TERMS AND CONDITIONS

Last updated: August 26, 2022

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Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

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SERVICE AGREEMENT

 

THIS GENERAL SERVICE AGREEMENT is made between the following parties:

 

A. The CLIENT is of the opinion that the CONTRACTOR has the necessary qualifications, experience and abilities to provide the service required.

 

B. The CONTRACTOR is agreeable to providing such services to the CLIENT on the terms and conditions set out in the AGREEMENT

 

This AGREEMENT is only valid after the DEPOSIT has been paid and the parties above have agreed to proceed

 

In CONSIDERATION of the matters described above and of the mutual benefits and obligations set forth in this AGREEMENT, the receipt and sufficiency of which consideration is hereby acknowledged, the CLIENT and the CONTRACTOR (individually the “PARTY” and collectively the “PARTIES” to this AGREEMENT) agree as follows:

 

SERVICES PROVIDED

1. The CLIENT hereby agrees to engage the CONTRACTOR to provide the CLIENT with the following services (the “SERVICES”):

• Film, Photos, Drone capture on location and the edit of the footage for the project requested by the the CLIENT.

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   2. The SERVICES will also include any other tasks which the PARTIES may agree on. The CONTRACTOR hereby agrees to provide such SERVICES to the CLIENT.

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TERM OF AGREEMENT

   3. The term of this AGREEMENT (the “TERM”) will begin on the date the DEPOSIT is made and will remain in full             force and effect until the completion of the SERVICES, subject to earlier termination as provided in this

   AGREEMENT. The TERM may be extended with the written consent of the PARTIES. 

 

PERFORMANCE

  4. The PARTIES agree to do everything necessary to ensure that the terms of this AGREEMENT take effect.

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CURRENCY

  5. Except as otherwise provided in this AGREEMENT, all monetary amounts referred to in this AGREEMENT are in      GBP.

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PAYMENT

  6. The CONTRACTOR will send an invoice attach with a copy of this AGREEMENT to the CLIENT with the price of the    SERVICES requested by the CLIENT.

  7. A DEPOSIT of 25% (the “DEPOSIT”) is payable by the CLIENT upon execution of this AGREEMENT.

  8. For the remaining amount, the CONTRACTOR will invoice the CLIENT when the SERVICES are complete.

  9. Invoices submitted by the CONTRACTOR to the CLIENT are due upon receipt.

  10. The PAYMENT as stated in this AGREEMENT does not include reimbursed for expenses payable by the CLIENT.      Any reimbursement of expenses agreed by the CLIENT will be charged to the CLIENT in addition to the PAYMENT.

  11.The CONTRACTOR will be responsible for all income tax liabilities and National Insurance or similar contributions       relating to the PAYMENT and the CONTRACTOR will indemnify the CLIENT in respect of any such payments required     to be made by the CLIENT.

 

REIMBURSEMENT OF EXPENSES

   12. The CONTRACTOR will be reimbursed for reasonable and necessary expenses incurred by the CONTRACTOR in     connection with providing the SERVICES.

   13. All the expenses must be pre-approved by the CLIENT.

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CHANGES

   14. The CLIENT has a right to two opportunities for feedback where changes can be made to the final product before       it is complete without extra charge. After that every change will require a payment of £15.00 per hour of work it takes       the CONTRACTOR to complete the change requested.

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CONFIDENTIALITY

   15. Confidential information (the “CONFIDENTIAL INFORMATION”) refers to any data or information relating to the         CLIENT, weather business or personal, which would reasonably be considered to be private or proprietary to the             CLIENT and that is not generally known and where the release of that CONFIDENTIAL INFORMATION could                 reasonably be expected to cause harm to the CLIENT.

   16. The CONTRACTOR agrees that they will not disclose, divulge, reveal, report or use, for any purpose,                         any CONFIDENTIAL INFORMATION which the CONTRACTOR has obtained , except as authorised by the

   CLIENT or as required by law. The obligations of confidentiality will apply during the TERM and will end on the                 termination of this AGREEMENT except in the case of any CONFIDENTIAL INFORMATION which is a trade

   secret in which case those obligations will last indefinitely 

   17. All written and oral information and material disclosed or provided by the CLIENT to the CONTRACTOR under           this AGREEMENT is CONFIDENTIAL INFORMATION regardless of weather it was provided before or after the

   date of this AGREEMENT or how it was provided to the CONTRACTOR.

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OWNERSHIP OF INTELLECTUAL PROPERTY 

   18. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant                      registrations or applications for registrations and rights in any patent, copyright, trade mark, trade dress,

    industrial design and trade name (the “INTELLECTUAL PROPERTY”) that is provided by the CLIENT for the                    development or production under this AGREEMENT, will be the property of the CLIENT. The use of the

    INTELLECTUAL PROPERTY by the CLIENT will not be restricted in any manner.

   19. The CONTRACTOR assigns to the CLIENT, without any further payment, all rights known as “INTELLECTUAL          PROPERTY” (such as copyrights, or rights in designs) which arise in relation to any work prepared by the                        CONTRACTOR in the course of carrying out the SERVICES, and any ideas or inventions or innovations they

    come up with in the course of carrying out the SERVICES. This applies whatever form those works or those

    inventions take. The CONTRACTOR agrees that if they are prevented by law from transferring these things to the            CLIENT, they will hold them on the CLIENT’s behalf, on the basis that the law calls “on trust”.

