Terms & Conditions
AVP.Camera (All Video Productions Ltd.), also known as the ‘Service Provider’ is a site operated by Brett Turner.
The website is owned by Brett Turner of All Video Productions Ltd, Unit 6, Heritage Business Centre, Derby Road, Belper, Derbyshire, DE56 1SW.
Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
- All Video Productions Ltd does not partake in email marketing, newsletters or spam. Other than that, you will only hear from us if we are working with you on a project engaged by you.
Cookies & Monitoring
Monitoring is important for your consumers to understand what information you are collecting from visits. It is important that you stress the reasons why you are monitoring this traffic. Remember to mention any 3rd party services you are using that may collect cookies also, such as Google Analytics.
- Strictly necessary cookies – These are cookies that are essential to the operation of our website.
- Analytical/performance cookie – These cookies allow us to recognise and count the number of visitors to our website.
- Functionality cookies – These cookies are used to recognise you when you return to our website.
- Targeting Cookies – These cookies record your visit to our website, the pages you have visited and the links you have followed.
- We may monitor traffic to our site and collect the following information: The IP address of your computer. The referring website from which you have got to our website from.
- The reasons for this are: To make ongoing improvements to our website based on this data. To see our most popular sources of business.
Disclosure of personal data
We may disclose your personal data:
- If we sell our business.
- To agents and service providers.
- In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cybercrime or to protect the website, rights, personal safety of person/s.
We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
If you are concerned about your data, you have the right, subject to the payment of a small fee to request access to personal data which may hold or process about you.
GDPR and Data Protection
All Video Productions Ltd (AVP) will be what is known as the ‘Service Provider’ of the personal data you provide to us. Unless otherwise agreed with you, we will only collect basic personal data about you and your business.
All data collected by the Service Provider from the Client, including business names, addresses, position, invoice banking details and employer names for filming purposes, is stored on our Google Drive system. Where invoicing is concerned, your bank account number and sort code will be required in order to make payments.
We need to know basic personal data in order to provide you with the services you have engaged us to provide, and to assert our right to be recompensed in return for these services as per the agreement we have with you. We will not collect any personal data from you that we do not need in order to provide and oversee the services we have agreed to provide you with.
All the personal data we hold about you will be processed solely by the All Video Productions Ltd team in the UK.
No third parties will have access to your personal data unless there is a legal obligation for us to provide it. If a third party is contracted or sub-contracted by the Service Provider, then such information that doesn’t breach any legal obligation appointed under the GDPR regulations, will be accessed to the third party in order to provide and oversee the services we have agreed to provide you with. We will take all reasonable steps to ensure that your personal data is kept and processed securely.
This is the Service Providers main premise of security, dedicated by Google. As a Service Provider of Google, all security is provided for Google Drive/Cloud based systems; “Security features are built into all of our products, services, and infrastructure to keep data protected at every layer” – Google.
We will generally keep your personal data for a minimum of 6 years, after which time it will be destroyed if it is no longer required for the lawful purpose(s) for which it was obtained.
Password protection and encryption is applied to all Service Provider computers and hand held mobile devices. Locations of computers are monitored by alarms and under surveillance; any mobile devices lost, stolen or misplaced will be reported to the management team for permanent blocking of any dissemination of public information. Only approved, checked and trusted All Video Productions Ltd staff, contractors and freelancers will be allowed access to this information.
Our accountancy firm Easy Accounts (Unit 6, Heritage Business Centre, Derby Road, Belper, Derbyshire, DE56 1SW. Registered Number : 5616423) has access to and processes all our sales and expenditure information solely for the purposes of completing our accounting needs.
If you require more information on the Data Protection and GDPR by Google, please visit the links below.
TERMS OF SERVICES & PRODUCTS
Before work is undertaken, the Service Provider will secure a written Project Proposal with the Client. In this Project Proposal the Service Provider will outline what is required and provide key information to the Client to ensure the product is completed correctly. Once a Project Proposal is submitted and agreed upon by both parties, it constitutes the terms by which the Service Provider will work
QUOTATIONS AND INVOICING
Before work is undertaken, the Service Provider will provide the Client with a price quotation, including projected expenditures. The Service Provider will base the quotation on the terms described in the Project Proposal or in some cases, work towards the budget by the Client. Any additional work will be invoiced separately after the original project has been closed.
The quotation will include notification of what percentage of the total cost will be considered as deposit. On completion of work the Service Provider will submit a final invoice to the Client, including expenditures and any receipts no more than five (5) days after completing work.
DEPOSIT AND PAYMENT
A deposit (that is none refundable), as outlined in the Project Proposal, is due upon the signing of this agreement. By signing, the Client agrees to pay the Service Provider this amount before the first day of production. The remaining costs can be either: split over the duration of the projects life span, 50% of final payment after initial filming is complete and the remaining final 50%, plus any expenditure signed off by the Client, on completion of all work. Or the final payment to be made once all work by the Service Provider is completed and signed off as “completed” by the Client.
FILMING AND EDITING
Filming and editing details are outlined in the Project Proposal before the filming begins. This will be signed off by the Client to acknowledge that the Service Provider will follow to fulfil the filming criteria. While on site for filming, the Service Provider will follow the agreed plan, set in the Project Proposal. During the filming process, the Service Provider’s style and professional experience will allow them to complete the Project Proposal brief in order to execute the terms of filming, set out by the Client. All filming remains at the Service Providers discretion and final products supplied will include footage as selected by the Service Provider.
