Terms and Conditionsjabber2019-03-20T22:58:56+00:00
The expression “the Supplier” means Jabberwocky Creative.. The expression “the Buyer” means the person, firm, company or entity purchasing goods or services from the Supplier.
The Supplier contracts on these conditions only, and acceptance by the Supplier of any order from a Buyer will be deemed an acceptance of these Terms and Conditions by the Buyer. No Terms and Conditions other than those set forth herein or any variation thereof under Condition 24 shall be binding upon the Supplier or the Buyer unless provided in writing and signed by or on behalf of both the Supplier and the Buyer.
For Buyers without a good credit history with the Supplier, Buyers not based in the UK, Buyers who are not a Limited Company and new Buyers, payment of 100 per cent of the fee is required before the product is supplied. For Buyers with a good credit record with the Supplier, payment is due within 30 days of the date of invoice (unless otherwise specified by the Supplier). Failure to pay Jabberwocky Creative within this 30 day period will be considered a breach of copyright and is punishable under criminal law.
In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (EC Directive), the right is reserved to charge interest at 8% above the late payment period reference interest rate based on the relevant Bank of England base rate on all amounts outstanding for more than 30 days (the Credit Period) from the Tax Date indicated on the invoice.
The right is reserved to levy a minimum charge of £10 for each written reminder or statement produced and sent after the Credit Period.
Credit facilities and the supply of any future services may be withdrawn in the event of a breach of these Terms and Conditions.
Broadcast voice-over fees are set to the minimum relevant Equity Agency rates, together with any additional Terms and Conditions published on the relevant Equity rate cards or guidelines in force at the time the service was provided.
Fees for voice-overs supplied for radio commercials produced by a radio station or appointed sub-contractor under the Equity Independent Radio Commercials Payments Rate Card are calculated on a one fee per voice performed, per script, per station basis at the relevant transmitting station(s) rates unless otherwise indicated.
Audio will be supplied in one wav file per voice artist at 44.1KHz and 16 bit and high quality mp3.
Fees are set at a level to reflect the stated usage at the time of booking. Any further usage on other broadcast outlets, for other advertisers, in other media, beyond the duration of stated licensing terms or the re-use of recorded material in other productions is beyond the scope of the original agreement and must be advised by the Buyer at the point of intended further use, the Supplier’s permission sought and appropriate payments made at the Suppliers discretion at or above the rates then prevailing on the relevant Equity rate card. Use periods will be considered to commence from the date of the original supply of the material.
Non broadcast audio can be used for any purpose except TV and radio advertising campaigns.
Copyright in all written and/or audible work created by the Supplier remains the property of the Supplier, unless the Buyer and Supplier have agreed otherwise by way of written contract. Audio is licenced for a specific use and is not normally granted to the Buyer.
The Buyer undertakes that they will notify the Supplier if they shall assign, transfer or sell any Contract or benefit to which these Terms and Conditions apply.
The Buyer warrants and undertakes that: (a) they will be responsible for obtaining and paying for all necessary licences and consents for the use of any copyright material contained in, or the inclusion of any person in their production; (b) No copy will breach the copyright or other right of or be defamatory toward any third party; (c) they will indemnify and keep the Supplier indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use of any copy or matter supplied by the Buyer.
Prices are quoted net of Value Added Tax which will be payable at the current rate.
In the event of any failure by the Buyer to comply with these Terms and Conditions, the Supplier may terminate immediately any licence to the Buyer to broadcast or perform or otherwise exploit the Supplier’s work.
If any provision of these Terms and Conditions is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these Terms and Conditions and of the remainder of the provisions in question shall not be affected.
Governing Law: The Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
All accounts are to be settled by either BACS (online payment) , Cheque, Cash or via Paypal. All audio which is purchased will be sent to the Buyer within 48 hours of the recording session. Where the Buyer has pre-paid, refunds will be given if we are unable to supply the audio within the time period agreed with the Buyer.
These Terms and Conditions may be varied from time to time.
The client’s requirements must be clearly provided to Jabberwocky Creative in writing before commencement of work and subject only to one set of minor alterations thereafter.
Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement.
The client may terminate the contract at any time by written notice of termination.
When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Jabberwocky Creative unless any other written agreement is reached in advance.
Any monies held on account and unused will be returned.
Jabberwocky Creative 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 libelous, defamatory or illegal.
Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
Jabberwocky Creative cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
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.
E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
Any confidential or proprietary information which is acquired by Jabberwocky Creative 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, Jabberwocky Creative will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
Any contract requiring Jabberwocky Creative to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Jabberwocky Creative.
Any claims must be made in writing to Jabberwocky Creative within five days of receipt of the commissioned product. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing, will be acknowledged by Jabberwocky Creative within 21 days and a detailed reply will be issued to the client within a further 21 days thereafter.
Jabberwocky Creative 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 Jabberwocky Creative, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
This agreement will be governed by the laws of England and Wales