Terms

Terms   Terms & Conditions for Iain Maciver Video

1) Introduction – A contract is formed between a customer (referred to as the ‘Customer’) and Iain Maciver Video (also referred to as the ‘Company’) 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 the Company to the Customer. These conditions do not affect your statutory rights.

2) Supply – The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Invoice and according to these terms and conditions. Where a non-paying service is being supplied, these terms shall apply insofar as they may be relevant.

3) Rights Reserved – Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Invoice, the Customer accepts these terms and conditions.

4) Restrictions, Environment and Filming – Iain Maciver Video cannot guarantee video quality in adverse lighting or in rooms generating a strong colour tinge to the light which may not be satisfactorily correctable during editing. It should be noted that filming in low-light situations (e.g. small rooms, candlelight, in the evening and at night) may impact the quality of the image captured by the camera. The client should acknowledge that recording videos requires reasonable lighting and that production may be compromised due to low or poor light levels.

4a) Audio  All audio in a room may be recorded. Iain Maciver Video will take great care that audio is recorded as professionally as possible but is not responsible for extraneous sounds such as, but not limited to, air conditioning units, the ringing of phones, passing emergency vehicles, crying children, coughing, etc.

Fees

5) Payment – The Company 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. The deposit and balance, as outlined on the invoice, must be paid two days before the recording, or as soon as possible beforehand. If the balance is not paid, Iain Maciver Video reserve the right to withhold its services.

6) Booking Fee / Cancellation – Monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. A Booking Fee of £100 is payable upon booking. The Booking Fee is non-refundable unless the Company is unable to fulfil the booking.

7) Actual date booked / Cancellation of the product(s) or services(s) – If the Customer cancels the order less than two days prior to the Company supplying the product(s) or service(s), the deposit or Booking Fee will be withheld by the Company.

8) Completion – The completed video(s) will require to be edited. It will normally be produced 4 days from the date of recording. These time frames, however, can be extended due to other ongoing work commitments such as filming or editing and or illness or other incapacity, etc.

9) Receipt of the Video(s) – Any technical errors must be reported to Iain Maciver Video within 7 days of the video being received. No amendments can be made after this time. Technical errors will be corrected free of charge.

10) Music Choice – Iain Maciver Video can supply licenced music for the video. There may be an additional charge.

11) Filming, equipment and content – Every effort will be made to ensure your ordered video event is recorded in full on the day. Multiple cameras (where possible) are used to minimise problems caused by equipment failure and these are also used to film certain parts of the event from a different angle.

No liability is accepted for failure of performance due to any circumstances beyond our control whether due to failure of hardware. software, internet, health reasons or any other cause. An alternative date will be offered, if appropriate. If the company is unable to complete the engagement for any reason whatsoever, we will do our best to find another reputable company to complete the recording through our business contacts.

11a) Refunds – If no such replacement can be found then our total liability is limited to making a refund of all money paid under the agreement. While we will do our best to record all the significant parts or agreed sections, the contents of the recording shall be at our discretion and subject to conditions on the day.

11b)  Guests’ equipment – Good video and audio is ultimately down to the quality of the guests’ gear. The Company cannot be held responsible for poor picture and audio quality when the distant user does not have equipment of suitable quality.

12) Health & Safety – The Company and the Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).

Legal

13) Abuse / Aggression / Unacceptable Behaviour / Libel / Defamation – Iain Maciver Video will not tolerate any form of abuse, aggression, unacceptable behaviour, liability and or defamation both online or via email, telephone, letter, review platforms, or social media, aimed at any member of its staff or the company. If this should occur, then Iain Maciver Video reserves the right to withdraw its service forthwith. Similarly, Iain Maciver Video reserves the right to take any legal action deemed necessary against any offending parties.

14) Creative Brief – Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).

15) Liability – The Company 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 the Company 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.

16) Copyright – Iain Maciver Video reserves the right to use any videography, audio or images for future marketing purposes. If the Customer wishes to restrict that, it may ask for an amendment to these terms.

17) 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 the Company supplying the product(s) or service(s) – and that such recording complies with data protection.

18) Care and Damage to client property – While every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, however caused, or any other loss by unforeseen circumstances while property is in the custody of the Company.

19) Right of Assignment – The Company 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.

20) Basis of Law – These Terms and Conditions are governed by the laws of Scotland.

21) Public liability – Iain Maciver Video is covered in respect of Public Liability with a limit of indemnity of £1,000,000.00.

22) Confidentiality – Iain Maciver Video may be asked to sign a Non-Disclosure Agreement in certain cases. We are usually pleased to do so although we must be allowed to understand the reasons why that is required.

23) Accreditations – The operator and owner of Iain Maciver Video is known as a broadcaster and journalist since the mid-1990s. He is also a Full Member of a legal services organisation which regularly checks his status. It requires him to disclose his current police record, his creditworthiness and his public liability cover. Paying customers may also ask for such evidence of accreditation if they intend to divulge confidential matters to him.

 

Last amendments: 1 December 2023