Payment and Charges
1.1 A deposit of 50% of the agreed cost estimate must be paid after terms and contract are agreed in order to secure the booking. The deposit must be received at least 5 days prior to commencement of work.
1.2 The remaining fee shall be paid on approval of the completed video tour and prior to delivery of the video files to the Client.
1.3 An additional fee of 30c/km will apply for tours scheduled outside a 30km distance from Galway City to cover travel costs. The Client will be advised of this cost in advance and this fee will be added to the final fee.
1.4 Payment may be made securely through directvideotours.com using credit card or PayPal, or by cheque, bank transfer or cash. All payments are subject to VAT at the standard rate.
1.5 All cheques are to be made payable to Direct Video Tours.
Copy Approval
2.1 The Client's requirements must be clearly provided to Direct Video Tours in writing before commencement of work and subject only to minor alterations thereafter. Our understanding of the basic timeline and general project specification discussed is outlined in the Contract and forms part of our quotation.
2.2 Major alterations to a project, not agreed prior to the commencement of work, must be made subject of a further written agreement.
2.3 A video tour will only be publicly released by Direct Video Tours once the Client approves all content as complete and satisfactory, confirms this in writing and discharges the balance of the final fee.
Deadlines and Delivery
3.1 Any contract requiring Direct Video Tours to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the Clients will make themselves reasonably available to communicate with Direct Video Tours, its servants or agents, as necessary.
3.2 Direct Video Tours office hours are 9:00am to 5:00pm Monday to Friday unless otherwise notified.
3.3 Should the Client wish to reschedule a filming date, they shall advise Direct Video Tours at least 24 hours in advance of the scheduled time for a free change of date. Should less than 24 hours notice be given, a rescheduling fee of 10% of the deposit will be charged and added to the final fee.
Termination of Service
4.1 The Client may terminate the contract at any time by written notice of termination, upon which any unused prepaid hosting fees will be refunded.
4.2 Once filming has commenced, the deposit is non-refundable. Should the termination occur prior to filming commencing, the deposit will be returned less a 5% administrative charge and any travel expenses and fees incurred as set out in 1.3 and 3.3 above.
4.3 If the Client should become the subject of bankruptcy or insolvency proceedings in any jurisdiction Direct Video Tours shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to Direct Video Tours.
Errors, Omissions, Liability
5.1 Direct Video Tours cannot be held liable for loss or damage caused as a result of third party action or failure.
5.2 In the event of the performance of any obligation accepted by Direct Video Tours being prevented, delayed, or in any way interfered with by any act of government, war, industrial dispute, strike, breakdown of machinery or equipment, accident, fire, or by any other cause beyond Direct Video Tours' control, Direct Video Tours may at its option suspend performance or cancel its obligations under the contract without liability for any damage or consequential loss resulting there from, such suspension or cancellation being without prejudice to Direct Video Tours' right to recover all sums owing to it in respect of goods delivered and costs incurred up to the date of the suspension or cancellation.
5.3 Direct Video Tours cannot be held liable to any party for any errors on any medium after the Client has agreed in writing that the content is correct and accurate. Any recommendations or suggestion relating to the use of any goods or mediums supplied by Direct Video Tours are given in good faith but it is for the Client to satisfy itself of the suitability of the goods for its own particular purpose.
5.4 The Client shall indemnify Direct Video Tours from and against all actions, claims, costs, charges, expenses and proceedings arising from or incurred by reason of any defamatory or libelous matter or any infringement or alleged infringement of any patent, trademark, copyright, registered design or design copyright or other exclusive right including any moral right claim or any other title of any third party in respect of any work carried out for the Client by Direct Video Tours.
5.5 The Client hereby agrees that without limiting any other provision of these conditions: To the maximum extent permitted by law Direct Video Tours' entire liability for breach of any provisions of the contract, or any terms, warranties or conditions implied in the contract by operation of law, including Direct Video Tours liability for negligence (except where such negligence results in death or personal injury) are excluded; Under no circumstances shall Direct Video Tours be liable for any consequential loss whatsoever (including damages for loss of business profits, business interruption or other indirect pecuniary loss of any kind); Direct Video Tours' entire liability for any direct loss suffered by the Client, as a result of Direct Video Tours breach of the contract and for which Direct Video Tours shall notwithstanding any other provision of the contract be liable, be limited to the amount actually paid by the Client in accordance with the contract.
Contracts
6.1 Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the Client's needs.
6.2 If a project requires additional content this is, in effect, a contract change. Any amendment made to the original contract, once approved, becomes contractually binding.
6.3 Email correspondence shall be sufficient to prove changes to agreements for any form and content of programme.
6.4 Direct Video Tours will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the Client.
6.5 Direct Video Tours shall be entitled to appoint one or more sub-contractors to carry out all or any of its obligations under any contract between Direct Video Tours and the Client.
6.6 If any provision of this contract as applied to either party or to any circumstance should be adjudged by a court to be illegal, invalid or otherwise unenforceable, such provision or provisions shall be severed and deleted from the clause concerned and the remaining contract shall survive, remain in full force and effect and continue to be binding and enforceable.
6.7 The Client shall provide appropriate security arrangements for any filming outside of the Republic of Ireland for which Direct Video Tours provides crew or equipment and such arrangements shall be notified to Direct Video Tours in writing in advance of travel.
6.8 The contract shall be governed by and construed in accordance with the laws of the Republic of Ireland and shall be subject to the jurisdiction of the Irish Courts.
Ownership of Content/Copyright
7.1 All video footage remains the copyright of Direct Video Tours, and the Client relinquishes all image rights of participants and places contained in the video to Direct Video Tours in perpetuity.
7.2 Upon payment by the Client for the completed video tour the Client will have an irrevocable licence to use the video tour for marketing uses only and may not sell the video tour or any part of it.
7.3 Direct Video Tours reserves the right to re-use any individual scenes, in isolation, in the making of other videos.
7.4 Direct Video Tours will not re-use any complete video tour in its original form except for the specific Client by whom the film was commissioned and purchased, or on our own website and promotional marketing material.
Confidentiality
8 Any confidential or proprietary information which is acquired by Direct Video Tours from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Direct Video Tours will sign and adhere to the conditions of any Confidentiality Agreement used by the Client.
Complaints
9 Should the Client have cause to make complaint about services or programmes the complaint, if put in writing, will be acknowledged by Direct Video Tours within 14 days and a detailed reply will be issued to the Client within a further 28 days thereafter.
Direct Video Tours, 5 Windfield Gardens, Clybaun Road, Galway
Telephone +353 (0)86 221 4991 www.directvideotours.com
