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MORAN FILMS - TERMS & CONDITIONS
DEFINITIONS
"The Company" – Moran Films, trading as Moran Films.
"The Client" - any person, body of persons, firm or company with whom Moran Films enters into a contract for the sale of goods or provision of services by Moran Films.
“Products and Services” - any photographs and/or videos and/or audio recordings created and supplied by Moran Films, whether they are photographs, prints, artwork, graphics, film, edits, voice-overs, music or other audio recordings, video, or DVDs in either physical or digital format.
FEES AND EXPENSES
All prices quoted to the Client apply only to the original brief for the job in question, given to the Company by the Client. The Company reserves the right to make additional charges for fees and expenses should the brief differ or change before or during the assignment. Wherever possible, the Company shall endeavour to provide an indication of what these additional charges will be.
BOOKING
Confirmation of booking, either verbal or written, confirms the Client’s acceptance of these terms and conditions. The booking fee is 50% of the total of the rate for the job and must be paid within seven days of the date of the invoice. The remaining 50% is paid on completion of the job and must be paid within seven days of the date of the final invoice.
If a booking is cancelled or postponed after the booking fee has been paid, the Company reserves the right to retain the booking fee.
COPYRIGHT
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all Products and Services created by the Company is owned by the Company at all times, throughout the world.
LICENCE TO USE
A Licence To Use will be granted by the Company to the Client and comes into effect from the date of payment of the relevant invoice. No use may be made of the Products and Services before the invoice is settled in full without the express permission of the Company. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date. Manipulation of the Products and Services or use of only a portion of the Products and Services may only take place with the permission of the Company. The Licence To Use covers promotional, editorial and personal use of the Products and Services. For any other use (including the use of the Products and Services on merchandise, including t-shirts, album covers - unless already covered in the original agreement), the Client would need to submit a written request to the Company.
PROMOTIONAL USE
The Company retains the right, in all cases, to use the Products and Services in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting its work.
ARTISTIC INPUT
The Company shall be entitled to use their judgement regarding the style and creative input in the production of the Products and Services. The editing process is a large part of the finished product and reflects the artistic style of the Company. Final Products and Services are fully edited before being delivered to the Client. Additional edits are carried out at the discretion of the Company, and it reserves the right to charge the Client for additional editing to cover time involved.
LIABILITY AND INDEMNITY
It is the Client who must satisfy him/herself that all necessary rights, release forms or consents which may be required for the reproduction of the Products and Services, are obtained and it is acknowledged that the Company gives no warranty or undertaking that any such rights, release forms or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any Products and Services. In the event that the Products and Services issued or reproduced by or with the authority of the Client do not have the necessary rights, release forms or consents, then the Client shall indemnify the Company against all expenses, damages, claims, or legal costs arising out of any such failure.
REJECTION OF PRODUCTS AND SERVICES
Unless a rejection fee is agreed in advance, there is no right to reject the Products and Services on the basis of style or composition.
PAYMENT TERMS
Payment terms are to be agreed at the time of booking. Payment by BACS (bank transfer) is preferred and bank details will be provided on the invoice.
RIGHT TO A PRODUCTS AND SERVICES CREDIT
Terms of the Licence To Use requires that the Company name will be printed on, or in reasonable proximity to, all published reproductions of the Products and Services. Where the Products and Services are used on social media the Company would need to be tagged as follows:
Facebook: @Moran.Films
Instagram: @moranfilms
LinkedIn: @Moran Films
Twitter: @officialraphm
The Company also asserts its statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
ARCHIVING OF PRODUCTS AND SERVICES
All final Products and Services will be stored and archived by the Company indefinitely. If the Company loses Products and Services stored in archive or they are stolen, the Company is not liable.
APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales.
VARIATION
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.