CREATIVE BONE LIMITED – TERMS AND CONDITIONS OF TRADING
Regardless of booking method any work carried out by Creative Bone Limited will be subject to these terms and conditions
regardless of circumstance.
(i) Creative Bone are engaged in the business of providing certain facilities and services including:-
a) The making, recording and copying of any type of motion and still media. The provision of facilities in connection
with motion media production, web authoring, postproduction and DVD duplication.
b) The provision of the services of suitably qualified employees in connection with the above.
Creative Bone provide facilities and services including (but not limited to) those specified above on the basis of these
Conditions which shall apply to all bookings, however made or accepted, shall form part of every contract between a
customer and Creative Bone, and shall prevail over any terms and conditions contained or referred to in any
communication from the customer, except insofar as otherwise expressly agreed in writing by a Director of
Creative Bone Limited.
(ii) Creative Bone Limited’s responsibility is restricted to the supply of the facilities and services. In particular unless otherwise
agreed, Creative Bone Limited’s responsibility does not extend to any matter normally falling within the province of a director,
agency or producer of any material or content. The customer is responsible for ensuring that any media material is
correct, operationally sound and complete in all respects as regards both form and content before use is made thereof
or the same is removed from Creative Bone Limited’s premises.
(iii) Where Creative Bone Limited agrees to provide additional services and facilities including the services of a producer or director
or production crew the respective rights and obligations of Creative Bone Limited toward the customer will be changed to suit the
2. Bookings and Cancellations
(i) Bookings may be made verbally (including by telephone) or in writing (including e-mail). Every booking made shall be
subject to these conditions of trading and the facilities and services shall be provided at the rates specified in
Condition 4 below (“the agreed rates”).
a) If notice of cancellation of a booking is received by Creative Bone Limited less than two working days prior to the scheduled
start time, the customer shall pay Creative Bone Limited a cancellation fee equivalent to the rates payable for all facilities and
services booked, regardless of whether any facilities or services had been rendered in respect of the project. For the
purpose of this sub-paragraph the scheduled start time will be the hour at which the provision of the facilities and
services is first scheduled by Creative Bone Limited to commence.
b) In addition to any cancellation charge under sub-paragraph (a) above, Creative Bone Limited shall in the event of cancellation of
the booking (whenever occurring) be entitled to reimbursement by the customer for any amounts payable to subcontractor
or third parties in connection with the booking together with any handling charge or costs incurred by
Creative Bone Limited as Creative Bone Limited may see fit to charge.
c) Where a client or Creative Bone Limited sets a specific deadline for provision of facilities or services it is the customers sole
responsibility to ensure all approvals are completed in good time to meet the deadlines.
d) Any customer who fails to meet to deadlines or approval deadlines will incur the costs of overtime required for
Creative Bone Limited to complete the project changes.
(iii) Should Creative Bone Limited feel the client has not requested the correct services or has forfeited the instruction from
Creative Bone Limited of specific services required to correctly complete the project this remains the liability of the client.
(iv) Creative Bone Limited shall not be liable for any costs required for additional services to be rendered in order to complete the
project to a satisfactory level if a client incorrectly books services with Creative Bone Limited.
3. Customer’s Warranty
(i) Where Creative Bone Limited create or copy media containing film or videotape material provided by the customer the
a) that any copy made by Creative Bone Limited of media will not infringe any copyright or trademark or other proprietary right or
interest of any third party;
b) that the material does not contain any matter defamatory of any person;
c) that the material is not offensive or obscene;
d) that the copying of the material is not illegal or tortuous or otherwise gives rise to any liability on the part of the
customer or Creative Bone Limited.
(ii) The customer warrants that it has or has obtained all rights, licenses, permissions or consents necessary for the
facilities or services required to be provided to it by Creative Bone Limited. Written proof is requested in such circumanstances.
(iii) Creative Bone Limited expressly reserves the right in its sole discretion and without prejudice to its other rights to refuse to
supply facilities and services to the customer if it is discovered that any of the matters the subject of this warranty
have occurred or Creative Bone Limited has reasonable grounds to suspect that any such matter is likely to occur and in such
circumstances the refusal to supply or any cancellation of any booking consequent thereon shall be treated as a
cancellation of a booking by the customer for the purposes of Condition 2 above and the customer will become liable
for payment of all services booked regardless of whether they were received.
(i) Subject to the further provisions contained in this condition 4 the customer shall pay for the facilities and services
supplied to it at the rate set out in Creative Bone Limited’s current price list together with any Value Added Tax.
