Terms and Conditions
These terms and conditions apply to all contracts between “The Company” Penny4 Ltd and “The Client” requesting services provided by Penny4 Ltd.
1.1 “The Company” shall be defined as Penny4 Ltd
1.2 “Services” mean the video production services provided by Penny4 Ltd to the client
1.3 “The Client” means the individual or company requesting video production services.
2. Application of the Terms and Conditions
2.1 These terms and conditions apply to the sale of services by Penny4 Ltd to the client with the exclusion of amended terms and conditions in accordance with figure 2.2.
2.2 Penny4 Ltd reserves the right to amend these terms and conditions without notice. The most up to date terms and conditions are available to be viewed online at www.penny4.co.uk and it is the responsibility of the client to make themselves aware of any amendments.
2.3 All enquiries and orders received by telephone, email, Facebook message, Skype, text or letter to purchase a service shall be deemed as acceptance of these terms and conditions.
3.1 Penny4 Ltd preferred method of communication is by email.
3.1.1 Emails shall be deemed as received on the date they were sent.
3.1.2 It is the responsibility of the client to provide accurate contact details.
3.2 The pre-production process will be undertaken directly with the client by telephone conferencing, Facebook messaging, email or Skype communication.
3.3 All invoices and quotations will be sent by email and shall form a legal document as if they were sent by traditional post/mail.
3.4 Visits to the client’s premises are not automatically included in the quotation. If the client requires a visit to their premises, Penny4 Ltd reserves the right to make a charge for travelling expenses and consultancy rates. This will be agreed and approved with the client before the work/project commences.
4.1 Penny4 Ltd will provide the client with a quotation of costs for the services by email.
4.2 All quotations will expire 30 days after the issue date. All prices quoted may be subject to change after this period.
4.3 The Client will provide Penny4 Ltd with the information required for the project and will answer queries and provide decisions and approvals, which are necessary for the project to be completed.
4.4 The project must be completed within 12 weeks of the signature date on this contract; it cannot be postponed or delayed unless otherwise agreed by Penny4 Ltd in writing.
4.5 If the project runs over 12 weeks due to the client, a charge of 15% of the original price quoted on the contract will be applied to the final invoice to cover inconvenience. The contract will also be re-assessed and the client will be invoiced appropriately. Item 6.1, 6.2 and 6.3 still apply. Any payment made before the re-assessment will be deducted from the final invoice.
4.6 If any significant changes need to be made to the contract after signing, Penny4 Ltd is entitled to make any changes to the quoted price. If an agreement cannot be arranged item 6.1, 6.2 and 6.3 will still apply.
4.7 Once the service has been completed and approved by the client any further additions or amendments will be chargeable.
4.8 If The Client requires delivery faster than the standard 20 working days turnaround period, Penny4 Ltd retains the right to charge a rush fee of 10% on top of the quoted price.
4.9 If The Client requires a delivery turnaround of less than 48 hours, Penny4 Ltd retains the right to charge a rush fee of 25% on top of the quoted price.
5. Deposits and Payment
5.1 Penny4 Ltd preferred method of payment is Bacs. (Bankers Automatic Credit Transfer)
5.2 For animation work a deposit of 50% (cleared funds) of the estimated quotation unless otherwise stated is required before work can commence on the project. The client understands that this deposit is non refundable.
5.3 For filming work a deposit of 25% is asked for up front to secure the filming day booking. The client understands that this deposit is non refundable.
5.4 For filming work another 25% is billed immediately after the shoot day has been completed. This is non refundable.
5.5 The client is legally required to pay all invoices in full to Penny4 Ltd on receipt of invoice, funds to be received within 14 days of issuing the invoice unless otherwise agreed.
5.6 Penny4 Ltd does not provide credit facilities and payment is due as set out in 5.3 and 5.4 on an immediate payment arrangement.
5.7 The client will be required to pay the remaining 50% of the final quotation amount agreed on completion of the video before the video is released.
6. Cancellation and Termination
6.1 If the Client wishes to terminate the production before its completion the Client must pay Penny4 Ltd the agreed deposit of 25% of the full fee, plus any incurred costs up to the date of termination in respect to the production. Any monies received to this point are non-refundable.
6.2 If the client wishes to terminate the production within 48 hours of the agreed production date, the Client must pay Penny4 Ltd 50% of the full fee amount, plus any incurred costs up to the date of termination in respect to the production.
6.3 If the client wishes to terminate the production within 24 hours of the agreed production date, the Client must pay Penny4 Ltd 100% of the full fee amount, plus any incurred costs up to the date of termination in respect to the production.
6.4 If the client wishes to alter the production date, the Client must pay Penny4 Ltd any incurred costs up to the date of notification of rescheduling.
6.5 Penny4 Ltd has the right to terminate the service immediately if the client fails to pay any invoice that has become overdue.
7.1 The client must ensure that all material, content, images provided to Penny4 Ltd are not in breach of copyright.
7.2 Penny4 Ltd reserves the right to refuse any material of a copyrighted description unless adequate proof of receipts and permission is provided.
7.3 All content that is the sole creation of Penny4 Ltd is the property of Penny4 Ltd. Penny4 Ltd retains the exclusive rights to publish all works as their own for promotional purposes.
7.4 Penny4 Ltd retains the right to display examples of their completed projects online at www.penny4.co.uk
7.5 Penny4 Ltd retains the right to display a logo or URL link to www.penny4.co.uk in the credits of the production.
8.1 Penny4 Ltd cannot be held liable for any copyright infringements where the client has provided the content and images.
8.2 Penny4 Ltd cannot be held responsible for the delay of any work due to the client.
8.3 If the client requires the service to be completed earlier than the estimated delivery date, Penny4 Ltd cannot be held responsible for any delays.
8.4 In the unlikely event that Penny4 Ltd fails to meet an agreed deadline the client has the option to cancel the contract with no extra fee. However all works completed to date are payable in full.
9.1 The client agrees to indemnify Penny4 Ltd and keep indemnified from and against any breach by the client of these terms and conditions.
9.2 Any claim brought against the client by a third party resulting for the provision of work by Penny4 Ltd to the client and the client’s use of work, without limitation, all claims, actions, proceedings, losses liabilities, damages, costs, expenses howsoever suffered or incurred by the client, Penny4 Ltd shall not be held liable for.
10.1 These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.