It is agreed that the terms set out in our QUOTATION, INVOICES AND CONTRACTS is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Morchangstudios shall be granted complete artistic judgement including in relation to the footage taken and the locations used. Morchangstudios judgement regarding the locations/poses and extent of footage shot shall be final. Due to the vagueries of the weather and the willingness of subjects it may not be possible to capture all the shots requested.
a. Payment is due 14 days after the invoice date. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. Any fees incurred by us in recovering payment will be chargeable.
b. Immediate payment invoices are due on the invoice date. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. Any fees incurred by us in recovering payment will be chargeable.
c. Payment to be made in Pounds Sterling.
d. If payment is overdue you are in breach of your obligations set out in this agreement.
e. If you are in breach we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lieu or right of retention on materials supplied by you to us until payment has been made.
f. Payment is to be made in full without any discount deduction, set off or abatement.
g. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
h. If you are in breach we reserve the right to cancel any agreed discounts and a new invoice will be issued for the full amount.
All rights in material, digital files, footage, film and sound recording or copies stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such footage, remain and are the copyright of Morchangstudios and protected by the Copyright Designs and Patents Act 1988. It is strictly forbidden under the Act to copy or allow to be copied electronically or by any other means any DVD/electronic file created under this agreement without the express written permission of Morchangstudios. All rights are expressly reserved.
The client may cancel this contract at any time by giving written notice via email.. Should cancellation be received less than 48 hours prior to the start date of the job, the client shall pay a sum equal to 100% of the contract value. The said sum shall be payable as compensation as an estimate of the loss suffered . In addition to this cancellation fee, the client will be charged for any expenses already incurred, and any other third parties who have been booked.
The client will, however, be charged for any expenses already incurred (such as travel costs) and any other fees due to third parties who have been booked.
Loss of data/image files
We cannot be held responsible for the loss of data or image files due to circumstances beyond our control.
Limitation of Liability
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.