1): Introduction: A contract is formed between a customer (referred to as the “customer”) and HUB Media Company (referred to as “HMC”) when an order is received from the customer. An order may be in written, verbal or electronic form. The product or service shall mean any product or service that is provided by HMC to the customer. 2) As Is: Hub Media Company’s (HMC) listing video’s products, while customized, are designed for 48-72 hour turnaround and therefore are considered “as is” products, available under our flat rate structure. All other products through HMC, subdivision and community videos, green screen, screen cast are custom projects, and require a separate proposal of services. 3) Supply: HMC agrees to supply the product(s) or service(s) to the customer as detailed in the order and according to the terms and conditions of this contract. 4) Payment: HMC shall issue an invoice to the customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. HMC reserves the right to charge interest on overdue amounts at an annual rate of 5% above the Lloyds TSB Bank base rate ruling on the date payment is due. 5) Liability: HMC accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of HMC being unable to supply the product(s) or service(s) as specified in the order, liability shall be limited to the total invoice value – or monies already paid by the customer 6) Copyright: Unless otherwise stated, HMC retains copyright in all their original material. As the client you have a permanent non-transferable license to use the media for MLS, web and print for your marketing. This does not apply or extend to anyone else. Should anyone other than you wish to use the photos for other publications/websites please have them contact our offices or the photographer/videographer directly. Original material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the customer in relation to the order. The customer must ensure that permission is sought for the inclusion of any copyright material they supply to HMC to enable them to deliver the product(s) or service(s). The customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. HMC retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the order. Material can never be sold or transferred to any 3rd party without prior written permission from HMC. The customer agrees to indemnify HMC in the event of any breach of copyright claims being brought against HMC in respect of material supplied by the customer. 7) Care and Damage to Client Property: While every care is taken in the handling of the customer’s property, HMC accepts no responsibility whatsoever for any loss or damage, however caused, or any other loss by unforeseen circumstances while they are in the custody of HMC. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content. 8) Right of Assignment: HMC retains the right to assign the supply and/or production of the product(s) or service(s) to the customer to another suitable company should they be unable to complete these terms and conditions. 9) Confidentiality: Unless otherwise agreed HMC will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the customer shall keep confidential any methodologies and technology used by HMC to supply the product(s) or service(s).
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