Fridge Productions - Terms of use

Terms of use

General

The following Terms and Conditions are binding upon the Client and Fridge Productions Limited (“the Company”). Except to the extent if any required by Law no condition warranty guarantee undertaking representation or statement (whether oral or written) not contained in these Conditions shall be binding upon the Company. These Conditions shall prevail notwithstanding any terms or conditions of any order submitted by the Customer. These Conditions are to be interpreted and applied entirely subject to the provisions of the Unfair Contract Terms Act 1977.

This website www.fridgeproductions.co.uk is operated by Fridge Productions Limited, PO Box 106, Saltburn-by-the-sea, TS12 1WL.

The entire content of this website is Copyright of Fridge Productions Limited which retains all rights in respect of any or all of the material. The contents of this website may be printed for personal informational use as long as the Copyright notices are also reproduced. The content may not be re-distributed, re-sold, reproduced, stored in a retrievable system or transmitted in any form by any means, electronic, mechanical, for photocopying, recording or otherwise, without prior permission of Fridge Productions Limited. Any infringements will be rigorously pursued.

Disclaimer

The documents and related graphics published on www.fridgeproductions.co.uk may contain technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Fridge Productions Limited may make improvements and/or changes to the information and services described herein at any time.

In no event shall Fridge Productions Limited be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connection with the use of information available on www.fridgeproductions.co.uk.

Intellectual Property

All copyright or other intellectual property rights in any material devised by the Company will belong to us. Should the client cancel or postpone work after visuals are produced, they remain the property of the Company. Licenses may be purchased from the Company.

Moral Rights

The Company retains the moral right to such copyright notice / credit as is reasonable. The Client shall not remove or alter any copyright or other proprietary notice without written consent from the Company.

Confidentiality

We agree that we will keep the terms of this agreement and any further information supplied to each other in respect of this agreement or in respect of each other’s business secret and confidential. In this respect we agree that we will not disclose the Information or any part of it to anybody (except to our own employees and maybe our other halves) without prior written consent.

Estimates

Prices quoted are subject to change on or after the acceptance of an order if any modification or extra work is required by the Client and is carried out by the Company. The prices quoted are exclusive of delivery, postage, packing, carriage and insurance charges and when deliveries are undertaken by the Company this will be charged as an extra, which the Client will pay. All quotations are valid for thirty days only unless otherwise stated in writing.

Costs

Prices may be subject to revision to take account of intervening changes including material costs, labour charges and rates of exchange which may arise after the date of the estimate. Although the Company will make every effort to inform the Client of any changes, it reserves the right to make alterations without prior notice. All costs refer to services actually included in the estimate.

Change requests

If the scope of project changes from the specifications outlined in the project plan or if the Company is required to provide additional services not described in the project plan, such changes will be documented in a change request and may impact timings and costs. The Change request will require sign-off by the Client before work described therein can commence.

Feedback

The project depends on the close involvement of the Client's internal teams to provide input, review and approve deliverables, and to be available for presentations and conference calls throughout the engagement. The Client will be responsible for obtaining the necessary involvement of all stakeholders and collating their feedback. If resources booked are not used due to late feedback from client, this cost will be added to the project spend and may result in a chargeable change request.

Payment Terms

Unless otherwise started the Company will invoice the client in 3 parts. 30% upon project sign-off, 40% at a mid-term milestone to be agreed (usually visual sign-off) and 30% on completion. All invoices to be paid in 30 days. Late payments in theory are subject to 4% interest. Although it has never been charged. Please don't take advantage of this.

Where work is suspended or delayed by the client for over 30 days, payment for work already carried out will become due. Should expedited delivery be agreed and necessitate overtime or other additional cost an extra charge may be made by the Company.

Delivery

The date of delivery shall be the best possible estimate. The Company reserves the right to alter delivery dates without notice. Failure to meet delivery dates shall in no way give rise to any liability on the behalf of the Company.

Acceptance

Every endeavour will be made to ensure the reliability of our deliverables. If the Client does not notify the Company of non-acceptance within ten days of delivery of the Deliverable, it will be considered accepted. The deliverable will be considered accepted if the Client uses the deliverable in a “live” environment.

Liability

The Company shall not be liable for indirect loss or third party claims occasioned by delay in completing the work, or for any loss to the Client arising from delay in transit. Where work is defective for any reason, including negligence, the liability (if any) of the Company shall be limited solely to the rectification of such defect.

Lien

Without prejudice to the Company’s other remedies the Company shall in respect of all unpaid debts due from the Client have a general lien on all goods and property in its possession (whether worked or not) and shall be entitled on the expiration of fourteen days written notice to dispose of such goods or property as we think fit and to apply any proceeds towards such debts.

Legality

The Company reserves the right to refuse to work on any material it considers may be illegal for any reason. The Client shall indemnify the Company from all claims, demands, damages, penalties, costs, expenses or liability which may arise in respect of the infringements of any letters patent, registered design, trademark, design copyright, copyright or any other industrial property right resulting from or arising in the performance of the contract.

Cost Variation and Force Majeure

Estimates and quotations are based on the current cost of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. If estimates are given without sight or copy, artwork, originals or detailed brief the Company reserves the right to amend any estimate or quotation once the same are produced. Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as it may find necessary as a result of inability to secure labour materials or supplies or as a result of any act of God, war, strike, lockout, or other labour dispute, fire, flood, drought, legislation or other cause whether or not of the foregoing class and which is beyond the Company’s control.

Third-parties

The Client is responsible for the co-ordination of any third parties. All software and data base-licensing partners, if any, will be responsible for delivery and testing of their own deliverables. Delays caused by non participation of Client project members or third parties in agreed tasks may result in an increased timeline and costs.

Links to Third Party Sites

This site www.fridgeproductions.co.uk includes links that will allow you to leave the site. These linked sites are not under the control of Fridge Productions Limited is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Fridge Productions Limited is not responsible for webcasting or any other form of transmission received from any linked site. Fridge Productions Limited is providing these links only as a convenience, and the inclusion of a link does not imply endorsement by Fridge Productions Limited of any site.

Source material

The Client will ensure that all necessary permissions for the use of any source material have been obtained and that the materials contain no defamatory matter and are free of all other legal restrictions and you will indemnify us against any costs and losses incurred by us, our employees or agents in the event of a third party claim against us, or any of the above persons.

Applicable Law

These conditions and all other expressed terms of the contract shall be governed and construed in accordance with the Laws of England.

Collection of Data

Fridge Productions Limited gathers data in accordance with the Data Protection Act 1998. We only distribute your data within Fridge Productions Limited and the sister projects with which we work (see Sister Sites section) and to no other external organisations except with your express permission.

The Company

"Fridge Productions" is the trading name of Fridge Productions Limited, a limited company registered in England and Wales under company number 5936380. The registered office is Fridge Productions Limited, 2nd Floor, 145-157 St.John Street, London, EC1V 4PY

Fridge Productions is a trade mark of Fridge Productions Limited.