BUSINESS TERMS AND CONDITIONS

1) Who KB Productions are

KB Productions is a under a sole trader legal structure with Kate Barker as the director. We follow relevant procedure concerning all aspects of our filming and business. We provide many different services catering for a range of people's requirements and are always happy to discuss new ideas. We value every customer and endeavour to provide the best service possible to ensure smooth running for all involved parties. Each project is discussed and arranged in detail to ensure good communication of our services and our customer's wants and needs. It's important to us to ensure that customers go away happy with their product, so we usually ask for feedback to check this is the case and look for possible improvements.

2) Scope

These Standard Terms apply to the supply of all products and services by KB Productions.

3) Adequacy of instructions

We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.

4) Goods and services offered

Information about the service provided is displayed throughout the website. Due to the type of service being provided we are unable to give exact specifics on all services but have given an idea of what is available. If you have any queries please get in contact.

5) Cancellation

The customer has the right to cancel within seven working days and receive a full refund. This period runs from the day the contract was confirmed by email. If the service is to commence before seven working days of the contracts conclusion then cancellation must be made at least 24 hours before it is due to start to receive a refund or not have to pay.

Contact must be made with the individual providing the service to ensure they know 24 hours in advance of the service start time. Every effort must be made to relay a cancellation and if messages are left we may not accept them as the time of cancellation. We will endeavour to regularly check for messages and understand that with the nature of our work it may be hard to contact us straight away. This will be taken into account with any cancellations made.

If the cancellation is within 24 hours of the service start time then full or part payment may be required. If the contract is concluded within the 24 hour period and then cancelled, a full or part payment may still be required even if the email confirmation has not been sent.

If other work has been turned down within the 7 days from your contract confirmation and it is due to your booking then we reserve the right to take part or full payment at any time of cancellation if we are unable to regain the work.

If you are to be refunded then the refund will be made within 30 days of the date the notice of cancellation is given.

6) Details of stages involved in the ordering process.

To place an order it must be discussed with us in person, via email or phone. The phone number provided is a mobile number so will be charged at your normal mobile phone calls rate. Once the service and product have been discussed and agreed you will be sent an email confirmation (stating what our arrangement is and with what you will be provided) which will be considered the contract between you and us. We would appreciate a return email of acceptance but if this is not provided then it in no way detracts from the sent email being an acceptance of the contract from both parties. You will also be sent confirmation emails of any payment we have received.

7) Information about the availability, delivery and dispatch of goods.

At no time do we agree to availability for providing a service or product until confirmation of contract is sent to the customer via email. An agreed time of the product completion will be arranged between customers and ourselves. We reserve the right to change the deadline due to technical, unforeseen and extraordinary circumstances. This will be discussed and rearranged with the customer to ensure all parties are aware of any changes.

The goods will be dispatched within a week of the completion date (unless otherwise agreed). Items will be posted (unless otherwise agreed) to the address provided by the customer. Should the package be too large to go through your letter box and not accepted by someone who is in, it will be sent to the local sorting office and usually held there for 10 days. At this point it is your responsibility to collect the goods and any problems that may occur are solely your responsibility. Should the package not be collected and is automatically returned to us, we are not obliged re-send the goods to you. We will endeavour to assist your receipt of the goods but the customer may incur extra charges.

Should anything happen to the goods in transit, we will provide new products to replace them. Claims for damage or partial delivery must be notified within 30 (thirty) days of delivery. Claims for complete loss of consignment must be notified within 30 (thirty) days of the date of the dispatch email sent to customer.

Although we make every effort to ensure smooth running of all our services there are possible problems that may occur. If we are unable to complete your product then we are not liable in any way but will of course give a refund. The Supplier has no liability for any loss of trade or profit occurring to the customer as a result of delay in delivery or delivery of incorrect or faulty goods.

8) Goods or services that are not available or are unsatisfactory.

At no time do we agree to being available to provide a service or product until confirmation is sent to the customer via email. If a service and product has been agreed by you and us and it is unsatisfactory then you will be entitled to a replacement or refund.

