Terms of Service
1. DEFINITIONS
The term “Company” shall mean Lullaby Media Limited.
The term “Client” shall mean the person, firm, agency or company to whom the purchase order/invoice is issued or who purchased the Products or Services from the Company. If the Client bought the Products or Services for someone else, that other person or entity is referred to as "Client" in this document. All payment obligations for the Products or Services, however, remain with the person or entity that originally purchased the Products or Services.
The term “Products or Services” shall mean any product or service that is provided by the Company to the Client.
The term “Contract” shall mean the agreement formed between the Client and the Company when an order is received from the Client. An order may be in written, verbal or electronic form.
2. SUPPLY OF PRODUCTS OR SERVICES
The Company agrees to supply the products or services to the Client as detailed in the Order/Invoice and according to this Terms of Service.
3. RIGHTS RESERVED
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Client accepts these terms and conditions.
4. PAYMENT
All quotes are exclusive of VAT.
Quotes prepared by the Company are accurate at the date of issue; however, if additional requests are made by the client (such as props, a change of location to a venue outside Greater London) the Company will notify the Client in writing of any additional costs that might be incurred due to changes/additional work requested by the Client. These additional costs will need to be paid by the Client within 30 days from receiving an invoice for them.
The Client has the option of paying the full amount upfront, or paying a fixed amount in the following 3, 6 or 12 months. When paying the full amount, the payment is done 25% before the shoot once we've agreed the details with you and 75% at the conclusion of the job. We invoice you and the payment can be done via bank transfer. We ask you to make the payment within 14 days from getting the final invoice.
If you choose to use one of our payment plans, there is no 25% upfront payment, you just start paying monthly sums from the month you make the shoot booking. The payment plan monthly payment amounts are rounded up when dividing the full purchase amount with the number of payment plan months. Therefore, the payment plan total purchase amount might be £2 more than then single payment purchase amount. The 3, 6 and 12 month payment plan payments will be issued from your bank account automatically and will stop when the full amount has been paid at the end of each payment plan.
The payments are done either on our websites via a Stripe payment gateway or by a bank transfer if the Company sends the Client a personalised quote.
5. SHOOTING DATE BOOKING PROCEDURE
Clients who have purchased the Service with the Company's Christmas Sale discount offer can book their shoot for dates between Jan 10, 2022 and Nov 30, 2022. The last date for the Client to book their shoot is Nov 9, 2022.
The dates that the Client can book are available maximum 36 days in advance from the current date and the Client cannot book the following 5 days from the current date.
If the Client would like to book their date more than 36 days in the future or if they are not yet sure about a suitable shooting date, they can leave their contact details and set a preferred date to get a reminder on Lullaby Media's Christmas Sale booking page at https://gift.lullaby.media/scheduling
Available shooting dates are subject to the Company's availability and prior bookings. Therefore, not all days are available in the booking calendar for the Client.
In unforeseen circumstances, the Company and the Client reserve the right to reschedule a booked shoot date. That has to be done no less than 48 hours before the booked shoot date.
6. VIDEO EDITING AND FEEDBACK
The Company aims to deliver the first cut of the video to the Client within 7 days after the shooting date.
The Client is entitled to give feedback on the edit one time after receiving the first cut. The Company will then aim to make any achievable and reasonable edit changes within the following 4 days.
7. CANCELLATIONS AND REFUNDS
The Company is not obliged to refund any money paid by the Client for the Services if the Client decides to not do the shoot or misses the last available shooting date.
In the unlikely event of a health problem with the Client, the child the shoot is for, or their parent(s), the Company will discuss a potential rescheduling of the shoot with the Client or will issue a refund if the cancellation is due to no reasonable fault of the Client.
8. LATE PAYMENTS
The Company reserves the right to charge interest on invoices overdue at an annual rate of 8% above the Bank of England reference rate covering the six-month period in which the invoice became due.
9. LIABILITY
The Company accepts no liability for any loss or damage that may arise from the supply of the products or services. In the unlikely event of the Company being unable to supply the products or services as specified in the Order/Invoice, liability shall be limited to the total invoice/quote value – or monies already paid by the Client. The Company will not be liable to provide replacement services.
10. CARE AND DAMAGE TO CLIENT PROPERTY
Whilst every care is taken in the handling of the Client’s property, the Company accepts no responsibility whatsoever for any loss or damage due to unforeseen circumstances whilst in the custody of the Company. 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.
11. FILMING PERMITS AND INCLUSION OF COPYRIGHT MATERIAL
The Client will ensure that permission is sought for the inclusion of any copyrighted material they supply to the Company to enable them to deliver the products or services.
The Client agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Client.
The Client will ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying products or services.
12. HEALTH & SAFETY
The Company reserves the right not to film in dangerous or unsafe situations. The Company and Client will observe current Health & Safety regulations and have due consideration for the safety and welfare of staff, the general public and anyone involved with the shoot.
13. COPYRIGHT
All video footage shot by the Company remains property and copyright of Lullaby Media Limited.
The Client can request the Company a copy of the raw footage. There is a pre-agreed rate of £200 payable by the Client to the Company for the transfer of each hour of raw footage. The pre-agreed fee entitles the Client to receive the material via WeTransfer or equivalent online file sharing system or via Royal Mail depending on the amount of footage.
The Company reserves the right to display all or parts of the Clients’ video on the Company’s website and social media platforms, marketing images, videos and ads, unless otherwise agreed before the shoot.
15. CONFIDENTIALITY
Unless otherwise agreed the Company will treat any information gained during the supply of the products or services as being private and confidential. Likewise, the Client shall keep confidential any methods or technology used by the Company to supply the products or services.
16. DISCOUNT CODES
Only one discount code can be used for our services. If you have several different discount codes, the larger discount applies.
17. GOVERNING LAW
These Terms of Service and any accompanying letter and/or contract are governed by the laws of the United Kingdom.