1. Introduction
1a. These Terms and Conditions (“Terms”) govern all film, photography, and podcast services (“Services”) provided by iRec Multimedia LTD, a company registered in England and Wales under company number 09565946, with its registered office located at 6 Ebberns Road, Hemel Hempstead, Hertfordshire, HP3 9QR (“the Company”).
1b. These Terms apply exclusively to corporate clients. Separate terms and conditions apply to consumers as defined under the Consumer Rights Act 2015.
2. Definitions and Interpretation
2a. In these Terms, unless the context requires otherwise, the following definitions shall apply:
“Contract”: The agreement for our Services, which incorporates these Terms and any additional terms agreed upon in writing.
“Client”: The business or entity purchasing our Services. If an individual enters into this Contract on behalf of a business, they warrant that they have the authority to bind that business.
“Quotation”: Our written offer detailing the Services and associated costs, which remains valid for a period of 30 days unless otherwise specified.
“Services”: The film, photography, and podcast production services provided by the Company.
2b. Other references:
“writing” or “written”: Includes email and other forms of electronic communication.
“we”, “us”, “our”: Refers to the Company.
“you”, “your”: Refers to the Client.
“these Terms”: Refers to these Terms and Conditions as amended or supplemented from time to time.
“Clause”: Refers to a clause within these Terms.
2c. Words in the singular include the plural and vice versa. References to persons include corporations and vice versa.
3. Formation of the Contract
3a. An enquiry regarding our Services can be made via telephone, in person, or through email. We may arrange consultations to discuss your specific needs and provide a Quotation detailing the Services and associated costs.
3b. A Contract is formed when you accept our Quotation in writing. Any changes to the Quotation after acceptance must be agreed upon in writing by both parties, and we will notify you of any price adjustments in writing.
3c. The Contract may be structured in one of the following ways:
i. A one-off project for a fixed fee.
ii. A one-off project charged at an hourly rate.
iii. On a retained basis, with the term specified in the Quotation.
4. Payment Terms
4a. Fixed Fee Projects
4a. For projects with a clearly defined scope, the Client shall pay a fixed fee as outlined in the Quotation. The payment terms are as follows:
i. A deposit of 50% is required upon acceptance of the Quotation.
ii. The remaining 50% is due upon completion of the Services.
4b. Hourly Rate Projects
4b. For projects requiring a flexible approach, the hourly rate is structured as follows:
i. £175 for the first hour.
ii. £75 per hour thereafter for the duration of the project, including until the final edit.
4c. Retained Services
4c. For businesses with ongoing content needs, retained services provide continuous support and expertise. The terms of our retained services include:
i. An initial term of three, six, nine, or twelve months, unless otherwise specified in the Quotation.
ii. Automatic renewal on a rolling basis unless terminated in accordance with these Terms.
iii. A 30-day written notice is required for termination at the end of any term.
4d. Retained services ensure consistency and reliability, effectively maintaining your brand’s media presence over time.
5. Client Responsibilities
5a. Venue Access and Permissions
5a. The Client is responsible for informing venues about the shoot or recording, posting necessary disclaimers, and securing any required permissions. Any associated costs will be charged to the Client.
5b. Child Participation
5b. If children are involved in the project, the Client must obtain and provide all necessary consent forms prior to the commencement of the Services.
6. Artistic Control
6a. The Company retains full artistic control over the style, composition, and technical execution of the project. All Services will be delivered with industry-standard care and professionalism.
7. Video Shoots
7a. Filming and Scheduling
7a. The duration of filming is based on an 8-hour day; any additional hours will be billed at a previously agreed rate. Mileage and other expenses may apply.
7b. Clients must provide logos and graphics in the required formats before editing begins and ensure that all materials provided are free from copyright infringement. Scripts drafted by the Company require the Client’s approval prior to filming.
7c. Editing and Delivery
7c. A rough draft of the video will be provided to the Client for feedback. Clients who are billed on an hourly rate may request unlimited drafts, which will be invoiced accordingly.
7d. Minor edits (up to 10% of the total video duration) requested within one month of delivery are included for fixed fee packages. Significant changes or requests that exceed the initial brief will incur additional charges.
7e. The final video will be delivered after the Client’s approval and full payment via a secure cloud transfer. Any further changes or requests for additional copies will be chargeable.
8. Photo Shoots
8a. Scheduling and Logistics
8a. Clients must communicate detailed shoot requirements during the initial enquiry. Rescheduling requires at least two weeks’ notice; late changes may result in additional fees.
