Terms & Conditions

Orillo

TERMS & CONDITIONS

Application

These Terms and Conditions shall apply to the provision of Services by Orillo Productions to their client.

In the event of conflict between these Terms and Conditions and any other terms and conditions of the client, the former shall prevail unless expressly otherwise agreed by Orillo in writing.

SECTION 1

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.1 “Business Day”

Means a day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business (other than solely for trading and settlement in anything other than GDP);

1.2 “Client “

Means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) who purchases services from Orillo Productions or places an order with Orillo Films LTD

1.3 “Commencement Date”

Refers to the date on which the Client agrees to hire the services of Orillo Productions (usually after the creative brief for the project has been signed off by the Client)

1.4 “Services”

Means the services to be provided by Orillo Productions to the client as set out in the agreed project schedule;

1.5 “The Company”

Orillo Films LTD & Orillo LTD

1.6 “Address” / “Destination to start travel”

Orillo Studios
3 Apollo Street
York
YO10 5AP

1.7 “Terms of Payment”

Means the terms of payment of fees as set out in the Terms & Conditions and Estimate/Quotation Sheet.

1.8 “Amendments”

Refers to any additional changes that Orillo Productions have to make to a client’s video on top of those already agreed upon in the original brief. Amendments will always come at an extra cost unless stated and agreed otherwise prior to the project’s Commencement Date.

SECTION 2

The Services

2.1

With effect from the Commencement Date Orillo Productions shall provide the Services to the client as agreed in the project outline, subject to receipt of the payments detailed in the project quotation.

2.2

Orillo Productions shall use all reasonable endeavors to complete its obligations within the agreed timelines. To facilitate this the client must provide all the materials and resources needed by Orillo Productions to complete the work according to the deadlines in the project.

2.3

However, should the project scope change and these changes be agreed in writing between Orillo Productions and the client, a new project outline and quotation will be submitted.

2.4

After the quotation has been agreed, we offer a 24-hour cooling off period in which the client may cancel. Cancellation after that time may incur a fee.

2.5

The service of Orillo Productions is fixed. We will update the client’s films, and give original files as required (for an agreed upon fee between Orillo Productions and the client).

2.6

Orillo reserves the right to withdraw any product or service at any time. In this case, we will make all reasonable attempts to offer the client other suitable products and services, either from Orillo Productions itself or another organisation.

SECTION 3

Payment

3.1

All payments are to be made within 28 days of the date of the relevant invoice in pounds sterling (GBP) by cheque or bank transfer. Payments shall be made in the following agreed stages. Payments in other currencies must be agreed in writing prior to the project.

3.2

Staged payments to be charged to the client will be detailed in the project quotation, and agreed in writing with the client prior to the project. Individual invoices will be issued to the client after the client accepts the finished film.

3.3

Orillo Productions reserves the right to withdraw or suspend any services offered if payment is not received within 28 days of work being completed. A late-payment fee may also incur.

3.4

In the event of the project being delayed due to actions of the client such that it exceeds its deadline by 2 weeks, then the client will become liable for full payment of the project value at the time.

3.5

Orillo Productions has a daily rate for filming and a daily rate for editing, applying to any updates or modifications after completion. An estimated timeframe will be given for these services prior to commencement of the work so that it can be agreed with the client.

3.6

In the event of late payment by the client, Orillo Productions will suspend all services and not be liable for any inconvenience or loss of business that this may cause the client.

3.7

Expenses may be requested before project commences, particularly with international projects.

SECTION 4

Variation and Amendments

4.1

If the client wishes to vary any details of the project they must notify Orillo Productions in writing (email is acceptable) as soon as possible. Orillo Productions shall endeavor to make any required changes – any additional costs thereby incurred shall be invoiced separately.

4.2

If, due to circumstances beyond Orillo Productions control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the client immediately.

4.3

Expenses are a guideline quote, and can vary depending on the job. Orillo Productions will always make sure the brief is carried out, if this affects the quote Orillo Productions will notify the client. In some cases of being on location or a limited timeframe, Orillo Productions will also fulfill the brief over the budget, expenses to the value of £250 will not have to be authorized if Orillo Productions feel it could jeopardize the final product dramatically without the additional expenditure.

4.4

Licensed audio that is used on edits but is then discarded will require full payment.

4.5

All audio rights need to be secured by the client, and Orillo Productions takes no responsibility for arranging licensing, unless previously agreed otherwise.

SECTION 5

Termination

Orillo Productions may terminate the agreement immediately if:

5.1

The client is in breach of any of their obligations hereunder;

5.2

The client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets;

5.3

The client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;

5.4

In the event of termination Orillo Productions shall retain any sums already paid to it by the client.

SECTION 6.

Liability and Intellectual Property

6.1

Orillo Productions takes intellectual property very seriously and will not be held liable for any civil or criminal liability resulting from the unauthorised use of copyrighted material or registered trademarks. All clients must ensure that any text, stills, graphics, audio and moving image provided for use on their film/website does not infringe any intellectual property rights.

6.2

Orillo Productions shall not be held liable for any damages resulting from loss of profits, revenue, contracts or any other direct loss resulting from any work provided by the company, as all works are subject to being signed off as satisfactory by the client. Similarly Orillo Productions shall not be held liable for any damages resulting from delay in service provision

6.3

Orillo Productions gives the client all rights to full edited video upon completion. Orillo Productions will hold the rights for all original material and is permitted to be used in any other Orillo Productions service unless stated.

6.4

Orillo Productions may use all the footage captured as promotional and marketing material for itself.

6.5

Orillo Productions will add its own accreditation to any work produced on any format unless by prior agreement with the client.

6.6

The client shall indemnify Orillo Productions against all damages, costs, claims and expenses suffered by the client arising from loss or damage to any equipment, by his agents or employees either directly or due to provision of contaminated files.

SECTION 7

Force Majeure

Neither the client nor Orillo Productions shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

SECTION 8

Severance

The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.