Terms and Conditions RedCloud Video
A contract is formed between a customer (referred to as the “Customer”) and RedCloud Video (referred to as the “Company”) when an Order is received from the Customer.
An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Content & Delivery per product:
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.
We shall produce one master copy of the production only for your use. Should you require further copies an additional charge will apply.
Revisions of work based solely on final edits and not footage reshoots. The number of which although not limited should be kept to a reasonable and fair amount, so as not to adversely affect RedCloud video in time and cost.
Times given for delivery of the Service are estimates only and time shall not be of the essence.
Social media video: Boost and Pro
The Service shall be delivered to you in accordance with the online purchase option selected and its associated product offerings as stated online. We shall produce one master copy of the production only for your use.
Social media Intro/Intro+, Unite/Unite+ packages include online social media distribution as agreed at time of purchase.Social media Intro/Intro+, Unite/Unite+ include stock footage and Social media PRO: Essential, Business & Enterprise contain bespoke and stock content.
Social media video turnaround times:
Intro packages have a 5-day turnaround, Unite packages are 10 days. Working days.
Essential is a 7-day turnaround, Business and Enterprise are 10 days. (Working days).
All book trailer options, CLASSIC, LAUNCH, EPIC & BESPOKE will be delivered to you in accordance with the online purchase option selected and its associated product offerings as stated online and as per online info questionnaire/brief.
We produce one master copy of the production only for your use.
Book trailer turnaround times:
Classic 3 days, Launch is 5 days, Epic is 10 days and Bespoke 14 days. All refer to business or working days.
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
Warranties and Liability:
We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you, which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.
Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
The Company shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The Company reserves the right to charge interest on overdue amounts at an annual rate of 5% above the Lloyds Bank base rate ruling on the date payment is due. Title in the goods or services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
Health & Safety:
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
Booking Fee/Cancellation: Corporate video/Book trailer (bespoke)
Monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. If the Customer cancels the order less than 2-weeks prior to the Company supplying the product(s) or service(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid. If the Customer cancels their Order more than 8-weeks prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.
Buy now products that are spread over a 12 week term are payable in accordance with the set monthly PayPal terms on the Redcloudvideo.com website. If work is completed and handed over to the client full payment is expected in a timely manner. In the case of non-payment. The Company reserves the right to charge interest on overdue amounts at an annual rate of 5% above the Lloyds Bank base rate until payment is received.
The Company accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Company being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
Unless otherwise stated in the Order, the Company retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s).
The Customer must also ensure that permission is sought for the inclusion of any performers or performance, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
Data Protection: The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
Care and Damage to client property: Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Company.
Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
Right of Assignment: The Company retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
Confidentiality: Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product(s) or service(s).
Basis of law: These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.