TERMS & CONDITIONS

Contents

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1. General

2. Definitions

3. Basis of Sale and Service

4. Estimates, Prices and Orders

5. Rates and Times

6. Payment Terms

7. Property Ownership and Risk

8. Proofs and Artwork

9. The Production Process

10. Claims and Queries

11. Cancellation & Refund

12. Privacy

13. Force Majeure

V1-V8 Video Services

Governing Law

1. General

These Terms and Conditions of Service and Supply apply to all services and products provided by Jordan Lee and supersede all understandings or prior agreements, whether written or verbal, and all representations or other communications. All work is carried out by Jordan Lee on the understanding that the customer has agreed to these Terms and Conditions. Copyright is retained by us on all design work including words, pictures, ideas, visuals and illustrations unless all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by us as fulfilling the contract. All of the other designs remain the property of Jordan Lee unless agreed in writing that this arrangement has been changed. Jordan Lee reserves the right to promote designs developed by them as part of their portfolio and their promotional activities. Jordan Lee reserves the right to alter these terms and conditions without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.

2. Definitions

In these conditions:

• ‘Jordan Lee’, ‘the company’, ‘we’, ‘us’, or ‘ours’ refers to Jordan Lee, including any other person or company acting as an authorised representative or lawful agent of Jordan Lee.

• ‘Client’, ‘you’, or ‘yours’ refers to the person, business or company from whom orders for work are received and with whom Jordan Lee enters into a lawfully binding contract. These Conditions’ means the standard terms and conditions of service and supply set out in this document and includes any special terms and conditions agreed in writing between us and you.

• The ‘Services’ means the services to be provided to you as set out in our estimate.

• The ‘Goods’ means the goods (including any installment of the goods or any parts for them) which we are to supply in accordance with these Conditions.

• ‘Month’ means a calendar month

• ‘Writing’ includes any communications effected by, electronic email, facsimile transmission, or any comparable means.

3. Basis of Sale and Service

These terms and conditions can only be altered or qualified as agreed in writing by the company and you, and must be signed by an authorised representative of the company setting out in full all the relevant alterations and qualifications. Any typographical, clerical or other error or omission in any sales literature, estimate, quotation, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the company.

4. Estimates, Prices and Orders

We will:

• Provide you with an estimate of the price to be charged if you request one before an order is placed;

• Provide such estimates based on our current production costs;

• Try to ensure that any estimate is valid for 30 days, although we may amend any estimate if it is necessary to do so.

It is your sole responsibility to request an estimate before placing an order. If, however, a price has not been expressly agreed at or before an order is placed, we shall charge you in accordance with our normal pricing structure and you shall not subsequently dispute the price charged. Any 'quotes' supplied by Jordan Lee are not offers to enter into legally binding contracts, but are merely indications of the price that we charge to undertake a particular type of work.

Additional expenses relating to a project that have not been identified, will be added to the final invoice if not included in the initial quote; these charges may include but are not limited to:

• Licensable assets required to complete the Project

• Client requested Fonts

• Music licensing

• Accommodation

• Travel costs

• Parking

• Congestion charge

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We reserve the right to make additional charges in respect of all costs, charges and expenses incurred by the company beyond normal allowances including but not limited to those caused by or arising out of:

• Copy supplied not being clear and legible;

• Author’s corrections or other work not specified in the estimate;

• Overtime working by the company’s staff or subcontractors;

• Additional use of couriers, special deliveries and similar facilities.

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For any projects quoted that are determined by a 'Day Rate', the quote provided is on the basis of an eight hour working day. Any work required greater than eight hours would result in an hourly charge

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All estimates given and orders accepted are inclusive of Value Added Tax (VAT). If you cancel an order after we have commenced work on it, you shall be charged the full order value or such lower amount as we may (at our sole discretion) determine.

