Contents
1. General
2. Definitions
3. Basis of Sale and Service
4. Estimates, Prices and Orders
5. Payment Terms
6. Property Ownership and Risk
7. Proofs and Artwork
8. The Production Process
9. Claims and Queries
10. Cancellation & Refund
11. Privacy
12. Force Majeure
1. General
These Terms and Conditions of Service and Supply apply to all services and products provided by Greg Moore and supersede all understandings or prior agreements, whether written or verbal and all representations or other communications. All work is carried out on the understanding that the customer has agreed to these Terms and Conditions. Copyright is retained by Greg Moore on all design work including words, pictures, ideas, visuals and illustrations unless all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by us as fulfilling the contract. All of the other designs remain the property of Greg Moore unless agreed in writing that this arrangement has been changed. Greg Moore reserves the right to promote designs developed by them as part of their portfolio and their promotional activities. Greg Moore reserves the right to alter these terms and conditions without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.
2. Definitions
In these conditions: ‘Greg Moore’, ‘the company’, ‘we’, ‘us’, or ‘ours’ refers to Greg Moore, including any other person or company acting as an authorised representative or lawful agent of Greg Moore.
‘Client’, ‘you’, or ‘yours’ refers to the person, business or company from whom orders for work are received and with whom Greg Moore enters into a lawfully binding contract. These Conditions’ means the standard terms and conditions of service and supply set out in this document and includes any special terms and conditions agreed in writing between us and you.
The ‘Services’ means the services to be provided to you as set out in our estimate.
The ‘Goods’ means the goods (including any installment of the goods or any parts for them) which we are to supply in accordance with these Conditions.
‘Month’ means a calendar month
‘Writing’ includes any communications effected by, electronic email, facsimile transmission, or any comparable means.
3. Basis of Sale and Service
These terms and conditions can only be altered or qualified as agreed in writing by the company and you and must be signed by an authorised representative of the company set out in full all the relevant alterations and qualifications.
Any typographical, clerical or other error or omission in any sales literature, estimate, quotation, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the company.
4. Estimates, Prices and Orders
We will:
Provide you with an estimate of the price to be charged if you request one before an order is placed;
Provide such estimates based on our current production costs;
Try to ensure that any estimate is valid for 30 days, although we may amend any estimate if it is necessary to do so.
It is your sole responsibility to request an estimate before placing an order. If, however, a price has not been expressly agreed at or before an order is placed, we shall charge you in accordance with our normal pricing structure and you shall not subsequently dispute the price charged.
Estimates that we supply are not offers to enter into legally binding contracts but are merely indications of the price that we charge to undertake a particular type of work.
We reserve the right to make additional charges in respect of all costs, charges and expenses incurred by the company beyond normal allowances including but not limited to those caused by or arising out of:
Copy supplied not being clear and legible;
Author’s corrections or other work not specified in the estimate;
Overtime working by the company’s staff or subcontractors;
Additional use of couriers, special deliveries and similar facilities.
Amends going above the allocated 2 sets unless otherwise stated prior to undertaking the work
All estimates given and orders accepted are exclusive of Value Added Tax (VAT) which, you will be additionally liable to pay to us.
If you cancel an order after we have commenced work on it, you shall be charged the full order value or such a lower amount as we may (at our sole discretion) determine.
5. Payment Terms
You must:
Pay all invoices within 28 days of the invoice date
Not exceed any credit limit that we may apply to your account from time to time; Make regular or stage payments on a monthly basis (as invoiced) on any order which takes longer than 28 days to complete;
At our sole discretion, we are entitled to add a 10% late fee per calendar week of the total amount of the invoice, inclusive of any prior late fees, extending for an indefinite period until the invoice is paid in full. This charge will be added at 9 am on the first day the invoice is overdue, then every subsequent 7 days.
At our sole discretion, we may insist that you pay a deposit or the full amount when the order is placed or at some time before goods are delivered or collected or services completed.
You will reimburse us for any legal or debt collection costs taken against you (including taking advice from a solicitor or barrister, charges made by a debt recovery agency, or time spent and costs incurred by our employees and/or directors in preparing and pursuing legal action) to recover monies owed by you. Please also note condition W21 in respect of these payment terms.