Responsibility for the spellings, titling and end credits rest with the Client.
CHANGES IN TERMS OF WORK
If at any time and for any reason the Client substantially changes the terms of work, the original Project Proposal must be closed and a new Project Proposal opened if necessary. This will include settling the original invoice; the Service Provider reserves the right to retain the deposit and, if necessary, secure payment for services rendered and expenditures.
Examples of substantial changes include:
- Premature cancellation/termination of work.
- Other professionals being hired to perform services similar to those performed by the Service Provider.
- Decision not to use the completed product for the original purpose/at all.
The Client has the right to terminate the contract at any time by written notice. When a Client terminates the contract they will remain liable to pay in full for any work previously undertaken and in progress. Any location fees or non refundable expenses incurred will be passed on to the Client if a shoot is cancelled with less than 48 hours notice.
LIMIT OF LIABILITY
If the Service Provider is unable to fulfill the project brief due causes beyond their control after the deposit period, which are either unforeseen or unavoidable they shall refund any payments made apart from the deposit as this is none refundable.
This limitation on liability shall also apply in the event that video recordings are lost through equipment malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the Service Provider.
This does not include circumstances where the service provider attempts to perform a service and any other party fails to attend.
The Client agrees to reimburse the Service Provider for any genuine expenditure made for the purpose of completing the work. This includes travel, materials, accommodation and subsistence.
The Service Provider will endeavor to keep expenditure claims to an acceptable minimum. Due to expenditure claims, the final invoice maybe different to the original quotation the Service Provider will communicate the nature of the changes and valid reasons for them before submitting the final Invoice. If the Service Provider fails to do this within fourteen (14) days of the date on which the expenditure/s were made, then the Client is only liable to pay the amount described in the original quotation. The Service Provider will itemize all expenditure claims on the final invoice and submit either digital copies or photocopies of proof, e.g. till receipts, debit card receipts, tickets etc. The Client is not liable to pay any expenditure claims which do not have supporting proof.
Although the Service Provider will attempt to make all reasonable preparations, they will sometimes be limited by the rules and technical provisions within a venue or location.
For example venue management may ask that certain areas or persons not be filmed. Technical limitations include having to shoot from a specific location (due to arrangements of furniture or location of mains outlets) or poor lighting.
In such circumstances the Client agrees to accept the technical limitations that may be imposed on the equipment used. When appropriate it is advised that the Client provide contact details of the venue to the Service Provider so that they may make necessary arrangements with the on-site Audio/Visual management.
SUITABILITY AND QUALITY
The Service Provider will make every attempt to fulfill all the criteria outlined in the Project Proposal.
This includes ensuring that the product is suitable for purpose and is of the highest appropriate quality for its output format (e.g. digital file for social media uses, downloading, streaming, and broadcasting, and in some limited cases, DVD uses). In the event that the Service Provider can be demonstrated to have not fulfilled the criteria outlined in the Project Proposal, they will be liable to complete further work (see ‘redrafting‘).
The Service Provider reserves the right to negotiate deadlines with the Client if they consider them to be unworkable. When a deadline has been agreed in the project brief, accepting any causes of delay described in ‘Limit of Liability’ and the Service Provide promises to deliver the product by this date and time.
If for any reason deadlines cannot be met by the Service Provider they are obliged to give written confirmation of this, and the reasons for it, to the Client at the earliest possible time.
If, after review of a product, the Client wishes to specify any changes, they will be entitled to two free re-drafts.
In the case of multiple products, they will be entitled to one free redraft of each product. After this any further work on the product/s will incur a charge. This will be outlined in a separate invoice after the final original invoice has been settled.
The Service Provider will deliver any redrafts as quickly as possible, however the Client accepts that technical processes will limit the speed of delivery. If the product is demonstrably unsuitable for purpose as defined by the project brief, then the Service Provider agrees to redraft the product at no additional charge to the Client.
Once the Client is happy with the completed work carried out by Service Provider, an End of Contract Form will be presented to the Client, which they needs to signed. Upon signing the form, the Client acknowledges that all works undertaken are completed to the Project Proposal outline. And they are now subject to any final payments (stated in the Project Proposal), are to be paid within the allotted time on the invoice.
In accordance with English Copyright Law the copyright of any video recordings remains with the Service Provider until the final invoice has been settled. After this point full ownership is transferred to the Client, under the following conditions: If the video recording contains copyrighted material (presentations, research, artwork etc.) this remains the property of the original owner/s, and if necessary must be negotiated by the Client. The Service Provider cannot be held responsible for any breach of copyright that results from following the project brief; this includes the use of any music or images the Client has asked specifically to be included in a product. The Service Provider reserves the right to fair use of video recordings for promotional purposes only. All work produced will still be presented on all of the Service Providers social media websites, that showcase all work produced for their clients, this includes any video work the Service Provider has undertaken for yourself and/or company in this contract.
The Service Provider will create the clients release forms to ensure all person/s being filmed for the client project, including person/s moving image and voice give consent to all rights of using this for unlimited distribution of video/s across the “Service Provider” and client’s social media platforms, websites and social media accounts. Any re-edits (not including those stated in the re-edit section) required due to performers refusing to show their images or use their audio will incur charges.
RIGHT TO REFUSE
The service provider reserves the right to refuse to publish or broadcast any information it considers morally unsuitable or obscene.
All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing 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 email that the email was sent to the specified email address of the addressees.