Terms of Business
In Situ Productions Limited (Insitu) trading as ‘Insitu Digital’ and ‘Insitu Video’ is Registered in England and Wales, Company No. 05721821. The company’s registered office address is at 8-10 High Street, Heanor, Derbyshire, DE75 7EX with VAT No. 881 901 314.
The acceptance of a commission shall be deemed as a contractual agreement between the client and Insitu. By ordering services from Insitu you are agreeing to the following terms and conditions as detailed below;
All development costs are based on an 8 hour day and charged at an hourly rate. All video production crew costs are based on a 10 hour day, unless otherwise stated, should you require us to work beyond these times additional crew costs may be incurred. Costs quoted are exclusive of travel and subsistence unless otherwise stated. Insitu will always endeavour to avoid unnecessary client expenses, however on occasion additional charges may be unavoidable, please be advised that we reserve the right to pass these charges directly on.
All equipment and crew quoted remain subject to availability and our standard terms and conditions apply. Please note, on occasion we may need to substitute equipment for comparable alternatives due to our stock levels varying between time of quoting and confirmation being received.
The costs outlined in any proposal are valid for 60 days from the date of creation.
Any payment returned will incur a £250 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
Insitu reserves the right to exercise its statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998. In this respect, interest at the rate of 3% above the Bank Of England base rate per 14 day period will be added, compounded in each 14 day period on any balance outstanding.
Insitu cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
All material, both text and images supplied by the client and used in the construction of the client’s commission, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws and the client indemnifies Insitu against any claims made against Insitu in the use of this material. Materials purchased from stock libraries on behalf of the client may only be used and copied for a specific piece of work. The client may not subsequently use an image, at a later date for a purpose for which the material is NOT licensed.
If the client is providing all or any part of the creative, content must be received at least 5 business days (for rich media content) or 3 business days for all other creative prior to the project start date. For avoidance of doubt, ‘Milestones’ will be agreed in our project collaboration tool and a gantt chart provided.
The copyright for all material provided by Insitu, such as video, software code, graphics, photographs and text, will remain the property of the company until such time as payment has been made in full whereupon they will become the property of the client.
The research, ideas and proposals developed by Insitu remain the copyright of Insitu. On receipt of any development work the client accepts that if any ideas and proposals contained within it (excluding a supplied script) are produced by another agency or production company, then Insitu reserves the right to make a charge of £1,500/day for the time spent on the initial briefing and the preparation of the document. Once produced, all master materials remain the property of the client (subject to receipt of full payment of invoice). Similarly all origination materials remain the property of Insitu.
When both Insitu and the client agree that the commission meets the criteria agreed during the commissioning process, the company will invoice the client for the full amount due for the commission. Upon receipt of payment, Insitu will deliver the commission to the client in a manner to be agreed with the client. If, during the commission development cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Insitu will consider that the client wishes to cancel the commission. If at any point during the commission development cycle a client wishes to cancel, they may do so by giving notice in writing, but will be invoiced an amount that Insitu judges to be proportional to the amount of work completed on the commission.
For the case where a commission is to be used in a browser and or a video player, Insitu makes every effort to design commissions to display acceptably in the most popular current versions, but cannot accept responsibility if the commission does not display acceptably in new versions released after a commission has been completed.
Insitu warrants to you that any multimedia software will perform substantially in accordance with the product presentations.
Insitu and its suppliers make no warranties, express or implied as to the non-infringement of third party rights, merchantability, or fitness for any particular purpose.
Insitu does not undertake to provide maintenance or updates as part of the design commission once the design is accepted. If a client wishes Insitu to maintain or update a commission, Insitu will negotiate with the client a maintenance contract appropriate to the amount of work required.
Insitu reserves the right to alter prices at any time without notice. If a client has commissioned any services from Insitu prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be.
Every product or service will be thoroughly tested before release. Once each component has been signed off by the client in no event will Insitu or its suppliers be liable for any consequential losses, incidental or special damages arising from the impact of any virus, including any lost profits or lost savings, even if an Insitu representative has been advised of the possibility of such damages, or for any claim by a third party.
Neither Insitu nor anyone else who has been involved in the creation, production, or delivery of the commission shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use a commission, even if Insitu has been advised of the possibility of such damages or claim. In any case, Insitu’s entire liability under any provision of this agreement is limited to the prorated amount actually paid by client for the commission.
The costs outlined in any proposal are valid for 3 months from the date of creation. By agreeing to these terms and conditions your statutory rights are not affected.
Insitu reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions of Business.
By acknowledging an Insitu quotation by email or any other correspondence you agree to be bound by the terms and conditions therein.