APPLICABLE TO ALL CLIENTS
This page [together with the documents referred to on it] tells you the terms of supply on which we provide the services [services] listed from time to time on our website BRADLEY.TV and by our company BRADLEY.TV LTD. Please read these terms of supply as well as our BRADLEY group terms and conditions [BRADLEY.CO/legal] carefully and make sure that you understand them, before using the services on our site or ordering from our company.
- Unless agreed otherwise in writing 50% of the invoice as a deposit must be paid after terms of contract are agreed and at least 14 days prior to commencement of work. The remaining 50% shall be payable on completion of the project and prior to handover or deployment. In relation to specific contracts these figures or terms may be varied as set out in the respective statement of work [SOW] contract.
- For invoices over £500 sterling BRADLEY will issue an invoice for payment as each sum becomes due, to be paid within the agreed number of days of the date of that invoice.
- For invoices under £500 sterling BRADLEY may require payment upon completion of transfer of goods or services to the purchaser.
- BRADLEY’s fees shall be exclusive of taxes, disbursements and expense items related to the agreed programme such as messenger services, postage, overseas telephone charges, photocopying, photography, prints, disk or tape duplications, creation of audio and video streaming files, travel accommodation, subsistence, fax charges, talent, location fees, clearance charges, credit card charges [stripe.com] and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
- If payment is not received within the agreed amount of time of the invoice date, BRADLEY will automatically charge interest at a rate of 8% per annum, which will be added to the customer’s account. BRADLEY also reserve the right to enforce a Late Payment Charge in line with current legislation.
- Payment should be made by BACS, CHAPS or cash. International payments must be made in advance by wire [IBAN] transfer. Cheque payments will only be acceptable following prior written / email approval and often take 7-10 working days to clear. We accept cheques only as a last resort. Debit card, credit card and PayPal payments attract a 3% surcharge via [Stripe.com]. Online debit card, credit card and direct debit payments can be made online here: https://bradley.tv/payment. You should not assume that cleared funds have been received until notified by our accounts department as all banks and merchants process payments in different ways and timescales.
- All cheques or bankers drafts to be made payable to ‘BRADLEY’.
- The customer’s requirements must be clearly provided to BRADLEY in writing before commencement of work and subject only to one set of minor alterations thereafter.
- BRADLEY will produce deliverables for client inspection in accordance with and by the due date specified in the relevant Project schedule and / or Confirmation of Assignment or by the time otherwise agreed in writing. The client will be required to communicate approval or amends within 7 days of supply of the link or other deliverable[s]. Acceptance or amend requests will be notified in writing by client. If the client fails to provide acceptance or amends, within 7 working days from supply of the link or other, then BRADLEY will deem acceptance of materials by client and all outstanding fees will be due by immediate return.
- Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement or an additional charge as per our current rate-card [http://bradley.tv/video-production-costs-online-rate-card].
- A video will only be publicly released by BRADLEY once the customer approves all content as complete and satisfactory and confirms this in
writing [email acceptable]. Payment in full must also have been made.
- A customer may terminate the contract at any time by written notice of termination giving a minimum of 10 working days notice.
- When a customer terminates the contract, they will remain liable to pay in full for all committed future costs and work undertaken and in progress up to the date that the written cancellation is received unless any other written agreement is reached in advance. All written communication must be sent by registered post to the BRADLEY registered office address. BRADLEY reserve the right to charge up to 25% of the total agreed production fee, if the cancellation is made within 7 days of the shoot or production deadline [whichever is soonest].
- Any monies [excluding the deposit] held on account [and unused] or overpayments received in error [or otherwise] may be returned subject to a 15% administration charge plus any credit or debit card charges that have been incurred.
- In the event of non-payment the ownership of all copyright and materials supplied [digitally or otherwise] remain the property of BRADLEY and may not be used by the client or any third party. All goods [digital or otherwise] must be returned upon request. In the event that initial, part or
deposit payment was made by credit / debit card You agree that BRADLEY reserve the right to charge unpaid or outstanding amounts to your debit / credit card and you authorise us to do this in your absence. In the event that we hold a current direct debit mandate the client also agrees that we may issue a direct debit request to the issuing bank in your absence for the amount outstanding. For international clients these actions carry an
additional administration charge of £40 sterling.
- BRADLEY reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
- Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the
information. If the customer can show good reason to use the “unsuitable” information, its inclusion may be considered.
- BRADLEY cannot be held liable for loss or damage caused as a result of client error, third party action [legal or otherwise], natural causes,
specifically the weather, acts of god or terrorism.
- The client shall provide appropriate security and renumeration arrangements for any filming outside of the United Kingdom for which BRADLEY provides crew or equipment and such arrangements shall be notified to BRADLEY in writing in advance of travel to that jurisdiction.
- BRADLEY cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
- Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs.
- If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once
approved, becomes contractually binding.
- Email correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
- BRADLEY will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
- In consideration of, and subject to, the final payment of full fees due to BRADLEY by the customer, BRADLEY hereby assigns to the customer with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content unless expressly agreed in writing between both parties.
- Any confidential or proprietary information which is acquired by BRADLEY from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, BRADLEY will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
- Any contract requiring BRADLEY to work to specific deadlines provided or to extend deadlines within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with BRADLEY, its servants or agents, as necessary.
- BRADLEY’s normal office hours are 9.00 a.m. to 6.00 p.m. GMT, Monday to Friday.
- Any claims must be made in writing to BRADLEY within 72 hours of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
- Should the customer have cause to make any complaint about service or programmes the complaint, if put in writing, will be acknowledged by BRADLEY within 14 days and a detailed reply will be issued to the customer within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to BRADLEY.
- BRADLEY shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including [without
limiting the foregoing] Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to BRADLEY, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.