Due to the nature of the work, the idea of the product can be conceived in different ways. We will endeavour to explain the visual aspects of the product and show you examples where possible, however the items included in the email confirmation will be what the product is required to include. Subjective views will not be taken into account when the product does include points set out in the contract.

Unsatisfactory products will be accepted as unsatisfactory when not working, damaged on arrival or not including key features mentioned in the contract. Any payment by the customer to return goods that are unsatisfactory will be refunded.

9) Complaints procedure and policy on returning goods.

If you have any complaints regarding the service or product provided then please email us and we will respond to you and to try and resolve the issue. We appreciate feedback from our customers and always want to hear if you are not happy with our service and goods so that we might rectify the problem and improve our operations. Goods cannot be returned or refunded unless they are unsatisfactory. Please see above for our definition of "unsatisfactory".

10) Data Protection

The completed contract will be filed within KB Production's records and kept as a record for however long we see fit. Information may be taken from you during our time of contact to be able to fulfil the contract agreed. This might include your Name, address, email, phone number and any other personal details. Unless you opt-in so this information can be used to give you updates about us, we won't use it for our marketing purposes. All information will not be accessible to parties outside KB Productions.You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.

11) Language to be used for the conclusion of the contract.

English will be used at all times throughout the forming of the contract and the confirmation and conclusion of it.

12) Payment

50% payment is usually required on booking of services and products and the other 50% on arrival of KB Productions on the shoot day. The percentage taken may vary depending on the customers total to pay eg. larger amounts may have more flexible payment terms. Payment can currently be made by cash of cheque. Confirmation of payment will be sent via email and failure to pay may result in the services and products ordered not being provided. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

13) Liability

Except in respect of claims for death resulting from negligence or as otherwise prohibited by law, our liability for loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services under these Terms and Conditions shall not exceed the values of fees charged.

Save as precluded by law, we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with our services or these Terms and Conditions.

14) Copyright

All aspects of products- design, footage, text, graphics, applications, software, and all other aspects - are copyright KB Productions and its affiliates or content and technology providers.

In concluding a contract, you agree that any use is for personal (unless otherwise agreed), non-commercial reference only. No part of our products may be reproduced in any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission from KB Productions.

You must not:

• sell, rent or otherwise sub-license material;
• reproduce, duplicate, copy or otherwise exploit material for a commercial purpose (unless previously agreed)
• edit or otherwise modify any material.
• redistribute material.

15) Contributors

Consent from all contributors will be obtained to ensure filmed parties are happy to be included. The purpose of the film will be made clear to anyone involved. The wishes of anyone not wanting to be in the film will be respected.
Where large groups/ crowds of people are involved it may not be possible to gather everyone's permission. In this situation we will do our best to make it clear that filming is taking place (signs, announcement, etc) giving people the opportunity to withdraw consent.

16) Filming of minors

Where children under 16 are being filmed we will ensure parent/ guardian's permission is obtained. Any use of the footage will be checked with parent/ guardian's first. Kate Barker (director of KB Productions) has worked with children within and outside the filming profession and has a good record. Any people representing KB Productions will be reliable and trustworthy individuals who we accept as safe to work with minors. Any information received about a minor will be subject to our privacy policy stating that details won't be given to anyone outside KB Productions.

17) On Location

A risk assessment form is completed before the job to ensure that possible hazards are taken into account. Necessary questions will be asked before the filming to identify risks. Places where filming takes place will be informed of possible hazards that may occur through filming. Having assessed the risk, we will minimise it.
If filming in a place that is not owned by the person we are filming for, we will obtain a location agreement.
If filming in a public place the relevant authorities will be contacted to ensure permission is granted.

18) Equipment

Equipment used is bought and hired from reliable and recommended sources. Equipment is looked after so it is in good condition for use. Equipment is to be kept out of the way where possible whilst filming to reduce any possible hazards.

19) Changes to Terms

We reserve the right to make changes to these Terms from time to time. No variation to these terms and conditions shall be binding unless agreed in writing between the Supplier and the customer. Any waiver by the Supplier of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.

20) Jurisdiction

Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.