(ii) In certain circumstances the rates set out in Creative Bone Limited’s current price list may be subject to adjustment as
a) If an agreement is reached between Creative Bone Limited and the customer to vary Creative Bone Limited’s current price list at the time
the booking is made or subsequently (written confirmation from Creative Bone Limited must be received by the customer and the
customer must present this with any payments).
b) If at any time between the acceptance of a booking and its execution the charges of any sub-contractor engaged by
Creative Bone Limited to supply any of the facilities and services shall be increased the amount payable by the customer shall be
increased by an equivalent amount.
c) If the facilities and services are provided by the Creative Bone Limited outside the normal working hours, the customer shall
have to pay in additional to the Creative Bone daily rate at Creative Bone Limited’s hourly rate together with Value Added Tax
thereon at the rates for the time being charged by Creative Bone Limited for such provision.
d) All rates agreed by Creative Bone Limited are only valued for 30 days from any quotation made by Creative Bone Limited for the
e) If Creative Bone Limited in its sole discretion considers this necessary to take account of any unusual or special circumstances
this can be taken without any written notice to the customer.
a) A customer who has established a credit account with Creative Bone Limited shall pay the full amount of any invoice in respect
of the agreed rates, overtime hourly rates, expenses and the charges and costs referred to in Condition 6 below
(together with all VAT thereon) within 30 days of the invoice date without any deduction unless returned with written
instruction from Creative Bone Limited instructing such modifications to the invoice amount or repayment duration.
b) A customer who does not have an established credit account with Creative Bone Limited shall pay the full amount of any
invoice prior to the provisions of facilities and services without any deduction or deferment in respect of any disputes
c) Where full payment is not received by Creative Bone Limited before or on the date due, interest shall accrue on the sum
outstanding at the rate of 10% per month, without prejudice to Creative Bone to receive payment on the due date. The
customer shall reimburse Creative Bone Limited for any costs incurred in the course of recovering late payment.
d) Creative Bone Limited reserves the right to withdraw credit facilities at any time without notice if any amounts due to
Creative Bone Limited remain unpaid beyond the due date. In such circumstances the customer shall be treated as not having an
established credit account and the provisions of Condition 4 iii b) above shall apply.
5. Media, usage and storage etc.
(i) Creative Bone Limited are not liable for the loss or damage of material or property kept on Creative Bone Limited’s premises or in transport
from a location to Creative Bone Limited or other location while left in trust with Creative Bone Limited; regardless of circumstance
(ii) If the customer requests in writing that any materials supplied to Creative Bone Limited be insured against loss, damage, fire,
theft and flooding, they should inform Creative Bone Limited of the period for which the material should be insured and to what
value including any information that will affect a suitable policy of insurance through Creative Bone Limited’s insurers.
Creative Bone Limited shall not be liable for any failure to affect such a policy of insurance nor for the sufficiency of any policy
arranged either as regards to the risks insured against or the amount covered.
Unless the customer makes such a request and such a policy of insurance is arranged the value of the film, videotape
or similar material shall not be deemed in any way the responsibility of Creative Bone Limited without any account being taken of
the intellectual value of the material recorded thereon.
If such a policy is arranged then Creative Bone Limited will hold the proceeds thereof in respect of any loss or damage to the
material insured for the benefit of the customer in respect of such loss or damage.
The customer shall reimburse Creative Bone Limited for any cost including any handling charge, administration and insurance
costs appropriate that are incurred by Creative Bone Limited in effecting any such policy of insurance.
(iii) The making and reproduction of material may involve the use of material belonging to the Customer or Creative Bone Limited,
all at the discretion of Creative Bone Limited.
(iv) Upon the completion of services for the customer by Creative Bone Limitedall media used to create the output material will
be returned to the customer and becomes their sole responsibility. Any material not collected within one month of the
completion of the project will accrue a storage charge. Creative Bone Limited do not keep any tape copies of any work,
Creative Bone Limited do though back-up some projects onto digital drive storage on the specific request of the client. Recovery
of these backups as and where they have been made is done at the cost of the client.
a) Property in any material belonging to Creative Bone Limited shall remain the property of Creative Bone Limited as legal and equitable
owner and will not pass to the customer. With this responsibility Creative Bone Limited will create back-up versions of all output
and at the instruction and cost of the customer and will also backup all the material used to create the output at the
stated Creative Bone Limited archiving rate together with Value Added Tax.
b) Creative Bone Limited shall also be entitled to restrict the customer by way of an injunction from using or dealing with any
such material in any manner until the full payment as aforesaid has been received by Creative Bone Limited.
(vi) Creative Bone Limited shall have a general lien upon all tapes and other goods of the customer in the possession of
Creative Bone Limited up until the full payment for services and facilities supplied by Creative Bone Limited.
(vii) All media created or edited by Creative Bone Limited is done so on a usage limitation of one year unless specifically stated
6. Exemption and Limitation of Liability
(i) All implied conditions and warranties, statutory or otherwise are hereby excluded.
(ii) Creative Bone Limited shall not in any way be liable to the customer if it shall be unable to provide any of the facilities or
services as a result of any circumstances whatsoever outside the control of Creative Bone Limited; this includes where
Creative Bone Limited could have supplied the correct facilities but has not been booked to do so.
(iii) In the event of the defective working stoppage or a breakdown of any equipment hired to the customer or in the
event of any other failure by Creative Bone Limited to perform its obligations hereunder due to circumstances within its control,
Creative Bone Limited will use its best endeavours to remedy the situation without delay. Save as aforesaid Creative Bone Limited shall be
under no liability whatsoever in respect of such breakdown, stoppage or defective working or other failure to perform
(iv) Creative Bone Limited shall not be liable for any loss of or damage to any property of the customer howsoever arising,
whether or not the same is caused by negligence of Creative Bone Limited or its servants, agents or subcontractors or other
persons for whom Creative Bone Limited is vicariously liable.
