OUR TERMS & CONDITIONS
Application and Entire Agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) – Services are the collective term for the whole production process. Big Storey Productions is a trading name of Thomas Storey registered in England and Wales as a sole trader at the registered address of 40 Peckerdale Gardens, Spondon, Derbyshire, DE21 7SX (we or us or Producer) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
Services
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your Obligations 10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees and Deposit
13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services. We shall where possible make you aware of possible incidentals in advance.
15. You must pay us for any additional services provided by us that are not specified in the original quotation and brief in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
16. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
17. You must pay a deposit (Deposit) as detailed in the quotation at the time of accepting the quotation, unless otherwise agreed.
18. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
19. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and Amendment
20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the quotation, (unless the quotation has been withdrawn).
21. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
22. If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
23. If we must make any change in the Services or how they are provided, due to circumstances beyond our control, which includes, but is not limited to those set out in the clause below (Circumstances beyond a party's control), we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.Payment
24. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation.
c. In the case of a wedding, upon signing of a contract.
25. You must pay the Fees due within 30 calendar days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
26. Time for payment shall be of the essence of the Contract.
27. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
28. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
29. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
30. Receipts for payment will be issued by us only at your request.
31. All payments must be made in British Pounds unless otherwise agreed in writing between us.
21. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
22. If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
23. If we must make any change in the Services or how they are provided, due to circumstances beyond our control, which includes, but is not limited to those set out in the clause below (Circumstances beyond a party's control), we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.Payment
24. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation.
c. In the case of a wedding, upon signing of a contract.
25. You must pay the Fees due within 30 calendar days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
26. Time for payment shall be of the essence of the Contract.
27. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
28. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
29. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
30. Receipts for payment will be issued by us only at your request.
31. All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-contracting and Assignment 32. We can at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party. This includes the Producer hiring external freelance production members to fulfil our services.
33. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
34. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
34. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual Property & Exclusivity
35. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. This includes all raw footage and computer files. We will not be solely responsible for the storage and maintenance of raw footage/digital files once services are complete and delivered.
a. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
b. The usage rights granted are personal to the Customer and may not be assigned, nor may any goods submitted to the Customer be loaned or transferred to third parties.
c. The Producer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Customer.
d. The Producer retains the right in all cases to use the Goods covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting the Producer’s work.
35. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. This includes all raw footage and computer files. We will not be solely responsible for the storage and maintenance of raw footage/digital files once services are complete and delivered.
a. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
b. The usage rights granted are personal to the Customer and may not be assigned, nor may any goods submitted to the Customer be loaned or transferred to third parties.
c. The Producer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Customer.
d. The Producer retains the right in all cases to use the Goods covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting the Producer’s work.
Liability and Indemnity
36. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
37. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
38. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
39. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
40. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
36. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
37. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
38. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
39. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
40. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
41. When supplying the Services to the Customer, the Producer may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
42. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Producer shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
43. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
44. The Producer shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
45. The Producer shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
46. The Producer shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Producer on behalf of the Customer.
47. Further information about the Producer's approach to data protection can be requested by email to: hello@bigstoreyproductions.co.uk
41. When supplying the Services to the Customer, the Producer may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
42. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Producer shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
43. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
44. The Producer shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
45. The Producer shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
46. The Producer shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Producer on behalf of the Customer.
47. Further information about the Producer's approach to data protection can be requested by email to: hello@bigstoreyproductions.co.uk
Circumstances Beyond a Party's Control
48. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
a. In the case of services carried out at events. we reserve the right to terminate this contract in the event we are unable to attend the event due to reasonable cause such as illness, injury, victim of crime etc. In the event of cancellation by us, or other party, or in the very unlikely event of total equipment failure, liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
b. In the event of only a part of the services being fulfilled we will in that case return a fair proportion of the price. Whilst every reasonable effort is made to record significant parts of events we cannot guarantee to capture any particular aspect of the event, in particular due to circumstances out of our control.
c. This includes any production outside which may be restricted in the event of heavy rain or other undesirable weather elements.
48. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
a. In the case of services carried out at events. we reserve the right to terminate this contract in the event we are unable to attend the event due to reasonable cause such as illness, injury, victim of crime etc. In the event of cancellation by us, or other party, or in the very unlikely event of total equipment failure, liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
b. In the event of only a part of the services being fulfilled we will in that case return a fair proportion of the price. Whilst every reasonable effort is made to record significant parts of events we cannot guarantee to capture any particular aspect of the event, in particular due to circumstances out of our control.
c. This includes any production outside which may be restricted in the event of heavy rain or other undesirable weather elements.
