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TERMS & CONDITIONS

TERMS AND CONDITIONS 

We will always do our utmost to fulfil your requests and meet your brief and deadlines, but sometimes it is best to have a few things written down so that we all know what will happen if, in the very unlikely event, things don't go as smoothly as we would like. 

Parties and Definitions 

When we say ‘we’, ‘us’ or ‘our’ in these Terms, we mean Hello Props whose registered office (and principal place of business) is at Engravers House, 35 Wick Road, Teddington, Middlesex, TW11 9DN and in doing so, we include all of our employees, officers and others connected with the operation of the company. 

When we refer to ‘you’, we mean the person or entity, i.e. an individual, a commissioning Production Company or member of the production art department which, in respect of your obligations, includes any associated or affiliated companies and/or persons. 

‘Artwork’ means all creative output: prop making, model making, illustration, graphic props and all other items created and supplied by us. 

Background 

1. We specialise in creating props which have been commissioned by production companies for use in the filming of commercials, feature films and television programmes. We have many years of experience and the abilities to perform the services you require of us, and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all deadlines set, but we can not be held responsible for a missed deadline if a brief has been submitted too late, or artwork has not been approved or signed off in good time. 

2. All artwork commissioned by you and supplied by us is done so on the understanding that you have read, understood and fully agree to the Terms as presented here. 

Artwork Copyright and Clearance 

3. All artwork, commissioned by you and undertaken by us will be done so in accordance with the U.K. Copyright Law and Intellectual Property Rights Law, unless a prior contractual arrangement has been approved and signed before we commence the work. 

4. Artwork and goods created and supplied by us will be done so with the understanding that we grant to you a single, non-exclusive licence to use the item or items for the sole purposes of filming of the programme, commercial or feature film you are producing. The props will only appear in front of camera or added in post production for inclusion in the action. Use of the artwork for any other purpose will only be allowed if a specific contractual arrangement has been approved and signed beforehand. 

5. We do not offer a copyright clearance or negative checking service of any kind. 

6. If you provided us with material that we then incorporate into the artwork, it will be on the understanding that you have taken all the steps necessary to ensure that the items have passed all clearance checks, and that you have full permission to include the artwork and material in your production. Full responsibility for ensuring that all supplied artwork does not infringe any third party’s rights will reside solely with you. 

7. You shall indemnify us fully, and hold us harmless against all losses, liabilities, costs and expenses which you may incur in respect of any claim that the artwork or material so provided infringes a third party’s legal rights. Furthermore, in the event of a claim being made against you in respect of infringement of a third party’s legal rights in material which has been supplied by us, and incorporated in the artwork, then you agree to not seek to make any recovery of financial loss, nor bring any action or other third party proceedings against us in connection with such claim. 

8. Legal protection and appropriate registration of a design, name, mark or other material commissioned by you and developed by us is your sole responsibility and should be done promptly after final approval, to preserve such rights. 

9. Once the artwork has left our premises, we cannot be held responsible for any damage or loss that may occur en-route to your location. 

Your Property 

10. We will take all responsible steps to prevent loss or damage to any of your property while in our possession, however it will remain at all times the responsibility of yours to insure the property. In the absence of negligence on the part of us, no liability is accepted for any form of damage to or loss of your property. We will also maintain the confidentiality of any property or information that you give us in relation to the production of the artwork. 

 

Invoicing & Payment Terms 

11. Hello Props standard payment terms for services rendered are on a strict 30 day basis, i.e. payment is required 30 days form date of invoice. All goods and artwork remain the sole property of Hello Props until your account has been settled in full. 

When quoting for artwork and prop making, a reasonable amount of administration time, research and sourcing reference material for your project is included in the proposed fee. If the time taken to fulfil multiple quote requests, researching and sourcing reference material extends beyond the standard, reasonable time we would expect, we will charge an additional fee to cover this work. 

During the course of developing proposals and quotes, and the production of design and artwork, a reasonable amount of phone conversations and email exchange related to your project are included in our fee. If the time taken on the phone or exchanging multiple emails discussing your project extends beyond the standard, reasonable time we would expect, we will charge an additional fee to cover this time. 

On receipt of an order to design, make and construct props for your production, we will require a Purchase Order to be in place or advance payment to proceed with the work. If there is not a credit account already in place with Hello Props, a new customer credit account form will have to be completed and returned for us to proceed on a 30 day credit - invoice basis. If it is not possible, or not sufficient time to complete the form, we will then require payment in advance of commencing work. 

Our Website 

12. Content displayed on our website are presented "as is" without warranty of any kind, either express or implied, including without limitation, warranties of fitness for a particular purpose, and non-infringement. Hello Props does not make any warranties or representations as to the accuracy or completeness of the content of the website. We periodically change, improve and/or update the content without notice. Under no circumstances shall Hello Props be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from use of the website, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of the website is at a user's sole risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages, even if Hello Props has been advised of the possibility of such damages. 

13. Users of the website specifically acknowledge and agree that Hello Props is not liable for any conduct of any user. Neither Hello Props nor any of its agents, employees, information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of or use of any contents herein, regardless of cause, for any damages resulting therefrom. 

14. As a condition of use of this website, users agree to indemnify Hello Props from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out their use of this website, including without limitation any claims alleging facts that if true would constitute a breach by the user of these terms and conditions. If a user is dissatisfied with any material on the website or with any of terms and conditions of use of the website, his or her sole and exclusive remedy is to discontinue using the website. 

Links to third party web sites 

15. The website contains links to third-party websites. The linked sites are not under the control of Hello Props and Hello Props is not responsible for the content of any linked site or any link contained in a linked site. Hello Props provides these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked sites. 

You may contact us at info@helloprops.co.uk

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