TERMS and CONDITIONS
These Terms and Conditions are for your protection as well as ours. Please read them carefully.
Definitions
• A “Client” will be defined as an individual acting on behalf of themselves or on behalf of a company.
Quotes
• Quotes are valid for three months from date of issue.
Contract
• A contract will be made between BoMoJo and the Client once confirmation in e-mail has been received by BoMoJo from the Client agreeing to the quotation and having read the Terms and Conditions.
• Any amendments or additional days filming will be charged at our daily/hourly rates.
• A telephone conversation will not be accepted as a method to form a Contract.
Creative Control
• The Client is hiring BoMoJo because they like the style of work BoMoJo creates.
BoMoJo retains creative control of the final video
Health and Safety
• In all instances BoMoJo will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
• BoMoJo will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
Insurance’s (people, equipment etc)
• BoMoJo carries public liability insurance cover of £5 million pounds.
Upgraded specific project insurance cover can be provided if required upon request.
External Influences
• The Client will not hold BoMoJo liable for any additional Contract costs that are out of BoMoJo’s control.
• The Client will not hold BoMoJo liable for any financial losses due to sickness, hospitalisation, personal bereavement, weather conditions, or any other external influence or reasonable matters that prevents BoMoJo carrying out the provision of a Contract.
Aborting filming (on shoot day) or re shooting due to clients lack of organisation.
• If filming venues are being organised by the Client, it is the Clients responsibility to ensure that BoMoJo has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
• Should the filming/recording not take place due to lack or client’s organisation, full payment will be incurred.
Changing filming dates.
• In the event of the Client wishing to change the filming date we insist on a minimum of 2 weeks notice.
Failure to comply will result in the Client becoming 100% liable for all costs incurred.
Equipment substitution / failure.
• In the unlikely event that BoMoJo experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. No further claims or liability will be accepted.
Approval / amendments of draft footage (1 set of minor amendments)
• On the majority of projects, a 'draft’ version of the production will be forwarded to the Client for their review.
This draft may receive one set of minor revisions only, which is included in the original agreed cost.
• Subsequent revisions thereafter or a major re-edit will incur an additional rate at £50 per hour.
Cancellation.
• If the Client give less than two weeks notice of cancellation, full payment will be due.
Termination of Contract.
• The Client fails to pay any outstanding debts with BoMoJo in a timely manner.
The Client will agree to be fully liable for any monies still outstanding.
Payment terms
• BoMoJo expects 50% of final payment up front and the final 50% to be paid within 7 days by BACS transfer from date of final invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term.
• BoMoJo reserves the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme.
Care of product
• BoMoJo will hold the Master Copy for a period of 6 months from the date of delivery of the Edited Master Copy to the Client.
• You are advised to take care of your Edited Master Copy as it will be needed if further copies are required.
• All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of an e-mail order.
• All Terms and Conditions stated within this document override any Terms and Conditions from the Client.
Copyrights
Once the full fee has been paid the client will have copyright ownership of the completed video.
Copyright (raw material provided by BoMoJo)
• The Copyright of all material that has been captured by BoMoJo is solely owned by BoMoJo.
• BoMoJo reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes.
• Full rights to the raw footage may be purchased for an additional fee of £400 or 10% of the total fee (which ever is greater).
Copyright (material provided by Client)
• In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a BoMoJo production, copyright must firstly be obtained from the original copyright owner / material provider.
• In order for BoMoJo to use this material the copyright must be explicitly transferred to BoMoJo, or the material to be provided to BoMoJo totally free of charge and the client will have to indemnify BoMoJo against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
• BoMoJo will reserve the right to use the final production in full or part content for promotional purposes.