TERMS OF BUSINESS
Terms & Conditions
Corkadian Media Standard Terms of Business.
A booking is bound by the following Terms and Conditions and forms a contract between you the ‘Client’ and us ‘Corkadian Media’. This agreement shall be governed by the laws of Scotland.
1.1 Payments should be made to ‘Craig Heaslip, c/o Corkadian Media’, bank/PayPal details will be provided on request.
1.2 A non refundable Booking Fee of £250 is required for each booking and will be deducted from the package total.
1.3 In the case of Weddings, the remaining balance is due no later than 4 weeks before the event day.
1.4 In the case of commercial filming/photography, invoices will be issued immediately after the footage/pictures are delivered and are to be paid within 21 days of invoice.
All payments are to be made using bank transfer.
A late payment fee of 5% per week applies to all transactions unless by prior agreement.
If the conclusion of a job runs over schedule for reasons in the client’s control, the total outstanding balance must be paid within 42 days after filming.
1.5 An additional travel fee may be required depending upon the location of the event. This will be discussed and agreed with the Client before payment of any deposit.
We are always more than happy to provide a full no obligation estimate.
By payment of deposit or accepting our terms in our ‘new client form’ you are agreeing to the terms stated here.
2.1 Written notification is required for any cancellation or amendment.
2.2 In the event of the Client making a cancellation the Client will be liable for the following charges calculated as a percentage of the package total, plus any costs incurred in relation to your event, less your deposit: 30 days before event day = 90%, 31-60 days before event day = 70%, 61-90 days before event day = 50% and 91 or more days before event day = 30%
2.3 An amendment is a change to your details that were originally submitted at the time of booking and may be subject to an administrative charge.
2.4 We advise clients to check with their insurance policy as under this eventuality such charges may be covered by your policy.
2.5 In the unlikely event that we cancel your booking, we will refund any monies paid.
STANDARD OF WORK
3.1 We make every effort to provide a high quality product and level of service. Please note that our schedule provides several opportunities for the Client to take part in the creation of their film with the Consultation, of which should help prevent any potential disputes.
3.2 All of our equipment is checked and cleaned before filming. In the event of a mechanical or human error we will only be liable for a reduction in cost or in the case of a more serious error a complete refund of all monies.
3.3 Please note that the Client will have 7 days after delivery of the Download/USB to make us aware of any errors.
3.4 If the Client wishes to make changes after the final edit, that is of course ok, we will need to have an email detailing any changes and any changes other than errors on our part is the responsibility of the Client to pay for the additional work. Please ask the per hour rate at the time of requesting changes before any work is carried out. If the Client has left asking for changes over a week after receiving the film it may not be possible to make any further changes. If a USB we send out arrives faulty we will ask you to send it back. We will analyse the issue and send out another one, once you have received your finished film we ask you to check before showing anyone to make sure you are happy.
COPYRIGHT & OWNERSHIP
4.1 It is the responsibility of the Client to acquire any permits or consent required by any venues in order for us to record the event day.
4.2 We reserve all rights to the work produced with the exception of dubbed music which is licensed under the MCPS Limited Manufacture license and PPL license included in every package.
4.3 Unless contractually agreed prior to the commencement of image capture (still or moving), Corkadian Media will retain copyright of all our image content. The client will get complete use of all content we obtain for their specified projects but the client will not be able to re-sell our content or allow 3rd party companies to use the content without prior agreement. We also reserve the right to prevent any output of our content until full payment has been received. If this is not possible due to time restraints, Corkadian Media will need a specified date of payment in writing and until this is received, no content shall be distributed.
5.1 For wedding clients, due to the potential length of our day we would appreciate it if you could make arrangements with the venue to provide a hot meal and liquid refreshments for the photographer/videographer(s) attending the event.
5.2 We reserve the right to use any material for promotional purposes. However if you would prefer not to then please notify us in writing at the earliest opportunity.
5.3 We will make every effort to complete your Pictures/Films as soon as possible following your event day. Unless expressly agreed in writing before payment of deposits for a shorter lead time, we estimate a period of 2-4 weeks to complete finished pictures and 4-8 weeks to complete finished films. However due to busy periods and the length of time we commit to every client, it may take longer this.
5.4 We archive all our Pictures/Films for at least 1 year and gladly offer a redistribution service. Please enquire for costs.
5.5 On occasions and without notice it may be necessary for the photographer/videographer originally specified to be substituted by another photographer/videographer, you will be notified of this. (e.g. due to ill health).
5.6 For weddings, where a package states coverage of the ‘speeches’, it is agreed and understood that this includes coverage up to no later than 7pm. Any coverage past this time will be chargeable at our current hourly rate. If your timings fall outside of this then you must make us aware and a prior agreement be made no later than two weeks before the wedding day.
We assume at each wedding there will be three speakers at the wedding breakfast, anymore than this we will need to be notified in advance, additional fees may apply.
5.7 For weddings, where a package states coverage of the ‘first dance’, it is agreed and understood that this includes coverage up to no later than 9pm. Any coverage past this time will be chargeable at our current hourly rate. If your timings fall outside of this then you must make us aware and a prior agreement be made no later than two weeks before the wedding day.
5.8 Once the pictures/film are complete you are contacted and download can be completed. If you would prefer your content on a USB, we can post this to you at the current rate, which is charged to you before posting.
5.9 The Photographer/Videographer will be granted artistic license in relation to the poses captured and the locations used. The Photographer/Videographer’s judgement regarding the location/poses, amount of footage and/or number of images shall be deemed correct. Due to the unpredictability of the weather and the willingness of subjects it may be impossible to capture all of the images/locations requested.
5.10 It will be assumed that you will have seen some of our work before. Therefore, full artistic licence is granted to Corkadian Media to create your film in our style. Any requests to make changes to the overall style of the film may incur further charges.
5.11 It shall be assumed that any venues used as part of the event have given full permission for the event to be filmed. It is the clients responsibility to ensure this is confirmed in advance with the venue(s). Any areas/venues that are not allowed to be filmed (in) must be highlighted in advance. Corkadian Media will not be held liable for filming or taking photographs in locations where these activities are not permitted, where Corkadian Media has not been informed of this prior to the event day.
FORCE MAJEURE OR ‘ACT OF GOD’
6.1 The due performance of this contract is subject to alteration or cancellation by either party to any cause beyond their control.
LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude Corkadian Media's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause the above:
(a) Corkadian Media shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Corkadian Media's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Charges for the relevant Order, with regard to which the Customer is claiming loss.
7.2 In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Corkadian Media – COPYRIGHT NOTICE
This website and its content is copyright of Corkadian Media. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only.
you may copy the content to individual third parties for their personal use, but only if you acknowledge the Corkadian Media as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Corkadian Media – WEBSITE DISCLAIMER
The information contained in this website is for general information purposes only. The information is provided by Corkadian Media and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, Corkadian Media takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Craig Heaslip (T/A Corkadian Media) is a Sole Trading Business. No VAT applies to our prices.
These terms are subject to change at any time without prior notification.
These Terms and Conditions shall not be varied except by agreement in writing.