Terms & Conditions
Birmingham Salute Media Productions Ltd
TERMS AND CONDITIONS
As of January 1st 2010
From this point onwards throughout these terms and conditions Birmingham Salute Media Productions Ltd will be referred to as ‘Birmingham Salute’, ‘we’, ‘our’ or ‘us’. The Client may be referred to as ‘client’, ‘customer’, ‘you’, ‘your’ or ‘purchaser’.
1. Quotation
1.1. In order for us to provide you with an accurate quote we need you to provide us with a written brief. When providing the brief try to include as much information as possible.
1.2. Please note that when a project contains more than one element for example, including but not limited to, a promotional video, music composition, a website and a logo design, a separate brief is required for each element of work.
1.3. We base our quotes on the complexity of the brief provided. Quotes provided are only valid for 30 days.
1.4. Please note: Additional services such as but not limited to, print handling, art direction in regards to photography and models, casting actors and extras, sourcing stock imagery, the purchase of typefaces, web domain names and web hosting - if included - will all be itemised clearly within the quote.
2. Before Commencement of Work
2.1. The requirements of the customer must be clearly provided to Birmingham Salute in writing before commencement of work and subject only to one set of minor alterations thereafter. All work to be done must adhere to the terms of the contract and unless otherwise agreed, Birmingham Salute must receive payment of the agreed deposit amount before commencement of work.
2.2. Your authority is given on the basis that you find the quote acceptable and that you agree to the terms of contract and to these terms and conditions.
2.3. Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement before such work is undertaken (please refer to section 6. Additional Work/Amendments).
2.4. Please note: Whenever possible all approved content should be supplied to Birmingham Salute before any video editing, music composition, documentation, website design or design work and artwork can commence. As once the project is underway, any additional content supplied may result in the reworking of the video edit, music composition, document, website design or structure and any artwork and additional charges to the client (please refer to section 6. Additional Work/Amendments).
2.5. Birmingham Salute will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
2.6. The client shall provide appropriate security arrangements for any filming done inside or outside of the United Kingdom for which Birmingham Salute provides crew or equipment and such arrangements shall be notified to Birmingham Salute in writing in advance and before of commencement of work or travel to that jurisdiction.
3. Payment
3.1. Unless agreed otherwise in writing, 50% of the invoice as a deposit must be paid after terms of contract are agreed and at least 21 days prior to commencement of work. The remaining 50% shall be payable on completion of the work for the project agreed in the terms of contract before the project is released, including but not limited to a video or multimedia project, sound or music composition project and/or website design or any design project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
3.2. Invoices issued by Birmingham Salute for the remaining 50% payable on completion of the work for the project agreed in the terms of contract, are to be paid within 21 days of the date of that invoice, and/or before the release of goods or services to the client or purchaser. Unless otherwise agreed in the terms of contract between Birmingham Salute and the client.
3.3. Unless otherwise agreed in the terms of contract, Birmingham Salute’s fees shall be exclusive of disbursements and expense items related to the agreed programme such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disk or tape duplications, creation of audio and video streaming files, travel accommodation, subsistence, fax charges and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
3.4. If payment is not received within 21 days of the invoice date, Birmingham Salute will automatically charge interest at a rate of 8% per annum, which will be added to the customer’s account.
3.5. Payment may be made by bank transfer, cheque or cash.
3.6. All cheques must be made payable to Birmingham Salute Ltd, and any monies being paid must clear before any work is started or before any completed projects are handed over to the client.
4. Schedules and Deadlines
4.1. Any contract requiring Birmingham Salute to work to specific schedules or deadlines provided within the written agreement or terms of contract, will be deemed to include a proviso that the client will make themselves reasonably available to communicate with Birmingham Salute, its servants or agents, as necessary. The client’s failure to do so may result in Birmingham Salute, its servants or agents, not being able to complete the project, to or within, the specified schedules or deadlines written in the terms of contract.
4.2. However if such a situation was to happen, it would not be deemed a full breach of contract, it would however void the specified deadlines in the terms of contract. It will then be up to Birmingham Salute and the client to agree to new written deadlines if the client wishes to do so. Thus it is the client’s responsibility to be helpful in allowing such deadlines to be achieved and Birmingham Salute will work within their capabilities to do so.
