852 RECORDINGS TERMS & CONDITIONS
852 Recordings Terms and Conditions
Definitions
"Producer" refers to 852 Recordings, a sole proprietorship business registered and trading under 'James Mensah' in England and Wales.
"Client" is the person, company, or organisation invoiced for the Producer's services.
"Media" includes video, audio recordings, music, voice-overs, and other works that may be reproduced.
"Reproduction" means copying, editing, distributing, broadcasting, or any other use of Media in whole or in part.
"Session" - Any and all booking dates made by the Client and services carried out by the Producer.
Copyright
The Client acquires non-exclusive, perpetual rights to use the Media created under this Agreement for their internal and external business purposes, including but not limited to marketing, advertising, and promotional activities. The Producer retains full worldwide copyright ownership of all Media and reserves the right to be credited as the author of the Pictures under UK copyright law. Any usage of the Media beyond the scope specified in the invoices or this Agreement requires prior written consent from the Producer.
Usage Rights
Unless stated on the invoice, the rights granted to the Client are non-exclusive and non-transferable. The Media may not be altered without the Producer's prior written consent.
Payment
The Client is required to settle the invoice in full at least 24 hours before the start of the shoot. In the event the Producer grants permission for the Client payment of the invoice after the session, full payment is required within Three (3) working days after the session. During this time, the Client is not granted any rights to reproduce, publish, or use any Media produced during the session. Failure to pay the invoice constitutes unauthorised use and infringement of the Producer’s copyright. Overdue invoices allow the Producer to charge statutory interest, cancel this Agreement, and pursue legal action to recover damages. The Producer reserves the right to suspend services and notify third parties for collection of the payment if any invoice becomes overdue.
Production: Fees and Deposits
The total cost of a session is normally to be paid in full 24 hours prior to the scheduled start time. On the occasion the Producer accepts to take a partial deposit payment instead, to book a session date, the Client must pay a minimum Fifty percent (50%) non-refundable deposit to the Producer at least 24 hours in advance. The size of the deposit may vary depending on the job contracted.
Cancellations
Cancellations over 2 working days before the date receive a full refund.
If the Client cancels less than 24 hours before the shoot, they will receive a maximum 50% refund of the total cost (if full payment of the invoice was made prior). If the Client fails to appear for the scheduled session, no refund will be provided.
Refund Policy
At 852 Recoerdings we strive to provide exceptional videography services that meet or exceed our clients' expectations. However, we understand that there may be instances where a client is unsatisfied with the final product.
If you are unhappy with the finished video, we offer a partial refund of up to 50% of the total service fee, subject to the following conditions:
-
Satisfaction Check: Throughout the videography process, we ensure client satisfaction at every step, including during pre-production planning, filming, and post-production editing. If concerns arise during any of these stages, we will work with you to address them promptly.
-
Refund Request: To request a refund, you must submit a written request within 7 days of receiving the final video, clearly stating the reasons for your dissatisfaction.
-
Refund Approval: Our team will review your request and the circumstances surrounding the project. If we determine that a refund is warranted, we will issue a refund of up to 50% of the total service fee.
Please note that refunds will not be granted for subjective creative differences or changes in project requirements after the initial consultation and agreement. We value our clients and strive to deliver outstanding videography services. (If you have any concerns or questions, please do not hesitate to contact us.) Refunds will be returned within 7 working days of the refund request.
Delivery
The Producer will deliver the final Media digitally within 14 working days after the production session, or other timeline mutually agreed upon. Any issues must be reported within 7 days of reciept of the media, or materials will be deemed accepted. The Producer must receive full payment of the invoice balance within 3 working days of the end of the session date. The Producer reserves the right to withhold all Media until the full balance has been paid. In the event that the Client fails to settle payment or the full balance within 14 days after the session date, the Producer reserves the right to cancel the agreement without returning the Client's deposit payment. Any Media created during the session will be deleted from the Producers storage device.
Media Archiving
The Producer will archive files for a maximum of one month after the shoot date after delivery is complete and confirmed. The Client must request archived Media within One calendar month of the shoot. The Producer is not obligated to store files beyond One calendar month after initial delivery to the Client. It is the Client's responsibility to securely store the delivered Media once received. Once confirmation of receipt has been made by the Client, the Producer has no further obligation to store the Media for longer than 28 calendar days after confirmation.
Releases
For any Media featuring recognisable individuals, the Client is responsible for obtaining all necessary releases for the specified use.
Confidentiality
The Client agrees to keep confidential any business information shared by the Producer, including pricing, customer data, business plans, etc.
Liability
The Producer is not liable for any damages arising from the Client's use of the Media. The Client
indemnifies the Producer against any claims resulting from unauthorised use.
Complaints
If the Client has any complaint about the Producer's work, the Client will notify the Producer in writing within 7 days of discovery of the issue to give the Producer the opportunity to investigate the complaint and determine if corrective action may be taken.
The key aspects this covers are:
-
Requiring complaints to be submitted in writing
-
Setting a timeframe for the client to submit complaints after an issue is discovered
-
Giving the contractor notification and a chance to investigate complaints (up to 14 days of the complaint).
-
Leaving open the possibility of corrective action if warranted by the Producer
Governing Law
This Agreement is governed by English law. Disputes will first be handled by negotiation, followed by confidential binding arbitration if required.
James Mensah T/A ‘852 Recordings’. ® All Rights Reserved.