a) The Caledonian Television Company Ltd, (rights
holders) a Limited Company, registered at Edinburgh number SC411305
having its registered office for the service of papers only at; the
Caledonian Television Company Ltd, West Lothian. EH27 8AQ.
b) Mr Matt Quinn (Sole Trader) T/A The Caledonian Television Company™ and/or Caledonian TV™ and/or any other trading style or mark derived from the name of The Caledonian Television Company Ltd, under exclusive licence from The Caledonian Television Company Ltd
For the avoidance of doubt these are Trade Marks (™) in continuous use by us since October the 23rd 1986, all rights in them are reserved.
All enquiries must be made in writing to; email@example.com or by post to the registered office address.
Fake news, trolling and infantile attacks aren't, it seems, the exclusive reseve of politicans and celebrities. We have been the target of some of this activity ourselves! And it seems there is an element 'out there' which is infantilised enough to imagine that making baseless attacks on legitimate businesses is some way to 'get ahead'. - Some of these people are just stupid and uneducated, others are also known criminals! In recent years we've seen a massive increase in the amount of 'SPAM' emails, hacking attempts, internet scams, snake-oil salesmen, and more worrying, locally-based and conventional scams played out (at least in part) via the internet.
So. We do apologise to the majority - sane, sensible, honest adults - who really don't need these things spelled out for them. And we acknowledge that, much of what we've written by way of our terms of access to this site is enshrined in the law of the land anyway.
1) By accessing this internet site by any means or by any route you specifically warrant that you have read, understand and fully and without reservation accept these terms of access and that you enter into contract with us that you will adhere to in relation to these terms.
2) You may access and use this website, its contents or part thereof only for purposes that are all of peaceful, legitimate, without the intent of harm or malice or harassment or inconvenience directed against anyone or anything and wholly lawful with respect to the laws of Scotland, the United Kingdom, the territory from which you access the site and additionally such rules and regulations as may be imposed by your own internet service provider, telecommunication systems provider and any system upon which this internet site is hosted or transmitted.
3) You specifically agree and undertake that you will not, without the express written permission of the copyright owner copy, re-distribute, extract, store, reverse-engineer or otherwise manipulate any content, text, code, image, file, sound, video, or other component of this website in any way whatsoever for any purpose whatsoever except in so far as be necessary on a strictly temporary basis for the sole purposes of displaying viewing or hearing such material as intended by its author. You specifically agree that any such item so stored will be erased or disposed of from that storage facility immediately on terminating the program or session that necessitated its creation and that such items so stored will not themselves be copied, extracted reverse engineered or otherwise manipulated in any way. You further warrant that you will not cause or permit any such temporary files to be accessed directly or indirectly by any other means whatsoever.
4) You acknowledge and accept that any and all creative works accessible through this website which have been originated by Matt Quinn or The Caledonian Television Company Ltd or any agent under the commission of Matt Quinn or The Caledonian Television Company Ltd are the copyright property of Matt Quinn and that he and he alone is the sole proprietor of any and all intellectual property rights pertaining to this site and such component parts.
5) You further acknowledge cognisance of the fact that material which has not been originated by Matt Quinn or The Caledonian Television Company Ltd or any agent under the commission of Matt Quinn exists on this website under license from the copyright owner. You warrant cognisance of the fact and acknowledge that Matt Quinn, The Caledonian Television Company Ltd and any employee or agent thereof can and will be held harmless and co-operate fully with any legitimate investigation and bear due witness to any breach of such copyright owner's rights.
6) You warrant cognisance of the fact and acknowledge fully that each and every component of this website which is located or stored in any place or in any form whatsoever, whether virtual or real, transmitted or disseminated by any means or copied in any way whatsoever without the express written permission of the copyright owner shall constitute a breach of the owner's intellectual property rights.
7) You warrant cognisance of the fact and acknowledge fully that for each and every breach of the owner's intellectual property rights the copyright owner shall be fully entitled without prejudice to any other right or remedy to enforce a retrospective license fee of thirty five thousand pounds sterling for each and every item for each and every calendar year or part of a year in which such a breech occurred or does occur. Grant of such a license shall not prejudice any other right or remedy of the copyright owner that may exist either under the laws of Scotland, the United Kingdom or any other territory. Grant of such a licence will not oblige or imply the copyright holder to extend or renew that licence for any other period. Additionally you warrant cognisance of the fact and acknowledge fully that the copyright owner shall be entitled to recover from you each and every item of expenditure necessary to enforce such a license fee.
