The following document sets out the terms and conditions for the supply of services between Conference Film ('the Business' which includes any work carried out by any other individual on behalf of the Business) and you ('the Client').

Conference Film reserves the right to amend or vary any of its terms and conditions at any time and without notice.

Please check our site regularly as these terms are updated from time to time.

Last Updated: 14 January 2019

The Contract

• Upon each occasion that the Business supplies either goods, including films and audio recordings ('the Goods'), or filming services ('the Services'), the terms and conditions of the Contract shall apply to the Contract between the Business and the Client.
• The Contract may be varied in writing between the parties but, in the absence of any such agreement, these terms and conditions shall apply.
• The Contract (Rights of Third Parties) Act [1999] shall be excluded.

Performance

• The Business shall perform the Contract with reasonable skill, experience and promptness.
• Time shall not be of the essence unless agreed in writing between the parties. If the Client has a specific date by which the Goods are required, then the Client must inform the Business in writing in advance and provide any necessary information to the Client in good time to enable the Business to provide the Goods by the specific date.
• In the event of delay due to an event or action by a third party beyond either party’s control or power shall mean that the Business shall have a further reasonable time in which to perform the Contract. Such events shall include any breakdown of the Business’s IT systems or system providers preventing the Business communicating the Goods by electronic communication to the Client.
• If the delay in the performance of the Contract is due to the actions of or omissions of the Client, the Business shall not be liable for late delivery of the Goods and shall be entitled to a reasonable further period of time in which to perform the Contract and/or compensation for any costs or losses, it suffers as a result of such delay.
• In the event that the performance is delayed by the actions or omissions of the Business, the Client may be entitled to recover any losses directly arising from such delayed performance, but limited to the Fee under the Contract for the Goods or the Services which have been delayed.
• The Business shall agree to perform the Contract based on an agreed Fee.
• The parties shall agree the terms of the Services in writing prior to commencement of the performance of the Contract.

Consideration

• The Client shall pay the agreed price or fees ('the Fees') to the Business in advance of performance of the Contract to enable the Business to begin working on providing the Goods. The Business shall not be obliged to commence working on providing the Goods until payment in full is received. Any delay in payment may affect the Business’s ability to deliver the Goods by the required date. Late delivery resulting from late payment is therefore entirely due to the Client and the Client’s responsibility.
• If the parties agree to pay on invoice, the Client shall pay the Business within 14 days of the date of invoice without any deduction or withholding on account of any rights of equitable set off which the Client may claim.
• The Fees will be subject to VAT, if and when the Business becomes registered, at which point it will notify any potential clients of such liability in advance.
• In the event of late payment or non payment of the Fees by the Client, the Business may suspend performance of the Contract and exercise its rights generally under the Late Payment of Commercial Debts Act 1999.
• The Goods shall remain the property of the Business until it receives the Fees in full.

Liability

• The Client’s liability for the agreed Fees will continue until the Business is paid in full, whether or not the Client is satisfied with the performance of the Contract, as such judgement of satisfaction can be entirely subjective. The Client shall not be entitled to offset or counter-claim on grounds of dissatisfaction with the performance of the Contract.
• In the event that performance of the Contract is prevented by any event beyond the control of the Business, the Business’s maximum liability shall be limited to the amount of the net Fees and shall not include any indirect loss, including loss of profits or business arising from any omission, action or failure to perform the Contract.
• The Contract (Rights of Third Parties) Act 1999 is excluded from the Contract by mutual agreement of the parties.

Intellectual Property Rights

• Any Intellectual Property Rights (being defined as the copyright in any written document supplied by the Business to the Client) in the Goods or the Services shall remain the property of the Business pending payment in full of the Fees.
• All the material supplied in the Goods is not guaranteed to be totally original and is therefore supplied subject to the rights of third parties. However, the Business shall use its reasonable endeavours to ensure that no third party rights are infringed in supplying the goods to the Client. The Business shall not be liable to any third party for breaches of their intellectual property rights.
• The Intellectual Property Rights in the Goods or the Services shall remain the property of the Business, subject to the rights of any third party and the Client shall not be entitled to these Intellectual Property Rights unless licensed to use them by the Business upon receipt of payment in full.

General

• The Contract shall be interpreted in accordance with English Law and subject to the non-exclusive jurisdiction of the Courts of England and Wales.