All footage created/filmed by Greg Moore remains the copyright of Greg Moore. It is licensed for use for 28 days from the invoice date without payment, Following that date, the footage is no longer licensed for usage in any circumstance until payment for services is received. In the result of non-payment, Greg Moore reserves the right to order the removal of footage/content from any use.
6. Property Ownership and Risk
You shall be deemed to have accepted the goods and services on delivery but we shall retain ownership of all materials and goods produced until all goods and services provided to you have been paid in full.
With specific reference to the design and production of websites, all websites will be hosted via an appropriate link to our own servers. We reserve the right to terminate the site and all email accounts until all invoices/monies due have been settled in full.
Any materials made available to the company by you or on your behalf shall, whilst it is in our possession or in transit, be at your risk and we will not be liable for any damage to such materials however caused, and you will be responsible for such materials to be appropriately insured.
We will be entitled to destroy any such materials supplied to us by you or on your behalf on the earlier of 12 months from being in our possession or one month after written notice has been given by us to you.
Greg Moore guarantees the safety of footage until the project has been finished. Upon completion of the project, Greg Moore will take standard measures to ensure the footage is safe but is not liable for any data corruption, theft or any other loss of footage. The client may request their footage to be put on an additional drive at a cost that will be determined at quotation.
7. Proofs and Artwork
You are responsible for:
Clearly, concisely, specifically, and adequately conveying your requirements to us;
Ensuring that any originated artwork is suitable and adequate for your needs and purposes;
Thoroughly, properly and completely checking any content for errors or omissions;
Clearly making any necessary amendments on a draught edit;
Giving us your complete and absolute approval of an edit in written form, and giving us authority to proceed to export your work.
Any work undertaken will be proofed and provided to yourselves to proof in the understanding that the final version is signed off by yourselves as perfect and therefore any errors or omissions thereafter are not Greg Moores responsibility.
After a final version is approved by you in written form, we may charge extra if you make alterations or changes to the original concept design or content, and these changes necessitate additional work.
8. The Production Process
Once the deposit has been paid in full we will start the production process and confirm the required filming dates in our calendar.
The quoted costings will entitle you to two amends of the version. A rough cut will be initially be provided for your feedback (version 1), from this you will have chance to provide a list of required amends for the second version (version 2). This second list will then be completed and sent back for final changes (version 3)
Once version 3 is completed any further amends will be charged at an hourly rate of £65 with a 1 hour minimum payment. The only exception to this is in the event of error caused by Greg Moore. eg, spelling or a missed amend from a previous list.
It is the clients sole responsibility to proof and approve versions.
Upon approval of version 3 the content will then be colour graded, sound balanced and supplied in the pre-determined formats.
9. Claims and Queries
All claims and queries in regard to goods supplied (including shortages, errors etc) must be made by you in writing or a form specifically approved by us, and must be submitted to us within three working days of delivery date or collection.
All claims and queries regarding an invoice must be made by you within ten working days of the invoice date, and queries regarding non-delivery of goods must be made by you within five working days of the invoice date.
All claims and queries will not normally be entertained unless they are made within these time limits.
10. Cancellation & Refund
If you choose to cancel an order at any stage or for any reason, you will be liable for the full cost of all work completed – to be determined by us at our sole discretion unless you are specifically notified otherwise by us in writing.
We reserve the right to cancel any order without refund after reasonable attempts have been made to complete the work.
If a shoot date is cancelled the following costs of the full project will be charged:
1 week - 75%
3 days - 85%
2 days - 100%
11. Privacy
In using our services, you will be asked to submit information about yourself such as your name and email address. This information will only be used by us to keep you up to date with our services, and will not be given out or sold to any external party for any reason whatsoever without your prior consent.
Any area’s of our website which involve online payment processing use SSL encryption to keep your data safe.
If you decide you no longer wish to receive any communications from us, please use the ‘UNSUBSCRIBE’ link at the bottom of our marketing emails, or contact us with your name and the email address we contacted you through and you will be removed from our mailing lists.
12. Force Majeure
We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond our control, including but not limited to acts of God, legislation, war, fire, flood, drought, failure of power supply, mechanical breakdown, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. We shall endeavour to give immediate notice to you of this and will take all reasonable steps to resume performance of its obligations.