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The following Terms and Conditions will apply.
2. The Supplier contracts on these conditions only, and acceptance by the Supplier of any order from a Booker will be deemed an acceptance of these Terms and Conditions by the Booker and the presumption is made that they have been read and accepted de facto. No Terms and Conditions other than those set forth herein or any variation thereof under Condition 19 shall be binding upon the Supplier or the Booker unless provided in writing and signed by or on behalf of both the Supplier and the Booker.
3. Payment is due within 30 days of the date of invoice (unless otherwise specified by the Supplier on the invoice). The right is also applied to require payment from a Booker outside of the British Isles upon receipt of invoice, or with a new client in advance. The licence is not released until agreed payment is made in full. A client specified new invoice style, template or content which conforms to their individual accounting system, may incur a fee of £25.
4. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (EC Directive), the right is reserved to charge interest at 8% above the late payment period reference interest rate based on the relevant Bank of England base rate on all amounts outstanding for more than 30 days (the Credit Period) from the Tax Date indicated on the invoice; and further to make a statutory compensatory charge on late payments, as follows: for amounts below £1,000 a charge of £40; for amounts between £1,000 and £10,000 a charge of £70; and for amounts above £10,000 a charge of £100. Such charges may be applied and added to the debt. Details of these charges can be found at: http://payontime.co.uk/late-payment-legislation-interest-calculators
5: The right is reserved to levy a minimum charge of £20 for each written reminder or statement produced and sent after the Credit Period.
6: The supply of any future services may be withdrawn in the event of a breach of these Terms and Conditions. Performing rights as opposed to copyright are retained by the artist in perpetuity.
7: Unless otherwise agreed, all Session and Use fees are set at no lower than the minimum relevant rates of the supplier’s professional reference sources, Equity and Gravy for the Brain together with any additional Terms and Conditions published on the relevant Equity or Gravy for the Brain rate cards or guidelines in force at the time the service was provided, or if pre-booked, for the next year, if different, then those rates will apply. For international rates then the contra agreements will apply for the country’s relevant professional association.
8: Fees for voice-overs supplied for radio commercials produced by a radio station or appointed sub-contractor under the Equity Independent Radio Commercials Payments Rate Cards, 2017 are calculated strictly on a one fee per voice performed, per script, per station basis at the relevant transmitting station(s) rates unless otherwise indicated.
9: Fees are set at a level to reflect the stated usage at the time of booking. Any further usage on other broadcast outlets, for other advertisers, in other media, beyond the duration of stated licensing terms or the re-use of recorded material in other productions is beyond the scope of the original agreement and must be advised by the Buyer at the point of intended further use, the Supplier’s permission sought and appropriate payments made at the Suppliers discretion at or above the rates then prevailing on the relevant Equity rate card or Gravy for the Brain’s guideline rates. Use periods will be considered to commence from the date of the original supply of the material.
10: For work carried out after the hour of 6pm and at any time during Saturday and Sunday or on a bank holiday in the UK, the Supplier reserves the right to charge an out of hours supplement. Any such charge will be notified to the Buyer in advance.
11: If the Buyer cancels any contract giving the Supplier less than twenty-four hours notice, the Supplier reserves the right to charge a cancellation fee of 100% of the fees payable under the terms of the contract.
12: Copyright and Performing Rights in all written and/or audible work created by the Supplier remain the property of the Supplier, unless the Buyer and Supplier have agreed otherwise by way of written contract.
13: The Buyer undertakes that they will notify the Supplier if they shall assign, transfer or sell any Contract or benefit to which these Terms and Conditions apply.
14: The Buyer warrants and undertakes that: (a) they will be responsible for obtaining and paying for all necessary licences and consents for the use of any copyright material contained in, or the inclusion of any person in their production; (b) No copy will breach the copyright or other right of or be defamatory toward any third party; (c) they will indemnify and keep the Supplier indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use of any copy or matter supplied by the Buyer.
15: Bookings made by international clients will be negotiated to include usage as final, once invoice agreed is submitted and paid unless further licencing is due. Any usage included when invoiced, once the booking is completed will be non refundable.
16: In the event of any failure by the Buyer to comply with these Terms and Conditions, the Supplier may terminate immediately any licence to the Buyer to broadcast or perform or otherwise exploit the Supplier’s work. Contravention of this will be deemed as breach of international copyright law.
17: If any provision of these Terms and Conditions is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these Terms and Conditions and of the remainder of the provisions in question shall not be affected.
18: Governing Law: The Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
19: These Terms and Conditions may be varied from time to time and will be communicated in writing.
April 2019. Copyright © 2019, Randle Stonier
27 April 2019
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