“Bizzibox Films” or “We” or “Us” means Bizzibox Limited trading as Bizzibox Films and “Our” shall be interpreted accordingly. Bizzibox Limited is a company registered in the UK (registered number 6744396) with registered office at the Stable Clock House, Tidmarsh Lane, Tidmarsh, Berkshire RG8 8HD. “You” means you, the business or other entity which has commissioned Bizzibox Films to work on a project. “Your” shall be interpreted accordingly.
Before commencing any project, We will provide You with a written quotation or estimate of the cost and payment terms of delivery. The price or estimate quoted will be based on an estimate of the time (in days or hours) considered necessary to complete the project and will, where appropriate, include the anticipated cost of goods and services to be bought in or subcontracted.
Our work will be charged out on an hourly or daily basis unless We have agreed a fixed fee before commencing work. In respect of any goods or services We buy-in from outside suppliers and incidental disbursements such as deliveries, We will charge you the cost thereof plus a minimum handling fee of 20.0%. We are entitled to sub-contract any of the work to be carried out on Your project.
FINAL COST VARIATIONS
The final project cost may vary from the quoted price if:
We will advise You in writing before making any charges in excess of the quoted price.
ACCEPTANCE OF TERMS AND CONDITIONS:
By accepting a Bizzibox Films quotation and/or placing an order with Bizzibox Films, You agree to be bound by these Business Terms and Conditions.
INVOICES AND PAYMENT TERMS
Subject to any final cost variations, We will invoice you the amounts due from time to time in accordance with our project quotation(s) together with any VAT on our fees and on other charges or disbursements which may be payable by us to a third party. You must pay our invoices in full within 7 days of the invoice date.
CANCELLATION OF PROJECT BY YOU
If, at any stage, You cancel a project, or postpone it indefinitely, We shall be entitled to invoice You in full at our daily or hourly rate for any work We have done to the date you notify Us in writing of such cancellation or postponement. In such event, We shall also be entitled to recover from You all costs we have incurred from outside supplies already ordered for the project together with a handling fee of 20.0%. You will be entitled to no intellectual property rights in the work carried out by Us as at the date of cancellation or postponement and You may not make use of our work or exploit it in any way.
Videos, films, online or TV advertisements (Films) produced by Us: We are the author, as defined by section 9(1) of the Copyright, Designs and Patent Act 1998, of any Film or any part thereof created or delivered by Us for You. We shall retain ownership of all rights, title and interest, including all copyright, in and to all video footage, tapes, video files, out-takes, ‘b-roll’, drafts, scripts, video or music edits, interviews, sound recordings, designs, graphics, animation and draft or final delivered or completed versions of any Film.
You acknowledge that you obtain no ownership rights or claims to any intellectual property rights owned by or licensed to Us. You shall retain ownership of all intellectual property rights in any video clip, completed video, music or graphics of which You are the author, as defined by section 9(1) of the Copyright, Designs and Patent Act 1998, supplied to Us by You in the course Our work. Where You supply any material, data or information for inclusion in a Film to be produced for You by Us, You shall procure copyright and other appropriate licences and consents where necessary. Any items or material You have supplied to Us are supplied at Your own risk and We are not responsible if they are subsequently lost or damaged.
We will grant You a non-assignable license to display any Films produced by Us on your website, social media pages or other reputable online or offline premises provided always that You shall have no right to allow third parties to modify, edit or or otherwise deal with the Film without Our prior written consent.
You agree to indemnify, defend and hold Us and Our affiliates, officers, directors, employees and agents, harmless from and against all third party claims, suits, proceedings, liabilities and costs (including reasonable legal fees) to the extent arising from or based upon (a) your gross negligence or wilful misconduct, (b) a claim that Film or other work which We produce for You violates the right of privacy or right of publicity of any person, (c) a claim that any mark, copyright, logo or other element of your business or any material or location provided by You to be included in a Film or other work violates the trademark, copyright or other rights of any third party, (d) any failure to obtain any applicable releases, (e) any breach of warranties given by You in these terms and conditions or in any letter of release You have signed, (f) your use of any Film or other work, (g) any edit, change or other alteration made to a Film or other work as delivered by Us, without Our prior written consent or (h) any claim that Film or other work contains false or misleading statements or is unlawful in any other way.
You agree that your use of any Film or other work produced for You by Us shall be at your own risk. To the fullest extent permitted by the law, Bizzibox Films, it’s officers, directors, employees and agents, disclaim all warranties, express or implied, in connection with the Film or other work and your use thereof. We do not vouch for or warrant and are not responsible for the accuracy, completeness or usefulness of any such works.
We shall have no liability or responsibility for any damage or losses (whether such losses were foreseen, foreseeable, known or otherwise), including loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from Your use, deployment or distribution of the Film or other work or any of them regardless of the form of action.
LIMITATION OF OUR LIABILITY:
We will endeavour to produce Film using all reasonable care. Except for gross negligence or willful misconduct by Us or as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of any such Film.
Each film or other work is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
OUR RIGHTS OF CANCELLATION
We may, by written notice to You, cancel the contract between us and our commitments thereunder if you breach any of Your contractual obligations or if You substantially change or terminate the project while it is still in progress. In the event of Us giving such written notice of termination, you will be responsible for payment forthwith of any fees, expenses and handling costs resulting from Us having carried out Your instructions up to the date of cancellation. In the event of such cancellation, You will be entitled to no intellectual property rights in the work done by Us to date and You may not make use of our work or exploit it in any way.
GOVERNING LAW AND VALIDITY
These Business Terms and Conditions shall be governed by and construed in accordance with English law and You submit to the non-exclusive jurisdiction of the English courts. If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.