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5. Rates and Times

One full day of filming refers to 9 hours of work carried out by Jordan Lee. Any required travel associated within the project, including travel to and from location, and location changes throughout the shoot, is included as part of the working day. 

Available 'half day' rates denotes services carried out for up four hours of work in one working day.  Any work that exceeds four hours will be categorised as a full day.

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A full day of editing refers to 8 hours of work carried out by Jordan Lee. A 'Fast-track' edit service is also available, subject to resource availability at the time of project confirmation, is also offered at a tailored rate, and is dependent on the requested deadline,
 

Any services undertaken by Jordan Lee which is required on a weekend (Saturday and/or Sunday), or on a Bank Holiday will be charged at 1.5x the standard day rate charged for the service.

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Please refer to Jordan Lee's Rate Card for any overtime costs for work that exceeds the standard hours associated with the service.

6. Payment Terms 

Invoices will be submitted for payment upon completion of work and payment is due within 30 days of receipt of the invoice unless otherwise agreed. Clients residing outside of the United Kingdom and all projects with a total value of more than £5000 will require a 50% deposit before work has commenced. International bookings/clients registered outside of the UK require payment to be made upon final edit sign off/handover of footage.
 

Payment is to be made to an account nominated in writing by Jordan Lee Video. If the Client does not pay an invoice by that time, then without prejudice to Jordan Lee Video's rights:
(a) an 8% increase on the invoice amount will take effect after the invoice is due, extending for an indefinite period until the invoice is paid in full. This charge will be added at 9am on the first day the invoice is overdue, then every subsequent 7 days.
(b) by written notice to the Client, Jordan Lee Video can suspend or terminate any licence granted to the Client to use the Deliverable in respect of which payment is outstanding, and may recover or remove from the Facilities any Deliverables for which payment has not been made. Upon payment in full for the Deliverables, Jordan Lee Video grants the Client a non-exclusive and non-transferable perpetual licence to use the Intellectual Property for the Client's own business purposes.

International banking fees and international and national Paypal (if you choose to pay this way) fees will be passed on to the invoiced party.

7. Property Ownership and Risk

All footage created/filmed by Jordan Lee remains the copyright of Jordan Lee. It is licensed for use for 30 days of invoice date without payment, Following that date, the footage is no longer licensed for usage in any circumstance until payment for services is received. In the result of non-payment, Jordan Lee reserves the right to order the removal of footage/content from any use.

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You shall be deemed to have accepted the goods and services on delivery but we shall retain ownership of all materials and goods produced until all goods and services provided to you have been paid in full. Any materials made available to the company by you or on your behalf shall, whilst it is in our possession or in transit, be at your risk and we will not be liable for any damage to such materials however caused, and you will be responsible for such materials to be appropriately insured. We will be entitled to destroy any such materials supplied to us by you or on your behalf on the earlier of 12 months from being in our possession or one month after written notice has been given by us to you.

8. Proofs and Artwork

You are responsible for:

• Clearly, concisely, specifically, and adequately conveying your requirements to us;

• Ensuring that any originated artwork is suitable and adequate for your needs and purposes;

• Thoroughly, properly and completely checking any content for errors or omissions;

• Clearly making any necessary amendments on a draft edit;

• Giving us your complete and absolute approval of an edit in written form, and giving us authority to proceed to export your work.

Any work undertaken will be proofed and provided to yourselves to proof in the understanding that the final version is signed off by yourselves as perfect and therefore any errors or omissions thereafter are not Jordan Lee’s responsibility. After a final version is approved by you in written form, we may charge extra if you make alterations or changes to the original concept design or content, and these changes necessitate additional work from us or you change the style, type or layout if you had previously left it to our judgement and discretion. It is the responsibility of the Client to ensure that any images, video, audio or other Assets supplied by the Client for use within a video produced by Jordan Lee, must be clear of copyright restrictions for the intended usage. Should the Client provide Jordan Lee with Assets to be incorporated into the Client’s Project, Jordan Lee will take this as confirmation that the Client has sought all appropriate permissions / licenses for their use and the Client shall indemnify Jordan Lee from all suits, claims, demands and other liabilities.