8b. Clients are responsible for ensuring access to the location and obtaining any necessary permissions or permits. Adverse conditions, such as poor lighting or inclement weather, may affect the outcome of the shoot.
8c. Photo Delivery
8c. Clients will receive proofs for selection. Final images will be edited and delivered within the agreed timeframe following the Client’s approval. Any additional edits beyond the agreed scope may incur extra charges.
9. Podcast Recordings
9a. Session Planning
9a. During the initial consultation, we will discuss topics, format, and technical requirements to ensure that the podcast aligns with the Client’s vision.
9b. Recording Schedule
9b. Changes to the recording schedule must be communicated at least two weeks in advance to avoid additional fees. This notice period allows us to manage resources effectively and ensure a smooth recording process.
9c. Editing and Finalisation
9c. A draft of the podcast will be provided for the Client’s review, allowing for minor edits and adjustments. The final podcast will be delivered in the agreed format after the Client’s approval and full payment.
10. Price and Payment
10a. Prices for our Services are outlined in the Quotation provided to the Client. For retained services, billing will occur monthly, while fixed fee projects require a 50% deposit upfront.
10b. Late payments will incur a charge of £1 per day after the invoice due date until the outstanding amount is settled in full.
11. Copyright and Licence
11a. The Company retains copyright of all materials produced until full payment is received. Music and stock media can be licensed through the Company at an additional cost.
11b. Clients must demonstrate the right to use any materials they provide, ensuring that all content is compliant with applicable copyright laws.
12. Intellectual Property
12a. Upon full payment, Clients obtain ownership of the final versions of the deliverables, excluding drafts and preliminary materials. The Company reserves the right to use any materials produced for promotional purposes unless otherwise agreed in writing.
12b. Clients must ensure that any materials they supply do not infringe on third-party rights. The Client agrees to indemnify the Company against all losses, damages, costs, and expenses resulting from any infringement claims.
13. Events Outside of Our Control (Force Majeure)
13a. The Company shall not be liable for delays or failures in performance due to causes beyond our control, including but not limited to natural disasters, strikes, or other unforeseen events.
13b. In such cases, the Company will notify the Client as soon as possible and work to reschedule or adjust the project timeline accordingly.
14. Rescheduling and Cancellation
14a. Rescheduling of shoots or recordings requires at least two weeks’ notice. Cancellations may result in the forfeiture of retained deposits and charges for work completed up to the cancellation date.
14b. The Company will make reasonable efforts to accommodate changes; however, the Client may be liable for costs incurred as a result of the cancellation.
15. Data Protection
15a. The Company is committed to protecting the Client’s personal information and handling it in compliance with the General Data Protection Regulation (GDPR) 2016/679.
15b. We ensure the security and confidentiality of the Client’s data throughout our services and will not share personal information with third parties without the Client’s consent, except as required by law.
16. Other Important Terms
16a. The Contract is between the Client and the Company and is not intended for third-party enforcement. If any clause is found to be unlawful or unenforceable, it shall not affect the validity of the remaining terms, which will continue to be in effect.
17. Law and Jurisdiction
17a. These Terms and Conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.
17b. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Acceptance of Terms
18a. By engaging our Services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions in their entirety.
18b. If the Client has any questions or requires further clarification regarding these Terms, they are encouraged to contact the Company prior to acceptance.
19. Amendments to Terms
19a. The Company reserves the right to amend or update these Terms and Conditions from time to time. Any changes will be communicated to the Client in writing.
19b. Continued engagement of our Services following any amendments shall constitute acceptance of the revised Terms.
20. Severability
20a. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
20b. The invalidity of any provision shall not affect the validity of the remaining provisions, which shall remain in effect as if the invalid provision had not been included.
21. Entire Agreement
21a. These Terms and Conditions, along with any Quotation provided, constitute the entire agreement between the Client and the Company regarding the Services and supersede all prior agreements, understandings, and negotiations, whether written or oral.
21b. No variation or modification of these Terms shall be effective unless made in writing and signed by both parties.
22. Contact Information
22a. For any inquiries or concerns regarding these Terms and Conditions or the Services provided, the Client may contact the Company at:
Email: me@eric-johnson.co.uk
Phone: 07740 297819
Address: 6 Ebberns Road, Hemel Hempstead, Hertfordshire, HP3 9QR
22b. The Company is committed to providing excellent customer service and will respond to all inquiries in a timely manner.