4.3. Please make us aware of all deadlines at briefing stage so that we can schedule your work accordingly.
4.4. With regards to website and design or artwork, we will provide you with key dates (such as when copy and amendments are required by and when proofs will be delivered) in order to meet our deadlines. We will be as flexible as we possibly can to meet your requirements, but please respect that we may not always be able to drop everything, as we may be committed to another client.
4.5. Please be aware that delays in providing content or amendments may result in your job being rescheduled.
4.6. Birmingham Salute office hours are 9.00 a.m. to 5.30 p.m. Monday to Friday unless notified otherwise.
5. First Proof or Video Sequence
5.1. Design Work: In most cases the first proof will be presented as a complete document. However, where there is a large quantity of text or where the brief involves illustrations, for example, an interim proof may be required which will indicate how we propose to present information and use imagery. This minimises the time and costs involved in reworking large amounts of text should this approach be unsuitable. This will be discussed and agreed to at briefing stage and will not affect the proofing process.
5.2. Website Design and Design Work: In most cases the first proof will be presented once two separate designs of the, including but not limited to, home or index page, logo or document, have been designed. This allows the client to have a choice of design preference at an early stage and minimises the time and costs involved in reworking the design and outlay of the website or design once the first proof has been agreed in writing and the rest of the website has began being designed.
5.3. Video Editing Work: In some cases but not for all video work, Birmingham Salute will edit two short sequences and the client will decide which style of edit they prefer. This allows the client to have a choice in the early stages of the editing process, as to which style of edit they prefer. This minimises the time and costs involved in reworking the edit of the video once the first sequence has been agreed in writing and the rest of the rest of the video editing process has began.
5.4. Music Composition: In most cases, usually depending on the price quoted and fee agreed, our composers will compose two or more scores of a piece of music. These scores will only be played to the client as they only own the final piece of music. It will be up to the client to choose which piece they think is best or to decide to change the music style or description provided and agreed in the brief. If however the client decides to change the style of music agreed, they will be charged for the work already done by our composer/s and any administration fees incurred. The client will also have to pay for the new composition to be created, however they do reserve the right to choose the previous score of music if they wish, however depending on the stage our composer is at, this work and any administration fees incurred will still be charged.
5.5. When the brief is for an identity, campaign branding or a visual identity which will span across different mediums we would recommend two conceptual approaches. Please state on the brief if you would like two conceptual approaches as unless specified, only one conceptual approach will be submitted. The cost for additional approaches will be reflected in the overall quote.
5.6. If you work alongside a marketing department, or where there are partners or other individuals that will be involved in the sign-off of artwork, it is a good idea to run the first proof past them, including any changes you wish to make to the proof, at this stage.
5.7. E-mail correspondence shall be sufficient to prove the clients agreement of the first proof, sequence, piece of music or the form and content of programmes. Upon this form of consent, the project will continue work towards the next stage.
6. Additional Work/Amendments
6.1. Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs.
6.2. If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
6.3. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes, website design or design work, video editing, and music composition.
6.4. Any additional work will be classed as an extension of the contract and will have to be agreed in writing between Birmingham Salute and the client.
6.5. Such additional work or content may be subject to further payment which will also be required before the work is carried out. This will have to be agreed by both Birmingham Salute and client and will not be commenced until a signed purchase order or equivalent signed document has been provided by the client.
6.6. Such additional work or late content changes that the client requires adding to or taken out of a project may, depending on the work and time required to process such additions or changes, require additional charges for the work and also for any administration time required to put such work into motion.
6.7. If the client requests amendments not agreed upon in the contract, they will be charged at a suitable rate, however these amendments will be at the discretion of Birmingham Salute and are not subject to be carried out.
6.8. Sourcing stock imagery: Whether the sourcing of stock imagery is requested within in the brief, or whether during the conceptual development the designer considers stock imagery to be a suitable approach, you will be provided with a proof containing low quality versions of the images we propose to use. These images are free to use as for this purpose and so there would be no cost should the images we have sourced be unsuitable. We will not purchase any stock imagery without your written instruction. We charge a handling fee for this service on each image sourced.
6.9. Photography, Models, Actors & Extras: We will not undertake the art direction of, or commission any photography, hire models, actors & Extras etc. without your written instruction.
6.10. Purchasing typefaces: There may be occasions where typefaces need to be sourced and purchased. We will not purchase any typefaces without your written instruction to do so. We charge a handling fee for this service on each typeface sourced.
6.11. Web domain names and web hosting: We will not purchase any web domain names or web hosting packages without written instruction.
