These conditions shall apply to all contracts for services between CineMedia Limited and CineCopters hereinafter referred to as the Contractor and you hereinafter referred to as the Client.
A binding contract will only come into existence on receipt of the Client’s written acceptance of the proposal. This can be in the form of dates being given to the contractor and being agreed by both parties. The lack of a purchase order number being recieved from the client does not constitute a lack of contract.
Fees applicable are those as detailed in the proposal and represent time spent by the Contractor in undertaking the project, including travelling time, whether at the client’s premises or elsewhere.
Project costs and expenses, where applicable, will be paid by the Client.
A percentage of the total cost of the project which will be agreed (including VAT) will be due at the commencement of work on the project, or in cases where the project spans more than 2 months, additional payments may be staged and invoices for a further percentage (to be agreed) of the total invoice will be sent at the end of each calendar month. All Invoices are due for payment within 30 days from receipt.
All expenses directly related to the Project are charged at cost, with the exception of mileage which is charged at a rate per mile as defined in the proposal unless this is agreed as inclusive of expenses.
The Project may be terminated by either party giving to the other four weeks’ notice, in writing or unless agreed otherwise.
The Contractor will, upon termination of the Project, invoice the Client for all work done and all expenses incurred up to the end of the notice period. The hire of equipment and personnel may be cancelled at no charge if done so in writing within four weeks of the project start date, a 50% charge will apply if cancelled within two weeks and 100% will be payable if the project is cancelled within one week of the proposed start date. CineMedia will treat postponements on a case by case basis and in good faith.
The time taken to complete the work and the measure of its success depends, in part, upon factors outside the control of the Contractor. Any changes to the elapsed timescales proposed for this project will be advised to the Client at the earliest possible time.
Any forecast or estimates made by the Contractor for the Project and the results attainable are given in good faith, having regard to the information made available by the Client and represents the Contractor’s interpretation of the Client’s instructions. Any such estimates and any confirmation or variance from them in subsequent reports and correspondence shall not be taken in any respect as an undertaking, warranty or contractual condition.
Any additional work carried out by the Contractor, not being part of the Proposal, is not part of the Contract and will be subject to separate negotiation.
Whilst the Intellectual Property Rights of any commissioned work belongs to the commissioner, the physical Intellectual Property Rights remain with CineMedia and CineCopters Limited.
We know this is all a bit much, we don’t fall out with customers.
CineCopters & CineMedia Limited