9. The Production Process

Once a quote has been provided and agreed, we will start the production process and confirm the required filming dates in our calendar. Upon completion of a project, any further amends will be charged at an hourly rate of 10% of the agreed editing rate, with a 1 hour minimum payment. The only exception to this is in the event of error caused by Jordan Lee. eg, spelling or a missed amend from a previous list. It is the clients sole responsibility to proof and approve versions.

10. Claims and Queries

All claims and queries in regard to goods supplied (including shortages, errors etc) must be made by you in writing or a form specifically approved by us, and must be submitted to us within three working days of delivery date or collection. All claims and queries regarding an invoice must be made by you within ten working days of the invoice date, and queries regarding non-delivery of goods must be made by you within five working days of the invoice date. All claims and queries will not normally be entertained unless they are made within these time limits.

11. Cancellation & Refund

Every effort will be made by Jordan Lee to be flexible and understanding in relation to the changing nature of production schedules, however, for advance bookings that have been confirmed in writing by the client, the following cancellation terms apply:

• Cancellations within 24 hours of job start date – 100% day rate charge applicable

• Cancellations within 48 hours of job start date – 50% day rate charge applicable

12. Privacy

In using our services, you may be asked to submit information about yourself such as your name and email address. This information will only be used by us to keep you up to date with our services, and will not be given out or sold to any external party for any reason whatsoever without your prior consent. 

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13. Force Majeure

We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond our control, including but not limited to acts of God, legislation, war, fire, flood, drought, failure of power supply, mechanical breakdown, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. We shall endeavour to give immediate notice to you of this and will take all reasonable steps to resume performance of its obligations.

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Video Services

Definitions 

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• A 'Project' is any work undertaken or service provided by Jordan Lee for the client on their request and as described in our confirmation order email to that client.

• A 'Client' is a person, persons, business or organisation using any of the services provided by Jordan Lee.

• 'The Payment Period' shall be the time allowed by Jordan Lee for receipt of all monies owed to Jordan Lee by the client.

• 'Content' is both text and images that the client requires within the media products created.

• ‘Normal Business Hours’ is from 9.00am to 5:30pm Monday to Friday excluding Bank Holidays.

V1. Contract 

For our web based services the contract between Jordan Lee and the client will be on these conditions in addition to the above. Any variations to these conditions shall have no effect unless agreed in writing.

V2. Commencement 

Jordan Lee will only commence work on a project after written confirmation of requirement from the client.  

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V3. Deposit

The deposit paid to Jordan Lee covers the cost of production work carried out. It is not possible to refund a deposit once Jordan Lee has sent the first version of a video, or product, to the client. Jordan Lee reserves the right to decide whether a refund is applicable if requested by the client for any reason. However, a refund is not guaranteed and will be subject to the discretion of Jordan Lee. 

V4. Research

Jordan Lee shall expect the client to carry out sufficient research before proceeding with a video product. This will include checking that any materials requested by the client, which forms part of the video, will be supplied with the appropriate permissions and clearances. It is important that any materials supplied by the client is not in any way illegal.

V5. Image Use

Where images used in a video have been purchased by Jordan Lee on behalf of the client, these images are strictly for use in the video only. Jordan Lee is not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.

V6. Business Operation

Jordan Lee cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim as a result of a service offered by Jordan Lee.

V7. Completion Date

Jordan Lee will provide the client with an expected project completion date if requested. We will always endeavour to meet any given deadline. However, as we are often reliant on factors such as receiving feedback from a client, or unexpected scope alterations to a project, we do not guarantee and are not bound in any way to complete the project by this date. 

V8. Copyright

All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client, they will be the sole responsibility of the client.

Governing Law

All our terms and conditions shall be governed by the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.