8) You warrant cognisance of the fact and acknowledge fully that the minimum commercial value of each and every original text, photograph, video clip or other item of intellectual property originated by Matt Quinn/The Caledonian Television Company Ltd in respect of a one year, single instance, non-exclusive licence, is thirty five thousand pounds sterling, as of June 1st 2010, and that this figure may be reviewed upwards on a daily basis in line with inflation and/or such other commercial factors as may affect its value.
9) You warrant cognisance of the fact and acknowledge fully that any and all individual or time-limited offer to license any item of intellectual property at rate lower than its set commercial value as defined above is a discounted rate and shall in any way affect that set market value nor shall it prejudice any right to recover the full commercial value in respect of any breach of the intellectual property owner's rights.
Where you contact us, via email or telephone, we may record calls and/or retain emails for the purposes of security and/or transacting with you. For the avoidance of doubt, that means we will retain that data. We do not utilise or retain any kind of 'mailing list', although occasionally we may send material by post to individuals who appear in open, freely available, third-party directories or mailing lists. When we do so we make keep a note of who we have previously sent material out to for the express purposes of EXCLUDING them from future mailings - it is our intention and aim not to pester people with 'junk mail'. We do not pass contact details on to third parties without the express permission of contactees. The only exception we make to this is where the holder of a warrant card issued by a UK police force, a Court, or other agency which has the authority of the law of any part of the united Kingdom makes a request for such details or where this is necessary to progress some other legal matter.
The following terms of business are those under which we offer goods, services, carry out any and all other commercial activities, and on which all Company policies and procedures are based.
The terms "we", "us" "our" and "the company" in this document refer jointly, severally and interchangeably to Mr Matt Quinn (sole trader) and The Caledonian Television Company Ltd who are bound to a common set of values and conditions. The terms "you", "your" and "the client" refer to any person, group or entity that acts, may act, or enters into contract to obtain goods or services from Mr Matt Quinn and/or The Caledonian Television Company Ltd ("the company").
By commissioning, engaging or otherwise obtaining any kind of service, goods or items from Matt Quinn and/or The Caledonian Television Company Ltd, or attempting to do so, you enter into a contract, which may be written, verbal or implied, the terms of which acknowledge that you have read, fully understand and accept these terms and conditions of business.
The term "work" means the provision of goods or services of any kind by the company.
The term "rack rate" means the full undiscounted hourly rate published by the company in respect of goods and services.
The term "pre production" means the development of scripts, schedules or such other material or the carrying out of such activities as may be deemed necessary by the company to facilitate the acquisition of film, video, photographs or other audio visual material as may form the whole or part of a television programme.
The term "programme" means a television programme whether presented on tape, disc, or any other medium or by any delivery method or platform as may be appropriate. The terms "production" and/or "filming" mean the acquisition of film, video, photographs or other such audio visual material as may form the whole or part of a television programme.
The term "post production" means the manipulation of film, video, photographs or other such audio visual material as may form the whole or part of a television programme.
1) You are dealing with the company trading as Caledonian Television, The Caledonian Television Company, Caledonian TV Ltd or such variations of these trading styles or additional trading styles as we may deem appropriate to adopt at any time, these. For the avoidance of doubt these are trading styles we have had in continuous use since October the 23rd 1986.
2) The Caledonian Television Company Ltd is registered in Scotland. No. SC411305 and has its registered office at 15a, EH27 8AQ. Mr Matt Quinn is a sole trader who may also be contacted for service and administrative purposes at that address.
3) All agreements and representations entered into by us are made under Scots law and you agree that in the event of any dispute the courts of Scotland shall have absolute authority precedence and superiority over those of any other territory with respect to any interaction entered into with us. You further agree that these terms and conditions shall have absolute precedence and superiority over any other in relation to any interaction between the company and any other party.
4) The managing director of The Caledonian Television Company Ltd is Matt Quinn. He has the sole authority to grant indulgence or authorise any variance to either our general terms of business or any other agreement we may have entered into. No such variance will stand unless entered into in writing and signed personally by the Managing Director.