7. Final Proof or Sequence
7.1. By signing off the final proof, video sequence or music piece you are giving us instruction to continue with production, i.e., to submit the files to the client, to the printers or manufacturers, to make a website or holding page live or to submit advertisements to the publications they are to appear in or for broadcast. We will not amend the document, design, music, sound or video in any way once we have received sign off.
8. Breech of Contract
8.1. This order, agreement, contract, terms and conditions shall be governed by the laws of England and Wales and in the situation of a breach of contract or any dispute arising that is not settled amicably will be heard in a court in the jurisdiction of England and Wales.
9. Termination of Contract
9.1. A customer may terminate the contract at any time by written notice of termination.
9.2. When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Birmingham Salute unless any other written agreement is reached in advance.
9.3. Any monies (excluding the deposit) held on account and unused will be returned subject to a 5% administration charge.
10. Our Equipment
10.1. Any of our equipment damaged through lack of due care and attention, irresponsible behaviour or negligence by the client, their employees, customers or any person/s under the responsibility of the client, will be the client’s responsibility to pay for damages, repairs or replacement of such equipment.
10.2. Damages may include but are not limited to: Spillage of any liquid onto equipment or accident breakage due to equipment being forced over and falling to the ground.
11. Employee Safety
11.1. Our employee’s safety is very important, thus if any damages occur to their short term or long term health, resulting from an accident caused by lack of due care and attention, irresponsible behaviour or negligence by the client, their employees, customers or any person/s under the responsibility of the client, the client may be held responsible and it may result in a law suit or personal injury claim after further investigation of the situation.
11.2. Bad behaviour will not be tolerated towards any of our staff, at any event or place.
11.3. We reserve the right to cease filming or any activity we are doing, and leave the venue.
12. Liability
12.1. Birmingham Salute cannot be held liable for loss or damage caused as a result of third party action or failure.
12.2. Birmingham Salute cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
12.3. Birmingham Salute shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to Birmingham Salute, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
13. Copyrights
13.1. Unless otherwise agreed in writing, all work carried out by Birmingham Salute and any of its employees and freelancers including but not limited to video and sound recorded and edited, website design and all other design, artwork and all its music compositions produced, remains the copyright of Birmingham Salute. This excludes any content supplied or purchased including but not limited to photography supplied or purchased and/or any branding images not produced by Birmingham Salute.
13.2. Unless otherwise agreed in writing, the client will only be able to use the work created for the uses specified and agreed in the terms of contract between Birmingham Salute and the client. The project is in effect leased to the client for the uses stated and agreed in the terms of contract. Any violation of the agreed uses will be classed as a breach of contract (please refer to section 8. Breach of Contract, for information on the result of a breach of contract).
13.3. Unless otherwise agreed, Birmingham Salute reserve the right to use any work we have produced to promote and market our services. Birmingham Salute also reserves the right to include the strap line ‘produced by Birmingham Salute Media Productions Ltd’ and our website URL: ‘www.bsalute.co.uk’ as well as our company ident/logo either at the beginning and or end of any video project Birmingham Salute may produce.
13.4. Birmingham Salute also reserves the right to include the strap line ‘created by: Birmingham Salute Media Productions Ltd’ and our website link ‘www.bslaute.co.uk’ at 7pt within the clients website page bounds without compromising the overall design.
13.5. If the final project will be supplied on a DVD, Blu-ray or CD, unless otherwise agreed, Birmingham Salute may also include details of their company information within a menu on the DVD, Blu-ray or CD that the final project will be provided on.
13.6. However, in the event that the client wishes to own the copyright of any material, work or project completed, created and owned by Birmingham Salute, an additional agreement will have to be made and agreed in writing between Birmingham Salute and the client via written or amended terms of contract or another acceptable written and signed document.
13.7. If agreed in the terms of contract between Birmingham Salute and the customer, and subject to, the final payment of full fees due to Birmingham Salute by the customer, Birmingham Salute on completion of the project will assign to the customer all the present and future copyright and other intellectual property rights howsoever arising in the content of the purchased project.
13.8. Considerations: Please ensure all content including but not limited to photography, music, graphics and video provided has adequate permissions for use and that the use of any imagery or text provided does not breach copyright. Responsibility for photography usage and copyright of imagery and text provided remains with the client.
13.9. Birmingham Salute also reserves the right to include our advertising on any form of media provided to the client, including but not limited to DVD, Blu-ray or CD. The client reserves the right to agree with Birmingham Salute what they think is a fair amount of advertising and it will be left to the discretion of Birmingham Salute to do what they think is best.
