Terms and Conditions

Introduction

A contract is formed between a customer (referred to as the “Customer”) and MEMORY BOX PRODUCTIONS, subsequently referred to as MBP when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by MBP to the Customer. These conditions do not affect your statutory rights.
Supply

MBP agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.

Rights reserved

Should MBP choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of MBP’s rights. By providing MBP with an Order, the Customer accepts these terms and conditions.

Payment

MBP shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. On entering into a contract with MBP 50% of the total contract cost will become payable, 25% of which will be non-refundable. Four weeks before filming begins, a further 25% of the total contract cost will become payable. Final payment will become due on delivery of the final DVDs together with all out of pocket expenses as agreed. All cheques and bank transfers must be made payable to ‘Memory Box Productions Ltd’.

Prices

All prices are subject to alterations; however this does not apply to customers who have booked and agreed the cost of their wedding package at the time of booking unless add-on’s to the packages are specifically requested at a later date.  Also please note that the length of a filming day stated must always include the preparation time prior to filming as well as the de-rigging time.

Expenses and P&P

MBP retains the right to charge reasonable out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.  Basic P&P costs will be included in the final agreed fee.  However, special deliveries and couriers must be paid for by the Client.

Travel costs

The first 60 miles is included in all wedding packages, additional round trip mileage will be charged at (0.40p per mile per vehicle).

Please contact us for a quote on mileage distance.

Health & Safety

MBP and the Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).

Creative Brief

Unless otherwise agreed, the Customer accepts MBP’s decisions on creativity within the product(s) or service(s)

Materials

All video and other materials required for inclusion in the film (eg. Music, photographs, archive materials and memorabilia) must be supplied a minimum of 4 weeks prior to the wedding day or proposed event in order to facilitate the speed of the editing process (this does not apply to late bookings). For all other films all materials must be supplied a minimum of one week before the edit begins or as agreed during the consultation process.

Production Processes

Any changes to the arrangements for the Wedding Day must be alerted to us in writing a minimum of one week before filming. Likewise for all other events to be filmed. MBP cannot be held responsible for any omissions in regard to these changes if this does not occur. If we do not receive this in writing then we will bear no responsibility for any subsequent omissions.

Editing

A wedding video may take between 1 to 4 months to edit and complete depending on the time of year. All other films will subject to individual agreements. We are very happy to provide a viewing of the film on the MBP Vimeo platform prior to delivery.  This is for the Client to view and check for material errors such as spelling mistakes.  The Client has one week in which to view the film and alert MBP regarding errors.  If we do not hear back from the Client after this then we will assume that the film can be despatched.

Please be aware that you have one week or 5 working days to notify MBP of any typing or production errors made in your finished DVD. Any faulty products must be reported to MBP within 30 days of receipt. Once these timeframes have expired and no notification has been received by MBP, then the client will be deemed to be satisfied with the product. Normal studio rates will apply for any changes or amendments we deem to be outside of the original contract agreement or it is ascertained that any errors made were not the fault of MBP.

Booking Fee/Cancellation

Monies paid by the Customer to reserve the product(s) or service(s)* of MBP will be accepted as a non-refundable Booking Fee. If the Customer cancels the order less than 8-weeks prior to MBP supplying the product(s) or service(s), the Customer will be liable for the 30% of the invoice value less any Booking Fee already paid. If the Customer cancels their Order more than 8-weeks prior to MBP supplying the product(s) or service(s), they shall forfeit the Booking Fee

Wedding Cancellation
In the event of a cancellation within 3 months of your wedding date 50% of the outstanding agreed balance will be required. Cancellations of two months or less 60% of the outstanding balance will be required minus the booking fee.

Liability

MBP accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of MBP being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer. MBP will not be held accountable for any production problems that occur beyond our control, eg. Bad weather, accidents, poor lighting/acoustics, interference from guests or equipment failure.

Also please note. As the official wedding or event filmmaker, please ensure MBP has priority when filming as guests making personal recordings may cause distraction and obscure key shots. In these instances MBP cannot be responsible for coverage lost due to non-professionals causing obstructions thereby affecting filming.

Copyright

Unless otherwise stated in the Order, MBP retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to MBP to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations including Churches*. MBP retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify MBP in the event of any breach of copyright claims being brought against MBP in respect of material supplied by the Customer. All master tapes will be archived and available for five years by MBP and remain the property of MBP. But we will not be accountable or liable for any damage to said master copies.

Likewise all copies of MBP films must be purchased from us. And no MBP film may be broadcast on television or in a public place without our or all other relevant permissions being sought and paid for. MBP reserves the right to bear no responsibility regarding this should this occur.

*Consent must be obtained from any church or venue officials permitting filming to take place and it is the responsibility of the client to ensure that this has been granted. MBP will not be responsible for coverage lost due to access restrictions.

Data Protection

The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of MBP supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.

Complaints Procedure

In the unlikely event of a dispute over the supply of product(s) or service(s), the Customer and MBP agree to accept the findings of the Institute of Videography’s Arbitration Office. Any disputes must be notified within 28-days of the Customer receiving the product(s) or service(s).

Care and Damage to client property

Whilst every care is taken in the handling of the Customer’s property, MBP accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of MBP. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.

Right of Assignment

MBP retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.

Confidentiality

Unless otherwise agreed MBP will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by MBP to supply of the product(s) or service(s).

Basis of law

These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.

Call us on 0845 217 0998 or contact us with your ideas!