Website Terms and Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Blueberry Pictures Ltd Terms and Conditions
Definitions
In these terms and conditions, unless the context otherwise requires:
Consumer means any individual who acquires BP’s services wholly or predominately for personal, domestic or commercial use. Customer means any person or entity requesting BP to provide Services.
BP means Blueberry Pictures Ltd Ltd Registration No: 08442243. Registered address: 63 Nightingale Road, Orpington, Kent BR5 1BH.
Agreed Fee means the fees estimated by BP in any quotation once accepted by the Customer.
Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to BP for the purposes of BP supplying the Services.
Raw Footage means master footage recorded by BP as part of provision of the Services. Services mean video production and/or post production services.
Application
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by BP with any Customer in relation to the provision of Services by BP. All work carried out by BP is on the basis that the Customer has agreed to these Terms and Conditions.
Consumer Contract
If the Customer is a Consumer:
These conditions do not affect any rights the Customer has under Schedule 2 of the Competition and Consumer Act; and these conditions do not affect the laws in force in the place in which the contract is made prior to the contract.
Quotations
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of Customer changes and/or revisions is included in each quotation.
If the Customer instructs BP that significant changes and/or revisions to the scope of the Services described in a quotation are required then BP shall be entitled to charge an additional Agree Fee based on a further quotation.
Cancellation
If the Customer has engaged BP to provide Services on a specified date, the Customer may notify BP in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).
If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
If the cancellation is made more than 48 hours prior to the day on which BP has been engaged to provide the Services, the Customer must reimburse BP for any expenses incurred by BP in preparation for provision of the Services.
If the cancellation is made between 48 and 24 hours prior to the day on which BP has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.
If the cancellation is made within 24 hours of the time at which BP has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
If the cancellation is made while BP is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
Any amount payable pursuant to clauses 5.3, 5.4, 5.5 or 5.6 must be paid by the Customer within 30 days of the cancellation.
Payment
The Customer will pay to BP the Agreed Fee in the following manner:
50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and
The balance will be payable within 30 days of the date of any interim or final invoices submitted in respect of the Services; and
BP will not commence any pre-production activities until the Customer has paid the Deposit.
If any BP invoice or part thereof is not paid within 30 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount. Where full payment is not received by the Company by the due date interest shall accrue on the sum outstanding at the rate of 2% per month or part thereof, without prejudice of the Company’s right to receive payment on the due date. The customer shall reimburse the Company for any costs incurred in the course of recovering late payment.
Variations (additional quotation applies)
BP will provide the Customer with one (1) ‘draft copy’ of an initial edited video file. The Customer must notify BP of all proposed changes within fourteen (14) days of receipt of the draft copy by the Customer.
Once the proposed changes have been made, BP will provide the Customer with a ‘ final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation
The Customer must notify BP of any errors in the final draft copy within fourteen (14) days.
Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed, BP may refuse to make any further changes.
The Customer acknowledges that some changes may not be possible.
Venue Location Fees & Permissions
The Customer must obtain any necessary consent or permission and pay any fees which may apply for BP to film at a particular venue, location or event.
Artistic Licence
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. BP reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by BP on request (see clause 7 – variations above).
Customer’s Materials
All Materials are used and stored by BP solely at the Customer’s risk and BP is under no obligation to insure any Materials.
Neither BP nor any of its of officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; BP will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with BP even though such person is present during and involved with the performance of the Services; and
The Customer must retain a master copy of each and every recording delivered to BP for the purposes of the Contract.
Customer Acknowledgements
The Customer acknowledges and agrees that:
BP will have a lien on Materials provided by the Customer; and
No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by BP will be transferred to the Customer until the Customer pays all amounts due to BP in full.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to BP, the Customer is entitled to receive the finished works, but has no entitlement to the working files of BP. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by BP are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of BP, its employees and subcontractors.
Customer Undertakings and Warranties
The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video.
The Customer indemnifies and holds BP harmless from any claims or legal actions related to the content of the Customer’s video.
The Customer hereby indemnifies and holds harmless BP against all loss, damage, costs or expenses suffered or incurred by BP as a result of any breach of clauses 12.1 and 12.2. .
Project Delays and Client Liability
Any estimate of the date by which BP will complete any part of the Services is contingent upon the Customer providing complete instructions to BP and fully cooperating with BP until BP has ceased providing Services to the Customer.
The Customer must appoint a person who has complete authority to provide instructions to BP and respond to requests for feedback until BP has ceased providing Services to the Customer.
The person appointed pursuant to clause 13.2 must be available to respond to communications from BP on every day which is a business day in London
Sub-Contracting
BP reserves the right to sub-contract any Services that BP has agreed to perform for the Customer as it sees fit.
Recorded Material
Ownership
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of BP until full payment is made for the Services.
Where Services remain unpaid or in the event that a final agreed payment is not made, BP reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by BP will remain the property of the author or legal entity owning the copyright.
Special Provisions for Ownership
BP reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in postproduction. The copyright of such recordings will belong to BP.
BP has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between BP and the Customer. The copyright of such segments will belong exclusively to BP.
Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, BP reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
Raw Footage
The Customer may purchase Raw Footage in viewable format for an additional fee of £200.00 per day of footage plus VAT. If the Customer requires any Raw Footage to be provided by way of a separate hard disk, then Customer must pay BP an additional fee of £250.00 plus VAT.
Failure of Equipment or illness of BP employees and contractors
Whilst all reasonable care and preparation is taken for videography and editing, BP will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by BP or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
Right of Refusal or Termination
BP reserves the right to terminate the provision of Services, if:
the videographer, or any person(s) employed or contracted by BP is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.
If BP terminates the provision of Services pursuant to clause 18.1 then any Deposit paid by the Customer is non-refundable. Should any of the circumstances outlined in clause 18.1 occur, BP may seek compensation from the Customer for any loss or damage suffered.
Limitation of Liability
The parties acknowledge that, under applicable UK law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, BP will not be liable for:
Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and
Any representations, warranties, conditions or agreement made by any agent or representative, which are not expressly confirmed by BP in writing, and the liability of BP for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of BP for a breach of a Non-excludable Right can be limited, BP’s liability is limited, at BP’s option, to one of the following:
The supply of the service again; or
Payment for the cost of having the services supplied again. Notwithstanding any other provision, BP is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
Any increased costs or expenses;
Any loss of profit, revenue, business, contracts or anticipated savings;
Any loss or expense resulting from a claim by a third party; or
Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
Force Majeure
If BP cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then BP’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
Legal Costs
The Customer will be liable for any legal costs incurred by BP in the recovery of unpaid invoices on an indemnity basis.
Privacy
All information received by BP from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
Other Matters which Affect the Contract
These conditions shall be read and construed in accordance with the laws of England and the customer agrees to submit to the jurisdiction of the English Courts. The rights of the Company hereunder shall be additional to any rights arising at common law or otherwise.
If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.
BP is not bound by any waiver, discharge or release of a condition or any agreement, which changes the Contract unless it is in writing, and signed by or for BP.
Amendment
BP reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.
