TERMSOF BUSINESS
Termsof Business listed below apply to photography & video servicesprovided by “Mariuszpe Images”
- Definitions a. “Company” means “Mariuszpe Images” creative photo & video service.b. “Services” means any video or photography assignment. c. “Client” means any person or organisation to which the Company shall provide photo&video services.
- Quotations a. Unless otherwise agreed in writing, a quotation is valid up to 30 days from the date on which it is issued, after which Company reserves the right to amend it or withdraw it. b. Additional charge may apply if additional Services are required because the Client wants to make changes in the final product. The additional charge will be agreed with the Client. c. Unless otherwise stated, prices are in euro (EUR).
- Prices a. The cost of photography or video service is based on the complexity of the project and the length of the promotional video unless otherwise agreed with the Client.b. All prices are calculated at the currency rate applicable on date of quotation and therefore may be subject to change. c. I have a policy of charging interest in accordance with the Late Payment EU Directive and Prompt Payments Act 35/ECof 29th June 2002.
Healthand safety
Companyapplies and meets all of the required Health & Safetyregulations. All equipment, goods or materials used or provided byCompany in the course of providing services comply with all relevantHealth & Safety Standards.
Companyis responsible for ensuring that Health & Safety standards areapplied to ensure the safety of staff and others while on set, onlocation, and at the production house.
“mariuszpe”creative photo&video service have signed the IWA Code of GoodPractice to Protect Children Policy, is familiar with Image Safe CodeDCCI documentation, also have Garda Vetting.
Dataprotection and privacy procedures
Companyhave established privacy & data protection procedures to ensuremy Client's material is safe at all times, and that they can rely onme with any potentially sensitive assignments.
Toensure privacy and discretion all images taken by Company are copiedto external HardDrive and are password protected. All images aregiven a unique reference name. I also back up all images onto harddiscs on the day of the event, each time they are altered, and anoverall backup of my archive is carried out regularly.
Companyrespects European Data Protection Act 2018. Any informationconcerning the Client and their respective Client records may bepassed to third parties. However Client records are regarded asconfidential and therefore will not be divulged to any third partyunless legally required to do so to the appropriate authorities.Clients have the right to request sight of and copies of any and allClient records Company keeps, on the proviso that we are givenreasonable notice of such a request.
Theprocessing of personal data, such as the name, address, e-mailaddress, or telephone number of a data subject shall always be inline with the General Data Protection Regulation (GDPR), and inaccordance with the country-specific data protection regulations.
Termsof credit for Video assignments
Firstinvoice will cover the Company's attendance at the event, uploadingof video clip to company's private Vimeo or YouTube account and firstedit which then is available to Client as the preview video file.First invoice is half of the quoted price accepted by Client unlessotherwise agreed with the Client. This first invoice must be paid infull, before final edit will start.
Atthis point in time Company must receive logo, title for the video,closing credits etc. from the Client. Also it is really importantthat Client must choose which part of video needs to bere-edited/changed. Client has got a right for three alterations.Third change is final. If the video require more than threealternations the additional charge will be added to the finalquotation. Company can give you a new price for the edit to suit yourrequirements. Charges will be discussed with Client.
Companywould then create and upload the final video clip to Company'sprivate Vimeo or YouTube account and send link via email or mobilephone ‘text message’ to the Client. This will be the last chanceto change or add content to the finished video. Second and lastinvoice will be raised, when the final cut video is finished andaccepted by the Client.
Ifthere are changes to be made once the client has signed off on thefinished video, there will be extra charges as stated in our tenderor quote.
Ifthe client wants another video created from the same content therewill be an additional quote given at the time.
Thissecond invoice must be paid in full before Company will release thefinished video to the client, unless otherwise agreed upon inwriting. The Company has implemented the policy of charging interestin accordance with the Late Payment EU Directive and Prompt PaymentsAct.
Paymentis due in accordance with the quotation and, unless otherwise stated,will be as follows: 100% of the total sum, due on completion andwithin the remittance period.
Ifthe Client fails to pay all the sums payable hereunder on or beforethe date due, then the company shall be entitled to chargeinterested at the rate per annum of 2% above the base rate from timeto time of AiB on all overdue payments, such interest to accrue on adaily basis with effect from the date due and to be payable after aswell as before judgment.
The“Mariuszpe Images” or “Virtual Media Ireland” logo willalways appear at the end of all videos produced by “MariuszpeImages” creative photo&video service unlessotherwise agreed with the Client.
Termsof credit for Photographic and Video assignments
Termsof credit are strictly 14 days from Photographic and Videoassignments date of invoice, unless otherwise agreed in writing. TheCompany has implemented the policy of charging interest in accordancewith the Late Payment EU Directive and Prompt Payments Act.
Usagelicense. Rights to the use of project content
Iretain all rights to the usage of footage / photographs capturedduring the production of any client-commissioned project. As part ofmy Services, I will grant a renewable, non-exclusive or lifelongexclusive unlimited license for use of that footage / photographs tothe Client subject always to the following express condition:
- Company retains all copyright over any content produced for the Client. A usage license grants the Client permission to use the content in the state in which company provide to the Client. I do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
- Company reserves the rights to use any footage / photographs and related files from any Client-commissioned project in my showreels for other projects and promotional purposes.
- Provided that all charges from the Client have been received in Company's bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a renewable, non-exclusive or lifelong exclusive unlimited license relating to the video material in its delivered form.
- Company retains the right to use any of my copyright material for any legal purpose, including its use within projects for other Clients unless (a) unless otherwise agreed with the Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Imagestaken during any event are not owned by the individual(s) whose imageis recorded. Permission to use images is owned by the Company.Mariusz Potyralski own copyright to all images produced by “MariuszpeImages” creative photo&video service and is protected underIrish law. All rights reserved. Formore details, see www.cai.ie Copyright Association of Ireland.
DóchasCode of Conduct on Images and Messages
“MariuszpeImages” creative photo & video service confirm acceptance ofthe Dóchas Code of Conduct on Images and Messages, which states“choices of images and messages will be made based on the paramountprinciples of”:
- Respect for the dignity of the people concerned.
- Belief in the equality of all people.
- Acceptance of the need to promote fairness, solidarity and justice.
- “Mariuszpe Images” creative photo & video service is a signatory of the Dóchas Code of Conduct on Images and Messages.
Cancelation Policy
Minimum24 hours notice of cancellation required. Notification for instance,in person, via email, mobile phone ‘text message’ or any othermeans will be accepted subject to confirmation in writing.
Terminationof Agreements and Refunds Policy
Boththe Client and Company have the right to terminate any ServicesAgreement for any reason, including the ending of services that arealready underway. No refunds shall be offered, where a Service isdeemed to have begun and is for all intents and purposes underway.Any monies that have been paid to Company which constitute payment inrespect of the provision of unused Services, shall be refunded.
Ifyou need to discuss any of the following, please contact me onmariusz@virtualmedia.ie