    20. The CONTRACTOR may only use the INTELLECTUAL PROPERTY for marketing of the SERVICES with the            consent of the CLIENT. The CONTRACTOR will be responsible for any and all damages resulting from the

    unauthorised use of the INTELLECTUAL PROPERTY.

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RETURN OF PROPERTY 

    21. Upon the expiry or termination of this AGREEMENT, the CONTRACTOR will return to the CLIENT any property        documentation, records, or CONFIDENTIAL INFORMATION which is the property of the CLIENT.

 

CAPACITY/INDEPENDENT CONTRACTOR

    22. In providing the SERVICES under this AGREEMENT it is expressly agreed that the CONTRACTOR is acting

    as an independent contractor and not as an employee. The CONTRACTOR and the CLIENT acknowledge that                this AGREEMENT does not create a partnership or joint venture between them, and is exclusively a contract

    for service.

 

RIGHT OF SUBSTITUTION

   23. Except as otherwise provided in this AGREEMENT, the CONTRACTOR may, at the CONTRACTOR’s absolute           discretion, engage a third party sub-contractor to perform some or all of the obligations of the CONTRACTOR

   under this AGREEMENT and the CLIENT will not hire or engage any third parties to assist with the provision of the         SERVICES.

   24. In the event that the CONTRACTOR hires a sub-contractor:

• The CONTRACTOR will pay the sub-contractor  for it’s services and the PAYMENT will remain payable by the CLIENT to the CONTRACTOR.

• For the purpose of the indemnification clause of this AGREEMENT, the sub-contractor is an agent of the CONTRACTOR.

 

AUTONOMY

   25. Except as otherwise provided in this AGREEMENT, the CONTRACTOR will have full control over working time,         methods and decision making in relation to provision of the SERVICES in accordance with the AGREEMENT.

   The CONTRACTOR will work autonomously and not at the directions of the CLIENT and not at the direction of the           CLIENT. However, the CONTRACTOR will be responsive to the reasonable needs and concerns of the CLIENT.

 

EQUIPMENT

   26. Except as otherwise provided in this AGREEMENT, the CONTRACTOR will provide at the CONTRACTOR’s own       expense, any and all tools, equipment, supplies, workwear and any other items or parts necessary to deliver the               SERVICES in accordance with the AGREEMENT.

 

NO EXCLUSIVITY

   27. The PARTIES acknowledge that this AGREEMENT is non-exclusive and that either PARTY will be free, during and     after the TERM, to engage or contract with third parties for the provision of services similar to the SERVICES.

 

NOTICE AND CONTACTING

   28. All notices, requests, demands or other communications required or permitted by the terms of this AGREEMENT       will be given in writing and delivered to the PARTIES at the following contact informations:

• hybridaudiovisual@gmail.com

• +44 7476065707

   or to such other as either PARTY may from time to time notify the other.

 

INDEMNIFICATION

   29. Except to the extent paid in the settlement from any applicable insurance policies, and to the extent permitted by         the applicable law, each PARTY agrees to indemnify and hold harmless the other PARTY, and its respective affiliates,     officers, agents, employees, and permitted successors and assigns against any costs of any kind or amount                     whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates,           officers, agents, employees, and permitted successors and assigns that occurs in connection with this AGREEMENT.     This indemnification will survive the termination of this AGREEMENT.

 

MODIFICATION OF AGREEMENT

   30. Any amendment or modification of this AGREEMENT or additional obligation assumed by either PARTY in                 connection with this AGREEMENT will only be binding if evidenced in writing signed by each PARTY or an

   authorised representative of each PARTY.

 

ASSIGNMENT

   31. The CONTRACTOR will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under           this AGREEMENT without the prior written consent of the CLIENT.

 

REFUNDS AND RESCHEDULES

   32. The DEPOSIT, in the event of cancelation of the SERVICES by the CLIENT, is non-refundable.

   33. If the cancelation of the SERVICES is made by the CONTRACTOR, and the CLIENT does not wish to reschedule     for a later date. The DEPOSIT shall be refunded in full and the AGREEMENT terminate until a new request is

   made by the same PARTIES.

 

ENTIRE AGREEMENT

   34. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this AGREEMENT     except as expressly provided in this AGREEMENT.

 

GOVERNING LAW

   35. This AGREEMENT will be governed by and construed in accordance with the laws of Scotland.

 

SEVERABILITY

   36. In the event that any of the provisions of this AGREEMENT are held to be invalid or unenforceable in whole or in         part. All other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts       severed from the remainder of this AGREEMENT.

 

WAIVER

   37. The waiver by either PARTY of a breach, default, delay or omission of any of the provisions of this AGREEMENT       by the other PARTY will not be constructed as a waiver of any subsequent breach of the same or other provisions.

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ACCEPTING TERMS 

   38. By accepting the terms and conditions of this AGREEMENT the CLIENT therefore acknowledges the TERMS of         this AGREEMENT and agrees to carry on with the SERVICE provided by the CONTRACTOR after the DEPOSIT has     been paid.