Terms of Service
TomBurrowsMedia
The Client and Tom Burrows Media agree to the following terms and conditions of commissioning and reproduction of film and photography.
1. OWNERSHIP OF INTELLECTUAL PROPERTY
a) All intellectual property and related material (the “Intellectual Property”) that is developed during the process of the Services under this Agreement, will be the property of Tom Burrows Media.
b) All intellectual property and related material that is produced as the finished product under this Agreement, will be the property of the Client. The Client is granted a non-exclusive limitless license of this Intellectual Property.
c) Title, copyright, intellectual property rights and distribution rights of the finished product and Intellectual Property remain exclusively with the Client.
2. USE
a) The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the imagery before payment in full of the relevant invoice(s) without the express permission of Tom Burrows Media. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image or video submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
c)Tom Burrows Media reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
d) Permission to use the images or video outside the terms of the License will be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
e) Unless otherwise agreed in writing, all further Licenses in respect of the images or video will be subject to these Terms of Service.
3. CURRENCY
a) Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
4. PAYMENT
a) Payment terms are strictly 30 days from the date of invoice by automated credit transfer (BACS). BACS details will be supplied with our invoice. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to the agreed credit terms.
b) If payment is not made in accordance with (a) above then Tom Burrows Media may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts Act 1998.
c) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Tom Burrows Media may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
d) A fee of £15.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuant of a debt. This fee is non-refundable, and represents the additional time spent pursing overdue invoices.
e) In the event of partial performance following early termination, Tom Burrows Media will be entitled to pro rata Payment from the date of commencement up to and including the date of termination.
5. EXPENSES
a) Tom Burrows Media will be reimbursed for reasonable and necessary expenses accumulated during the period of the Term in connection to the provision of the Services. These expenses include, but are not limited to:
i. Mileage costs for travel to and from the place of employment, incurred at £0.55 per mile.
ii. Subsistence at £5 per day, up to 10 hours. Then £10 if over 10 hours. Then £25 if over 15 hours, in line with HMRC benchmarks.
iii. Parking costs.
iv. Rail and air travel.
b) Where extra expenses or time are incurred by Tom Burrows Media as a result of alterations or additions to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such expenses or fees at Tom Burrows Media’s normal rate in addition to the expenses shown on the Quote form as having been agreed or estimated.
6. REJECTION
a) Unless a rejection fee has been agreed in advance there is no right to reject payment of invoice(s) on the basis of style, composition or editing.
7. CANCELLATION & POSTPONEMENT
a) Once the Client has made a booking for a specific time and date, Tom Burrows Media will not accept any other work from other clients for those times and dates.
b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the Client according to the following timeline. If the Client cancels a booking within four weeks of any confirmed date, a fee of 50% of the booked time will be charged. If the Client cancels a booking within one week of a confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the Client will be charged for any expenses already incurred by Tom Burrows Media.
8. STORAGE
a) Every effort will be made to archive content indefinitely by Tom Burrows Media. However, Tom Burrows Media makes no warranty of storage past the date of delivery of final material. Clients should treat the delivered files carefully, and we recommend that you keep a safe copy.
9. DATA HANDLING
a) Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered private proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
b) Tom Burrows Media agrees that they will not discuss, divulge, reveal, report or use, for any purpose, any Confidential Information which Tom Burrows Media has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply for the duration of service and will survive for one year from the date of the delivery of final materials.
c) All written and oral information and material disclosed or provided by the Client to Tom Burrows Media under the Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to Tom Burrows Media.
10. EQUIPMENT
a) Tom Burrows Media will provide, at their own expense, all basic equipment pertaining to the completion of the Services.
b) Any specialist equipment reasonably deemed inaccessible to Tom Burrows Media, on a short-term or permanent, basis will be hired by Tom Burrows Media at the Client’s own expense with due consideration with the Contractor.
11. EXCLUSIVITY/NON-EXCLUSIVITY
a) The Parties acknowledge that Tom Burrows Media is free to engage or contact third parties for the provision of services similar to, or to assist in completing, the Services.
12. APPLICABLE LAW
a) This Agreement shall be governed by the laws of England & Wales.
13. VARIATION
a) Any variation to these Terms of Service shall not be varied except by agreement in writing.