventing the original operator attending the Project, every effort will be made for a replacement operator - even if this is at short notice. The quality of the Client’s Product will not be compromised. If a replacement operator cannot be found then a full refund will be paid only, and without liability, by the Company.6.0 DELIVERY OF THE PRODUCTS6.1 Delivery of the Products shall be made by the Company utilising at his discretion the most secure and cost-effective means possible. Charges for delivery to the UK mainland shall be bases or charges by the Company’s carriers for the appropriate weight of the Products plus any reasonable amount determined by the Company for packaging and labour costs.6.2 Under normal circumstances, the Company expects to present the Client with the final product within 90 days from commencement of the Project date. This may vary due to, but not limited to, system failure, maintenance, heavy bookings or holiday periods. Under such Conditions, the Client is entitled to view the Product at its current state and free of any additional charge. An alternative completion date will be arranged with the Client. This may be extended to a further 90 days maximum. Products pushed beyond this final period are entitled to an appropriate delay refund by the Company, at its own discretion and without liability.6.3 The Company shall use its reasonable endeavour to meet any date stated for delivery. 6.4 The Company shall not be liable for any delay in delivery howsoever caused. 6.5 Delivery shall be treated as a separate contract governed by these Conditions.7.0 ACCEPTANCE OF THE PRODUCTS 7.1 The Client shall be deemed to have accepted the Products after 7 days have expired beyond the delivery date to the Client. 7.2 After acceptance, the Client shall not be entitled to automatically reject Products, which are not in accordance with the contract.7.3 If the final Product is deemed to be of inferior quality by the Client in terms of image and / or sound, then the Client is entitled to free corrective work to resolve the problem should the Company agree with the Client’s claim. Alternatively, the Company, at its own discretion may decide to issue an appropriate credit refund, which fairly reflects the loss of quality to the Client.7.4 Additional alterations and preferences presented by the Client to the Company, and after adhering to paragraph 7.3, in terms of but not limited to; soundtrack preference, sequence of shots, design layout, image preference or similar changes will be chargeable at the current hourly Rate and after the final proof has been completed and approved by the Client.7.5 Transit damage must be reported in writing to the Company within 48 hours of receipt. Outside of this period, transit damage will not be acceptable as a reason for rejection.8.0 TITLE AND RISK 8.1 The Client has the opportunity to purchase insurance either independently or from the Company to cover themselves against losses and damages not covered by this agreement. The Company includes no insurance unless otherwise agreed. The Company requires duplicates of insurance documents prior to any Project.8.2 Risk of damage to or loss of the Products shall pass to the Client at the time of shipment from the Company’s premises. 8.3 Notwithstanding any other provision herein, title in ownership of the physical Products in question (not including copyright or licensing permission) shall not pass to the Client until the Company has received in cleared funds payment relating to such services in full.8.4 It is the responsibility of the Client to establish the relevant permission for a Project venue unless otherwise agreed beforehand. The Company will not be held liable for unauthorised access or for any fees involved in gaining such permission. The Client will not be eligible for any refund from the Company in such an event.9.0 INSOLVENCY OF CLIENT 9.1 If the Client makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a Company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction). Should a receiver take possession of any of the property or assets of the Client; or the Client ceases, or threatens to cease trading business; or the Company reasonably apprehends that any of the events mentioned above is imminent, the Company so notifies the Client accordingly. 9.2 Should the Clause then apply, without prejudice to any other right, or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Company. If the Products have been delivered but invoices remain outstanding then these shall become immediately due and payable despite any previous arrangement or agreement to the contrary.10.0 GENERAL 10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if their delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of time for the performance of its obligation upon investigation of the circumstances. 10.2 Any notice required, or permitted to be given, by either party to the other under the Conditions shall be in writing addressed to the other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice. 10.3 Each party agrees to treat as conditional and not to divulge to any third party without the prior written consent of the other, details of the other’s business operations, proprietary rights and techniques, contemplated new Products and customer lists. This obligation does not relate to information, which is, or becomes, public knowledge through no fault of either party or has been property obtained from a third party lawfully entitled to posses such information. Furthermore, this does not relate to digital imagery retained by the Company under copyright laws, which the Company may use without further consent from the Client, to promote, exhibit and demonstrate its services to the public or other parties.11.0 CONSEQUENTIAL LOSS 11.1 The Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits income or accrual of loss of such profits income production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis, to the fullest extent of the law.12.0 FORCE MAJEURE 12.1 The Company shall be entitled to delay or cancellation of services / deliveries, or to reduce the amount delivered, if it’s prevented, hindered or delayed in manufacturing, obtaining or delivering the Products by normal routes or means of delivery through direct circumstances beyond its control. These include but are not limited to; strikes; lockouts; accidents; war; fire; reduction in or unavailability of power at the Company’s premises, breakdown of machinery or shortage / unavailability of raw materials from a normal source of supply.13.0 ADDITIONAL COSTS 13.1 The Client agrees to pay for any loss or extra cost incurred by the Company through the Client’s instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Client, its servants, agents or employees.14.0 DISPUTES AND GRIEVENCES14.1 Any dispute arising from the agreement / contract between the Client and the Company should be addressed in writing to the Company in the first instance. An appropriate response by the Company will be issued to the Client, after investigating the matter fully for an appropriate resolution, if it so deems necessary. The Company is in no way liable to losses or damages complained of by the Client, which are outside the boundaries of these Conditions. The Company limits its liability to the Client only within the confines of the Rates imposed between the Client and the Company.15.0 PROPER LAW OF CONTRACT 15.1 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined exclusively by the Courts of England and Wales.----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


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