Terms and Conditions
Apple & Pear Productions Ltd
4 Conference Grove
CROWLE
Worcestershire WR7 4SF
www.applepearproductions.co.uk
1. Commissioning
1.1 Commissions accepted for white papers, articles, features, reviews or other written work, training services, consultancy or operational audio-visual assignments shall be subject to the following terms and conditions and no additions or alterations shall apply unless specifically agreed in writing between Apple & Pear Productions Ltd and the client.
1.2 All commissions shall be confirmed in writing at least three weeks before the due date.
1.3 At the time of commissioning, a mutually agreeable payment shall be accepted for the work, based either on the number of days involved, or the amount of words and graphical material required. Travel and other expenses shall be in addition to any agreed rate.
2. Invoices and Payment
2.1 The client will be invoiced at the agreed rates for the commission in advance of commencement or publication.
2.2 Invoices must be settled in full within 30 days of the invoice date. Late payments shall be subject to interest and compensation charged 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.
2.3 Apple & Pear Productions Ltd reserves the right to decline to provide material or services should payment not be made in accordance with conditions (2.1) and (2.2) above.
2.4 All payments to be made by cheque or bankers draft, payable to Apple & Pear Productions Ltd or by BACS transfer to the following account:
Lloyds TSB: A/C Name: Apple & Pear Productions Ltd Sort Code: 30-80-34 A/C: 36338060
BIC/SWIFT: LOYDGB21723 IBAN: GB39 LOYD 3080 3436 3380 60
3. Expenses
3.1 Reasonable accommodation and travel expenses will be charged in addition to an amount agreed for the commissioned work.
3.2 In the case of mileage allowances, the prevailing Inland Revenue rates for the Fixed Profit Car Scheme will apply.
4. Value Added Tax
4.1 Apple & Pear Productions Ltd is registered in the UK for VAT. Registration Number: GB 729 0867 06.
5. Cancellations
5.1 Where a commission has been accepted by Apple & Pear Productions Ltd and is subsequently cancelled by the client, the following charges shall apply:
5.1.1 All out-of-pocket expenses.
5.1.2 If the cancellation is made with less than 15 days notice before commencement or publication deadline, 100% of invoice.
5.1.3 If the cancellation is made with more than 15 days notice before commencement or publication deadline, 25% of invoice.
6. Copyright
6.1 The full copyright on all supplied written material, graphics, photographs, and audio-visual material is retained by Apple & Pear Productions Ltd, and whole or partial reproduction without specific written consent is strictly prohibited.
6.2 Apple & Pear Productions Ltd retains all rights and intellectual properties.
7. Force Majeure
7.1 Apple & Pear Productions Ltd shall not be liable for any delay or failure to perform any of his contractual obligations if the delay or failure is caused by circumstances outside the company’s reasonable control.
8. Liability
8.1 Apple & Pear Productions Ltd will endeavour to provide products and services of the highest quality to meets the client's requirements.
8.2 In the event of the client’s dissatisfaction with the materials or services provided, liability shall be limited to a refund of the full invoice amount less any out-of-pocket expenses.
8.3 Liability under (8.2) shall be the maximum liability and is not necessarily the liability in all matters of dissatisfaction which shall be the subject of discussion and agreement as to the liability and degree of compensation.
9. Legal Construction
9.1 These conditions and the contract to which this document relates, shall in all respects be construed and operate in accordance with English Law. These conditions do not reduce or diminish any statutory rights or duties under the Supply of Goods and Services Act(1982), or common Law rights of either party. All contracts concluded with Apple & Pear Productions Ltd shall be governed by English Law.