(iv) Creative Bone Limited aggregate liability (if any) to the customer whether for negligence, breach of contract,
misrepresentation or otherwise shall in no circumstances exceed the total of the agreed rates (adjusted where
appropriate) and in no circumstances shall Creative Bone Limited be liable for any loss, damage or injury direct or indirect resulting
from defective material, faulty workmanship ort otherwise howsoever arising and whether or not caused by the
negligence of Creative Bone Limited, its servants or contractors or agents save that Creative Bone Limited shall accept liability for death or
personal injury caused by the negligence of Creative Bone Limited.
7. Indemnities by Customer
(i) The customer shall fully indemnity Creative Bone Limited or (where relevant) its sub-contractors from and against all actions,
proceedings, claims, demands, damages, fees, costs, losses and expenses or other liabilities whatsoever made against
or incurred or suffered by Creative Bone Limited by reason of or in respect of: –
a) Any infringement of copyright or trademark or any passing off or any other infringement of or interference with any
proprietary right or interest of any third party or any liability for defamation or obscenity arising out of any materials
made or reproduced by or on behalf of the customer or any other of the facilities and services provided by Creative Bone Limited
for the customer
b) Any breach by the customer of any of these Conditions
c) Any personal injury or death or loss or damage to property caused by or arising out of or in connection with the use
by the customer, its servants, agents or sub-contractors for the purpose of or in connection with the provision
hereunder of facilities or services by Creative Bone Limited except where the same is attributable to the negligence or breach of
contract of Creative Bone or its servants, agents or sub-contractors.
(ii) The customer shall fully indemnify Creative Bone Limited or (where relevant) its sub-contractor for any loss of or damage to
any equipment belonging to or hired out by Creative Bone Limited or its sub-contractor caused by or arising out of or in
connection with the use thereof by the customer, whether or not the same is attributable to any negligence or breach
of contract by the customer with the exception of fair wear and tear.
(iii) No equipment may be removed by the customer from Creative Bone Limited’s premises without express consent of
Creative Bone Limited in writing.
(iv) For the purpose of this condition Creative Bone Limited contracts for itself and as trustee for its sub-contractors.
8. Credits and use of Material by Creative Bone Limited.
(i) The customer shall ensure that appropriate screen credits are given in respect of the facilities and services supplied
by Creative Bone Limited unless specifically requested by Creative Bone Limited.
(ii) In consideration of the supply of the facilities and services to the customer by Creative Bone Limited the customer hereby
grants Creative Bone Limited the right to utilise such part or parts of the materials produced by or in connection with the supply
of the facilities and services by Creative Bone Limited for the customer as Creative Bone Limited may in sole discretion consider necessary
desirable for its own advertising and promotional purposes.
If the customer shall make default in or commit a breach of any contract with or any other of his obligations to
Creative Bone Limited, or if any distress or execution shall be levied upon the customer’s property or assets, or if the customer
shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy shall be
presented or made against him/her, or if the customer is a limited company and any resolution or petition to wind up
such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented,
or if a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed or if any
circumstances or events shall occur which in Creative Bone Limited’s opinion indicate that it is likely that any of the foregoing
may occur or that the customer may not perform its obligations under any contract with Creative Bone Limited. Creative Bone Limited shall
have the right without prejudice to any other claim, right or remedy forthwith to terminate in whole or in part any
contract(s) then subsisting. Creative Bone Limited may exercise such right to terminate upon notice of such termination being
posted or delivered by hand to the customer’s last known address or sent by email to the suitable electronic address.
Notices sent by either format (writing or email) will be given seven days after despatch or any part thereof shall be
deemed to have been so terminated. Creative Bone Limited shall be entitled to payment in respect of the facilities and services
rendered prior to such termination and/or declare immediately due and payable any account and/or withdraw the
customer’s right to credit or shorten the applicable credit period and/or repossess any films, videotapes or other such
material or equipment belonging to Creative Bone Limited in the possession of the customer and for this purpose enter upon
premises of the customer and Creative Bone Limited reserves the right at its election to call upon the customer and the customer
agrees to assign to Creative Bone Limited any and all copyright in any materials recorded on the medium pursuant to these
conditions of trading or to grant to Creative Bone Limited full right title and license to use such material for such purposes as
Creative Bone Limited shall deem fit.
Creative Bone Limited shall be entitled to procure the performance of the whole or any part of any contract with the customer by
11. Proper Law and Jurisdiction
These conditions shall be read and construed in accordance with the laws of England and the customer agrees to
submit to the jurisdiction of the English courts. The rights of Creative Bon Limitede hereunder shall be additional to any rights
arising at common law or otherwise.
Creative Bone Limited
telephone : +44 (0)208 1331575 . e-mail : email@example.com . www.creativebone.co.uk