5) The company does not provide production services to private individuals although, for clarity, it does provide service to sole traders without further formality than presentation as such. All transaction are deemed to be on a 'business to business' basis under these terms and conditions and by placing an order with us you warrant that you are a business or professional buyer of our services and fully accept our terms and conditions of trade.
6) No work will be done nor services provided or progressed unless all deposits and required stage payments are in place by the due dates. Where a stage payment becomes overdue the company reserve the right to immediately halt any work in progress and hold the client fully liable for any and all work done and/or expenses accrued to that date at full rack rate.
7) Prior to the commencement of any pre-production or other preliminary work a sum equal to 25% of the projected invoice must be paid as a deposit. By lodging a deposit with us you enter into a contract the terms of which acknowledge and accept these terms of business.
8) On completion of any pre-production or other preliminary work, and on acceptance of our proposals for production and in any case at least 21days before the commencement of any production work a stage payment equal to a further 25% of the projected invoice together with the cost of all projected third-party fees, projected accommodation costs, extraordinary travel costs and other projected outlays must be lodged with us.
9) For the avoidance of doubt, conditions 7) and 8) mean that (as is common industry practice) a cumulative deposit of 50% is required BEFORE filming will actually take place. In the event that filming is required to proceed at short notice (less than 42 days) and/or the projected invoice is very small (under £3500) we may require a 50% deposit (plus third-party fees etc) to be lodged as a single payment which shall have the same contractual effects as the split payment.
10) The company's fees shall be exclusive of disbursements and expense items related to the agreed programme which will be invoiced to the client on the relevant project, or separately as necessary and circumstances dictate.
11) Client requirements must be clearly provided in writing before commencement of work and subject only to one set of minor alterations thereafter. Key documents outlining these requirements shall include as a minimum, but may not be limited to… i) A Project specification forming the Project Initiation Document (PID) taking the form of a 'programme treatment' which is signed by the client or their representative, and so-endorsed forms the project initiation document in terms of being the basis of contract in accord with these terms and conditions. ii) A formal shooting script in an approved format coupled to a shooting schedule to be made available and approved and agreed by both the client and the company prior to filming. iii) A shot-by-shot edit script in an approved format which defines the final form of the programme. The technical requirements, formatting and production of these key documents shall generally be the responsibility of the company. Where such material is suplied or created by any other party it must conform to or be entirely compatible with with the technical requirements and formatting approved by the company. For the avoidance of doubt, "approved" means approved by the company. Where a non-compliant document requires to be conformed, that work shall be charged at our normal administrative rates. iv) The client must make themselves and/or any contributors to the programme reasonably available and responsive to questions and requests for information via email, telephone or in person in relation to the programme. For the avoidance of doubt this means that a response to any query must be met within 36 hours during the working week that being deemed as Monday to Friday. Major alterations or additions to a project, not agreed prior to the commencement of work, or not included in the initial estimates or agreements must be made subject to a further written agreement and where necessary additional charges.
12) For the avoidance of doubt, all work is initially priced and calculated at our published rack rate. Discounts are then applied on the strict condition and understanding that all deposits, stage payments and due final payments are made on time and as invoiced. Clients are requested to make particular note of the following: i) The company does not offer any form of credit terms, invoices are due and payable on presentation. ii) The company makes NO provision for obfuscatious or obstructive payment procedures within any organisation. - Specifically we do NOT provide for 'payment cycles', cheques getting 'lost in the post' 'missing signatories' or any other delaying or obstructive practices. iii) In the event of any payment becoming overdue the company reserves the right to withdraw all discounts and the invoice shall stand due at full undiscounted rack rate. For the avoidance of doubt, is the invoice is passed to debt collectors or courts, the amount pursued shall be at rack rate. iv) If payment is not received within 28 days of the invoice date, the company may charge interest at a rate of 8% per annum, which will be added to the account together with administrative charges at full published rack rate..
13) Legal rights under current copyright legislation to utilise a completed programme, and non-watermarked versions of a programme will only be released by the company once the client has rendered all payments due to the company.
14) A client may fully or partially terminate the contract at any time by giving fourteen days written notice of termination. The company may terminate an agreement immediately in the event of any breach of these terms and conditions, unreasonable action on the part of the client or the insolvency of the client. - Clients are cautioned that 'partial termination' will for example include, but not be limited to, cancelling or altering arangements for scheduled filming at short notice.
