Terms & Conditions
The customer’s attention is drawn in particular to the provisions of clause 8.
1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Agreement: your order for the Goods and Services that we supply. Event: the day on which the Services are carried out. Force Majeure Event: shall have the meaning given in clause 11. Goods: the products that we are selling to you as set out in the Agreement which depending on your choice of options may include video and/or still photography. Services: the services that we are providing to you as set out in the Agreement. Terms: the terms and conditions set out in this document. writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 We consider that these Terms, the Agreement and our price list set out the whole agreement between you and us for the sale of the Goods and supply of Services. Please check that the details in the Terms or in the Agreement are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the purchase of the Goods or Services or other variation to the Terms or Agreement that you agree with our authorised employees and agents will only be binding if recorded in writing and we will charge separate fees as agreed. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you sign the Agreement, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2 Any samples, drawings, imagery, videos, descriptions, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods and Services they describe.
2.3 If any of these Terms are inconsistent with any term of the Agreement, the Agreement shall prevail
2.4 The Agreement is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when we acknowledge receipt of the Agreement signed by you.
2.6 Any quotation for the supply of Goods and Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5.
2.7 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order Goods and Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Agreements you have previously placed that we have not yet fulfilled).
3. THE GOODS AND SERVICES
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Goods and Services which:
(a) conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements, website or any other documents;
(b) be of satisfactory quality;
(c) are carried out with reasonable care and skill;
(d) are fit for any purpose we say the Goods and Services are fit for or for any reasonable purpose for which the Goods and Services are used;
(e) are free from material defects in design, material and workmanship; and
(f) comply with all applicable statutory and regulatory requirements for selling the Goods and Services in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty and Services which and are not carried out with reasonable skill and care including Services that otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
3.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
3.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Agreement by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work and any film editing that is required.
3.6 These Terms apply to any repaired or replacement Goods, specifically DVD’s and Blu-ray discs, we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
3.7 We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.
4. PROVISION OF GOODS AND SERVICES
4.1 We will make every effort to supply you with the Edited Videos and/or Edited Photos of your event and any other Goods within 48 weeks from the date that we receive all necessary information from you, including but not limited to music track titles, that will allow us to begin editing the recorded material.
4.2 The Goods and Services that we provide are available in different packages and at different prices. By choosing video option, the “Basic Package & Classic Package” you accept that the creative content is limited since this option includes only one camera operator. You acknowledge that the creative content will be greater with a greater investment to support us as a company.
4.3 Where you also choose an option for Goods which includes still photography, the number of photographs that we supply to you may vary.
5. TITLE AND RISK
5.1 The Goods will be your responsibility from the time of delivery.
5.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You may use all the Goods, materials, documents, raw images and film footage or other items detailed in this Agreement for any purpose you so wish and we will not use the exerts and or reproductions of such material for display and advertising purposes.
6.2 We will not publish publicly any of yours and your friends & family’s footages and photos unless ordered by you.
6.2 Any material, raw images or film footage is retained by us for no longer than 4 weeks from the delivery of your goods by mail.
7. PRICE AND PAYMENT
7.1 The price of the Goods and Services will be as set out in our price list in force at the time we confirm the Agreement. Prices are liable to change at any time, but price changes will not affect any Agreement which has been previously agreed and signed.
7.2 These prices include VAT. If, however, the rate of VAT changes between the date of the Agreement and the date of delivery, we will adjust the VAT that you pay, unless you have already paid for the Goods and Services in full before the change in the rate of VAT takes effect.
7.3 A non refundable payment by bank transfer of 10% of all monies owed for the Goods and Services as stated on the Agreement must be made in advance in order to secure the Agreement. The remaining balance will become due 7 (seven) days before or after the date of your Event.
7.4 Our account details are as follows:
Account Name: DMD Studios Ltd.
Account Number: 49055932
Sort Code: 09-01-28
Branch Address: Santander, Chichester Branch, 15 North Street, West Sussex, PO19 1LB
7.5 Any agreed Goods will not be supplied until all payments due have been fully paid and if you do not make any payment due to us by the due date for payment (as set out in clause 9.4 we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with the overdue amount.
7.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or supply of the Goods or any other outstanding order or Agreement until you have paid the outstanding amounts.
7.7 The Basic and Classic Packages are non-refundable budget packages. We recommend filming weddings with 2 or more camera operators (as an experienced and professional video production company) as this is safer and gives us more than just one angle to film from. This also gives an opportunity to use a cut in editing if a camera needs to move in the live event, as a wedding is. Filming a wedding on 1 camera does not sometimes give us the opportunity to produce a slick production, as a wedding is a live event. Also, by booking 2 cameramen/women, if something goes wrong, you have a 2nd camera operator as a back up. We therefore always advise, as a professional video production company, if you have high expectations for your wedding video to ALWAYS use 2 or more cameras to film. We always do our best for customers on the Basic and Classic Packages but please be aware the more you invest into your wedding video/film, the more we can do to produce an outstanding wedding video/film production for you.
7.8 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 10.3 and clause 10.2, if we fail to comply with these Terms, our liability shall be limited to the amount of monies paid by you.
8.2 Subject to clause 8.3, we shall not be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings;
(e) loss of data; or
(f) any waste of time.
8.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following on the day of the Event:
(a) adverse weather;
(b) poor acoustics;
(c) poor lighting;
(d) technical equipment failure (not arising from our actions);
(e) interference from third parties;
(f) coverage issues due to access restrictions; and at any other time:
(g) strikes, lock-outs or other industrial action;
(h) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(i) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(j) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(k) impossibility of the use of public or private telecommunications networks; or
(l) pandemic or epidemic.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform where possible these obligations for the duration of that period. We will where appropriate take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10. TERMINATION
10.1 We reserve the right to terminate the Agreement between the parties by providing prior written notice where appropriate at any time and for any reasonable cause.
10.2 Termination will result in any monies paid by you being refunded in their entirety.
11. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
12. NOTICES
12.1 All notices sent by you to us must be sent to DMD Studios Ltd at 48 Tivoli Road, Hounslow, TW4 6AA. We may give notice to you at either the e-mail or postal address you provide to us on the Agreement. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12.2 You can contact us by e-mail at info@diamond-studios.net.
12.3 We do not accept service or notice of legal documents by e-mail.
13. DATA PROTECTION
13.1 We will only use the personal information that you provide to us to provide the Goods and Services, or to inform you about similar services which we provide, unless you tell us you do not want to receive this information.
14. GENERAL
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.4 These Terms shall be governed by the laws of England and Wales and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK