Creative Radio

Terms & Conditions

1. DEFINITIONS:

In these terms and conditions (unless the context requires) the following expressions shall have the following meanings:-

a. "The Company" means Creative Radio Partnership Limited. Registered in England and Wales No 7444933. Registered Office: 35 Braemar Avenue, Chelmsford, Essex, CM2 9PW. Trading as Creative Radio.

b. "The Client" means the person, firm or company contracting for the services of the Company.

c. "Agreement" shall mean the form of engagement between the Company and the Client together with these terms and conditions.

2. ENGAGEMENT:

a. Upon issuing instructions, verbal or written in email form, the Client agrees to be bound by these terms and conditions which can only be modified by an agreement by both parties.

b. In the event of any conflict between the Company and the Client these terms and conditions shall prevail.

c. These terms and conditions shall continue to apply as between the Client and the Company where the Company is instructed by the Client to carry out further services for the Client.

3. REMUNERATION:

a. Production and Research - Subject to prior approval of estimated costs by the Client all production and research costs will be charged to the Client at the net cost to the Company.

b. Out of Pocket Expenses - Subject to prior approval the Client agrees to reimburse to the Company any normal out of pocket expenses incurred by the Company in the production of the audio project. These expenses include, but shall not be limited to, long distance telephone and faxes, messenger and any freight services fees for hard copies of project.

c. Fee - The Company’s fee will be as per the quotation.

4. TERMS OF PAYMENT:

Invoices in respect of the audio work are due for immediate payment through the company accredited Pay Pal account. This payment is normally due before work is undertaken but after script approval.

5. VAT:

The Company is not registered for VAt. Clients will be responsible for any tax implication in their country of origin and the Company shall not be liable for any import or purchase tax.

6. COMPANY’S WARRANTIES:

The Company hereby warrants that the services it provides shall be in accordance with the first class standards appertaining to the audio production industry.

7. CLIENT WARRANTIES:

The Clientwarrants and undertakes that:

a. The facts given about its products or services shall be accurate and in no way misleading.

b. The Client is the legal and beneficial owner of all contributions made by the Client to the audio project and/or has obtained all the necessary licenses, release or consents and the use of any such contributions shall not infringe the copyright or any other rights of any person, firm, company either in the UK or the Clients country of origin.

c. The Company shall not be required to include in the project any matter which is an infringement of copyright or any other right of any third party or is defamatory or is obscene or will expose the Company to criminal or civil proceedings.

d. The Company shall be fully indemnified by the Client from and against all actions, proceedings, claims, demands and costs (including legal costs of the Company on a solicitor and own client basis) awards and damages arising out of the breach by the Client of its warranties hereunder.

8. CONFIDENTIAL INFORMATION:

The Company hereby acknowledges its responsibility during the period of the Agreement to treat in complete confidence all marketing and sales information and statistics which may be supplied by the Client to the Company in the course of the Agreement.

9. NO LIABILITY:

a. The Company shall not be liable to the Client under any circumstances in respect of any claim for any loss of profits or other indirect consequences, whether arising from negligence, breach of contract or howsoever.

b. The Company shall not be liable for any delay in, or omission of, transmission or any error in any audio project or publicity or promotional material prepared by the Company in the absence of any act, default or negligence on the part of the Company which may have caused the same.

10. COPYRIGHT:

a. Subject to 9(b) the entire copyright, moral right and all other rights, title and interest in and to the product of the services of the Company made under this Agreement shall normally vest and be the absolute property of the Company throughout the world for the full period of copyright, normally five years and any extensions or renewals. Clients may own entire copyright, moral and all other rights subject to mutual negotiation.

b. The Company’s rights pursuant to 11(a) above shall be subject to any rights of any nature (included but not limited to copyright and moral rights) in and to any of the product of the services, which shall vest in and/or may be retained by the Client or any third party rendering or making goods, materials, services or rights in connection with or otherwise engaged in or contributing in any way to the production of such work.

c. It is the Client’s responsibility to ensure that:

i All material supplied by the Client to be incorporated in any audio project does not infringe the copyright or any other rights of any third party; and
ii Where the copyright is not owned by the Client a licence to use the relevant material has been obtained; and
iii All necessary consents and releases in relation to such material have been obtained.

d. The Company includes up to 5 years usage of any audio project subject to the clauses above.

11. FORCE MAJEURE:

In the event that this Agreement cannot be performed or its obligation fulfilled for any reason beyond the reasonable control of either party including war, industrial action, floods, act of God then such non-performance or failure to fulfil its obligations shall be deemed not to be a breach of the Agreement. In the event that this Agreement cannot be performed or its obligations fulfilled for any reason beyond either party’s reasonable control for a continuous period of three months then either party may, at its discretion, terminate the Agreement by notice in writing at the end of that period.

12. SUSPENSION/DETERMINATION:

The Company shall be entitled by 14 days written notice by email to the Client to determine or suspend the Agreement if the Company shall have been prevented from performing the services by injury, mental or physical disability or otherwise and the Client shall have no claim against the Company whatsoever in respect of any such suspension or determination.

13. NOTICES:

Notices under this Agreement may be sent by email and a confirmation of received email will be sent to the Client.

14. SEVERABILITY:

If any provision of this Agreement shall be prohibited by or adjudged by a Court either in the UK or the Client’s country of origin, to be unlawful or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances of the validity or enforcement of this Agreement.

16. WAIVER:

No failure of delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy.

17. NO PARTNERSHIP:

This Agreement shall not be deemed to constitute a partnership, or joint venture or contract or employment between the parties.

18. GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the Law of England and Wales the Courts of which shall be competent jurisdiction subject to clause 14.

Nothing herein shall be taken to imply that any further service shall be required to be performed by the Company hereunder

All costs and prices exclude UK VAT. VAT will not be added if client is outside the United Kingdom.