Editing & Post Production
49. All editing and post-production will be carried out at the Producer’s discretion and using our own artistic style – by accepting our services you are agreeing to our style. Pleasing colour balance and illuminance will be provided but due to greatly varying lighting conditions per location, this cannot be guaranteed. The Producer will re-touch and finish the video/photos according to his own discretion.
a. In the case of video, during the post-production process, a sample video may be sent to the client to ask for any feedback or opinion on the video so far. Any editing decisions made shall be deemed correct. The client is limited to two revisions only, consisting of one major and one minor revision.
b. Although the Producer will try their best to accommodate any changes that the client may like, the Producer cannot guarantee all changes will be made. Editing your video is an extremely time-consuming exercise and even minor alterations can be very time consuming. Any alterations after delivery of the final product – other than for obvious mistakes i.e. spelling mistakes – will be chargeable at the hourly rate of £50 per hour.
49. All editing and post-production will be carried out at the Producer’s discretion and using our own artistic style – by accepting our services you are agreeing to our style. Pleasing colour balance and illuminance will be provided but due to greatly varying lighting conditions per location, this cannot be guaranteed. The Producer will re-touch and finish the video/photos according to his own discretion.
a. In the case of video, during the post-production process, a sample video may be sent to the client to ask for any feedback or opinion on the video so far. Any editing decisions made shall be deemed correct. The client is limited to two revisions only, consisting of one major and one minor revision.
b. Although the Producer will try their best to accommodate any changes that the client may like, the Producer cannot guarantee all changes will be made. Editing your video is an extremely time-consuming exercise and even minor alterations can be very time consuming. Any alterations after delivery of the final product – other than for obvious mistakes i.e. spelling mistakes – will be chargeable at the hourly rate of £50 per hour.
Use of Music
50. In the case of video production, the Producer will include one limited-licensed Royalty-Free song per video free of charge, chosen at the discretion of the Producer.
a. If the customer wishes to use copyrighted music used in their video, it is up to the sole discretion of the customer to attain the necessary licenses from the owner to use the music track in the video.
b. Please be aware that if you intend to upload or share your video anywhere online, you will be fully liable for any charges or strikes you may receive as a result of using copyrighted music. The Producer accepts no liability for any of these charges.
50. In the case of video production, the Producer will include one limited-licensed Royalty-Free song per video free of charge, chosen at the discretion of the Producer.
a. If the customer wishes to use copyrighted music used in their video, it is up to the sole discretion of the customer to attain the necessary licenses from the owner to use the music track in the video.
b. Please be aware that if you intend to upload or share your video anywhere online, you will be fully liable for any charges or strikes you may receive as a result of using copyrighted music. The Producer accepts no liability for any of these charges.
Delivery of goods
51. When applicable, your finished goods will be aimed to be delivered within 1 month on average, although this time may be longer if any unforeseen circumstances arise during the post-production process. You will be informed if it is to be considerably longer.
a. When the goods are ready to be delivered, the digital version will be uploaded to an online cloud service where the client will be sent an access link to be able to download the goods. The goods will be available at this link for 1 whole calendar month. After this time period, the producer cannot guarantee any further access to nor storage of the goods. It is up to the customer to download and arrange suitable redundancy measures.
b. If applicable, physical goods will be or posted to the provided address via recorded delivery, or goods can be collected from the producer if preferred.
c. In the event of online cloud services not working for the client, alternative delivery methods will be arranged.
51. When applicable, your finished goods will be aimed to be delivered within 1 month on average, although this time may be longer if any unforeseen circumstances arise during the post-production process. You will be informed if it is to be considerably longer.
a. When the goods are ready to be delivered, the digital version will be uploaded to an online cloud service where the client will be sent an access link to be able to download the goods. The goods will be available at this link for 1 whole calendar month. After this time period, the producer cannot guarantee any further access to nor storage of the goods. It is up to the customer to download and arrange suitable redundancy measures.
b. If applicable, physical goods will be or posted to the provided address via recorded delivery, or goods can be collected from the producer if preferred.
c. In the event of online cloud services not working for the client, alternative delivery methods will be arranged.
Communications
52. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
53. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
54. All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other party.
52. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
53. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
54. All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other party.
No waiver
55. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
55. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
56. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
57. These Terms and Conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Terms and Conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.