Terms & Conditions
Hummingbird is a long-established digital marketing agency that has been creating a hum in the marketing world for almost 20 years. We have to build a reputation based on results and client retention.
Below are the terms and conditions on which Hummingbird Video Productions Limited shall provide videography services (the “videography service”) to You. The exact Videography Services provided will depend on what is agreed between the parties during an initial consultation (see below Clause)
It is mutually agreed that the following terms of agreement form an integral part of this agreement and that no variation or modification of this agreement shall be effective unless accepted by both Hummingbird Video Productions Limited and You, in writing and signed by the parties.
Before You and Hummingbird Video Productions Limited provide the Videography Services or carry out the initial consultation, You shall read the terms and conditions below.
Hummingbird Video Productions Limited shall document by way of Video (the “Video ”) your specified brief on the agreed day of filming.
In the event that You require any additional post processing to be undertaken (for example, in Premiere Pro or similar) then an additional fee may be levied which shall be agreed between the parties before any post processing work is undertaken.
You are responsible for collecting any products from Hummingbird Video Productions Limited or You accept liability for any delivery agents that must be used. Hummingbird Video Productions Limited shall provide you with high-resolution digital files. You are responsible for ensuring that the digital files are safely stored upon delivery or collection, and Hummingbird Video Productions Limited is under no obligation to store or maintain copies of the files. Hummingbird Video Productions Limited recommends that You store them in at least two different places.
2. Price and Payment
2.1 The total fee for providing the Videography Services is (charges at time of booking)
2.2 A booking fee of 20% of the total value of the package chosen (“booking fee”) shall be paid by You to Hummingbird Video Productions Limited on the date of the booking. The balance payable shall be paid by You to Hummingbird Video Productions Limited on delivery of the files.
2.3 When Hummingbird Video Productions Limited has received the booking fee from You the company will use all reasonable endeavours not undertake any further bookings on that day. In the unlikely event that Hummingbird Video Productions Limited is unable to provide the services described in this Agreement on the filming Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Hummingbird Video Productions Limited, meaning he is unable to fulfil the booking, a replacement videographer may be sent.
2.4 If payment is not made in accordance with the above clauses, Hummingbird Video Productions Limited reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
2.5 If payment is not made in accordance with the above clauses, Hummingbird Video Productions Limited reserves the right to cancel the booking without prejudice to any claims which may have arisen and may deduct such monies from the booking fee as he deems is appropriate to reimburse the Company for his time and expenses incurred up to the date of the withdrawal.
2.6 The responsibility of Hummingbird Video Productions Limited and any video processing, postal and delivery agents, assistants or employees, to compensate the client in the case of cancellation, negligence or breach of contract is limited to the total cost for the client of their booking only.
3.1 Where extra expenses or time are incurred by Hummingbird Video Productions Limited as a result of alterations to the original brief by You (for example, additional video edits are requested), You shall give approval to and be liable to pay such extra expenses or fees as agreed or estimated.
4.1 booking is considered firm as from the date of confirmation and accordingly Hummingbird Video Productions Limited will, at their discretion, charge a fee for cancellation or postponement (subject to the provisions of clause 2 above).
4.2 FORCE MAJEURE: Neither party is liable for failure to perform their obligations under this contract if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster). Neither party is entitled to terminate this Contract under Clause 4 (Cancellation) in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that they took reasonable steps to minimize delay or damages caused by foreseeable events, that they substantially fulfilled all non-excused obligations, and that they timely notified the other party of the likelihood or actual occurrence of an event described in Clause 4.2 (Force Majeure).
5.1 No use may be made of the Videos provided to You by Hummingbird Video Productions Limited before payment in full of the relevant invoice(s) without Hummingbird Video Productions Limited’s express permission.
5.2 Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
5.3 Hummingbird Video Productions Limited retains the right in all cases to use the Videos in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work.
Hummingbird Video Productions Limited shall keep confidential and will not disclose to any third parties or make use of material or information communicated to the Company in confidence for the purposes of the Videography Services, save as may be reasonably necessary to enable Hummingbird Video Productions Limited to carry out his obligations in relation to the Videography Services, the Videos.