Terms & Conditions
The "Client" referred to in this document is any individual or business that enters in a contract to pay Brightworks Media for services provided.
Brightworks Media cannot accept responsibility for missed deadlines due to the non acceptance of briefing instructions sent via the post or electronic mail. We will work to ensure that you make a follow-up call to ensure that we are in receipt of the project and discuss the feasibility of your requirements and time scales indicated.
2. FEES AND COSTS
The scope of a project is evaluated via calculating “charging out” resources on a time/cost basis. The scale of these hourly fees varies according to the type of work, or the experience and expertise that a project may demand. It is normal working practice to provide a detailed production estimate or quote for the approval of the Client before any work commences.
All such estimates or quotes given by Brightworks Media shall be based on the Client's instructions specifying the work required.
Estimates are based on what we consider to be a reasonable time schedule for a project's completion during office hours, including the cost of time by us, equipment hire, and the cost of services anticipated to be provided by outside sources.
Any estimate provided by Brightworks Media is valid for 30 days from the date of its issue and is based upon the Client's instruction, brief and description of the work and services to be completed.
All additional work or amendments requested by the Client following commencement of this commissioned work (including any outside services necessarily procured in order to carry out this work) which, is / are not specifically referred to in the original estimate, shall be regarded as additional to the cost given in the estimate & will be agreed with the client and invoiced separately as "additional costs".
It is normal for Brightworks Media to request a 20% deposit before production commences.
Once the estimate has been confirmed either verbally or in writing, the Client may still cancel their instruction on the express condition that we shall be indemnified against all costs or fees incurred.
5. INVOICING AND PAYMENT
Brightworks Media shall be entitled to retain material produced by - or on behalf of- Brightworks Media until payment(s) been made in full of any outstanding invoice. Upon receipt of full payment, Brightworks Media will transfer all material to the Client.
Should the Client fail to pay any outstanding invoice in due time, Brightworks Media shall be entitled to treat that failure as a repudiation of the whole contract, forthwith to cease any continuing work for the Client and to recover costs and damages.
6. COPYRIGHT AND OWNERSHIP
All material delivered to the Client remain the property of Brightworks Media, unless stated under contract. The Client has no authority to retain a copy, sublicence or alienate any such copyright to any third party to use the copyright material for any other purpose than agreed.
Photo or Video libraries, from which Brightworks Media hire visual images on behalf of the Client, retain ownership of full copyright of their work, unless specifically stated on the estimate.
Our terms also allow Brightworks Media the right to feature any work in its marketing and/or promotional material i.e. video, website, print, etc. without prior permission from the Client.
We will take every reasonable precaution to ensure the accuracy of text, tabular matter and visual material. However, the Client is solely responsible for the accuracy of all material. Furthermore, any costs or claims, which arise from errors or omissions, must be borne solely by the Client.
The Client's property and all property supplied to Brightworks Media by, or on behalf of the Client while in possession of Brightworks Media or from the Client, will be deemed to be at the Client's risk unless we otherwise agree. The Client should insure accordingly.
8. WARRANTY AND INDEMNITY
The Client warrants and identifies to Brightworks Media that any information / material supplied to Brightworks Media will be accurate and in no way misleading and will not infringe any third party (s) copyright, registered design, or other intellectual property rights or obligation of confidentiality.
The Client will indemnify us against all actions, suits, claims, demands, losses, damages, expenses we may directly / indirectly incur in consequence of any information and material provided by the Client or in consequence of performing any work for the Client.