1 | Introduction
A contract is formed between a customer (referred to as the “Customer”) and Orchid Films (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
2 | Supply
The Company agrees to supply the product or service to the Customer as detailed in the Order and according to the terms and conditions of this contract.
3 | Rights reserved
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
4 | Payment
The Company shall issue an invoice to the Customer in respect of products or services be supplied. The payment terms are a deposit of £300 for a wedding and £100 for a Marryoke on its own to book the date with the rest of the balance to be received a month before the wedding. The Company reserves the right not to attend the event if full payment has not been received.
5 | Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product or service. The Company holds Public Liability Insurance.
6 | Creative Brief
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product or service.
7 | Booking Fee/Cancellation
Monies paid by the Customer to reserve the product or service of the Company will be accepted as a Booking Fee.
If the Customer cancels the order less than 8-weeks prior to the Company supplying the product or service, the Customer will be liable for half the invoice value less any Booking Fee already paid. If the Customer cancels their Order more than 8-weeks prior to the Company supplying the product or service, they shall forfeit the Booking Fee. Refunds will be made at the company’s discretion.
8 | Liability
The Company accepts no liability for any loss or damage that may arise from the supply of the product or service. In the unlikely event of the Company being unable to supply the product or service as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9 | Copyright
Unless otherwise stated in the Order, the Company retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product or service. The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
10 | Data Protection
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product or service – and that such recording is in compliance with Data Protection.
11 | Complaints Procedure
In the unlikely event of a dispute over the supply of product or service, the Customer and Company agreed to accept the findings of the Institute of Videography’s Arbitration Office. Any disputes must be notified within 28-days of the Customer receiving the product or service.
12 | Care and Damage to client property
Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
13 | Confidentiality
Unless otherwise agreed the Company will treat any information gained during the supply of the product or service as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product or service.
14 | Basis of law
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of England and Wales.