14. Submission of Work
14.1. A video programme will only be publicly released by Birmingham Salute once the customer approves all content as complete and satisfactory and confirms this in writing.
14.2. Birmingham Salute reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
14.3. Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the "unsuitable" information, its inclusion may be considered.
15. Claims and Complaints
15.1. Any claims must be made in writing to Birmingham Salute within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
15.2. Should the customer have cause to make any complaint about service or programmes, the complaint if put in writing, will be acknowledged by Birmingham Salute within 14 days and a detailed reply will be issued to the customer within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to Birmingham Salute.
16. Raw Footage, Your Files and Backups
16.1. We archive any work we produce for you for free, for a period of 3 weeks after client’s receipt of goods, including but not limited to, any raw materials (video, sound and graphics etc) and project files. This is so that if you want to update a document or video etc, to do with your previously completed project, we will only quote for the time it takes to update the file, i.e. including but not limited to, replacing text or imagery, and not for the job in its entirety.
16.2. However, if during the 3 week period the client decides that they may want a project re-editing at a later date, the client can request that we keep any project files including raw footage and files to do with the project on system. We will charge a fee of £15 per month to keep your raw footage, files and backups etc. However this isn’t a fixed price and the price will depend on how much storage space is required for us to keep such materials and content. Therefore the price could be more or less than the £15 per month mentioned.
16.3. However if the client decides they do not want Birmingham Salute to keep such content, we delete or destroy the content after the free 3 week storage period. Birmingham Salute will discuss this with the client before the end of the 3 week period, and will not delete any project material until such a discussion has taken place.
17. Privacy Policy
17.1. Any confidential or proprietary information which is acquired by Birmingham Salute from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Birmingham Salute will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
17.2. A full copy of our privacy policy can be found on our website: www.bsalute.co.uk in the terms and conditions page found at the bottom of the page. However if you do not have access to our website then please contact Birmingham Salute via the contact details at the top of the first page, and we will have a copy of our privacy policy sent out to you.
18. Customer Service
18.1. Birmingham Salute is aware of the benefits of forming a good working relationship with our clients, as the majority of our regular clients have come to us on referral. Whenever possible we try to have one designer produce the work for a client from briefing stage through to delivery.
18.2. If there’s anything you are not happy with, anything you don’t understand or if you need any more information on any of the services Birmingham Salute offer, we would like to hear from you. Your feedback is important to us.
Privacy Policy and Website Disclaimer
As of April 15th 2009
From this point onwards throughout this document Birmingham Salute Media Productions Ltd will be referred to as ‘Birmingham Salute’, ‘we’, ‘our’ or ‘us’. Visitors to our website may be referred to as ‘client’, ‘customer’, ‘purchaser’, ‘persons’, ‘visitor’.
1. Birmingham Salute Privacy Policy and Website Disclaimer
1.1. This is the website of Birmingham Salute. All content of this website including photographs, graphics, text, downloadable files, audio, music, logos, icons, images and software are the property of Birmingham Salute and its owners, unless otherwise specified, and are protected by UK and international copyright laws.
1.2. Any use of this material, including the reproduction, modification, distribution, transmission, republication, display or performance of site contents is strictly prohibited without the express written consent of Birmingham Salute and its owners. The content of this site is provided for informational use only and Birmingham Salute does not assume responsibility for inaccuracies or errors.
1.3. Birmingham Salute only collect the e-mail addresses of visitors who communicate with us via e-mail, (non-personal) information volunteered by the visitor, such as information submitted via our contact forms.
1.4. The information Birmingham Salute collects is used to improve the content of our website, to notify visitors about updates to our Website and to notify visitors about new services and/or events. This information is not shared with other organisations for commercial purposes.
1.5. Persons who supply us with their telephone numbers online will only receive telephone contact from us with information regarding orders or queries they have transmitted electronically.
1.6. External Links: The Birmingham Salute website contains hyperlinks to client and/or other external websites. Birmingham Salute has no control over the information contained, displayed or collected on external websites and cannot be held responsible for their content. Visitors to external websites should consult the relevant Privacy Policies and Terms of Use found on these websites.
1.7. This statement discloses the practices for the entire website. Any changes to this privacy policy will be posted on this page so that you are always aware of what information we collect and how we use it.
Our terms and conditions are subject to change at any time. Please visit this page as often as you can so as to keep up to date with them.