15) When a contract terminates (either fully or partially) under condition 14 the client will remain liable to pay in full for all work previously undertaken and in progress. This may include but is not limited to the full cost of standing down personnel, facilities third parties and discharging any and all liabilities in relation to any and all arrangements and agreements that stood under the contract.
16) The clients must take note of the fact and recognise that Initial deposits are non-refundable and are applied to the full or partial cost of pre-production activities.
17) The client must take note of the fact and recognise that stage payments are non-refundable and are applied to the full or partial cost of production activities.
18) Any monies (excluding deposits) held on account and unused will be returned subject to an 20% administration charge.
19) The company reserves the right to refuse to use, manipulate publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or in any way beleived to be illegal. Where such material is supplied the provisions of condition 30 shall not apply and the material in question may be voluntarily passed to the police or other lawful authorities together with all client data.
20) Where the client or any person or agency who we have reasonable cause to believe is acting with the client's authority supplies material that is subject to copyright provisions the client warrants that they are a) lawfully able to authorise the use or modification of that material and b) they so authorise that action by The Caledonian Television Company Ltd
21) In the event of any dispute arising with regard to the use of material with respect to the provisions of paragraph 20 that is subject to copyright provisions the client shall hold the company harmless and the client will accept full responsibility .
22) The company cannot be held liable for loss or damage caused as a result of third party action or failure.
23) The client shall provide appropriate security arrangements for any filming in any place outside of the United Kingdom or which The Caledonian Television Company Ltd deems to be 'high risk' in terms of personal safety and/or property security. Such arrangements shall be notified to The Caledonian Television Company Ltd in writing in advance of travel to that place.
24) Normally the company will make such arrangements for overnight accommodation (where required) as may be necessary the cost of which will be invoiced to the client. Where this is provided or arranged by the client this must minimally take the form of a single private bedroom with bathroom for each crew member.
25) The company cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
26) Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer's needs subject to our overall terms and conditions of trade.
27) If a project requires additional content this is, in effect, a contract change. An addition will be made to the original project specification and, once approved, becomes contractually binding. For the avoidance of doubt the term 'additional contant' applies but is not limited to unscheduled changes to or deviations from shooting script or shooting schedule which result in extra work.
28) The Caledonian Television Company Ltd. will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
29) In consideration of, and subject to, the final payment of full fees due to The Caledonian Television Company Ltd by the client, The Caledonian Television Company Ltd assigns to the client title and rights to show, distribute, copy or send the work in its complete form by whatever means and through whatever platform the client sees fit.
30) Any confidential or proprietary information which is acquired by The Caledonian Television Company Ltd from a client, company, person or entity will not be used or disclosed to except when required to do so by law. If required, The Caledonian Television Company Ltd will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
31) Any contract requiring the company to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves available to communicate with the company, its servants or agents, as necessary and shall not do anything which delays any work and might place that deadline at risk.
32) Any claims must be made in writing and detail to The Caledonian Television Company Ltd within 7 days of receipt of items or production or post production taking place. If no claim is made within this period, the client is deemed to have accepted items or events the at the agreed price.
33) Should the client have cause to make any complaint about service or programmes the complaint, if put in writing, will be acknowledged by The Caledonian Television Company Ltd within 14 days and a detailed reply will be issued to the client within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to The Caledonian Television Company Ltd.
34) The company shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including but not limited to Act of God, legislation, order of police, military or government authority, war, fire, flood, drought, failure of power supply, lock-out or exclusion, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to The Caledonian Television Company Ltd, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept completion and/or delivery when available.
35) The company, their staff and agents, shall at all times adhere to their operational procedures and policies. In particular, the company, its staff or agents have the right and the obligation to refuse to carry out any act, or act in any way which they reasonably believe might be illegal, unlawful or in any way presents a risk to life, limb or property. Attention is particularly drawn to the use of vehicles on public roads in respect of which all speed limits, signs, signals, parking restrictions and access restrictions will be strictly observed and vehicles will be subject to a blanket speed limit of 56MPH. Any delay, failure or non-performance caused by the observation of this clause shall not constitute a breach of contract.
36) The client shall not make, post communicate or publish any statement nor indulge in any behaviour which might lower the reputation of The Caledonian Television Company Ltd, its services, personnel, products or property in the estimation of any reasonable person; whether directly or by association. This clause shall not prevent fair comment in respect of matters where a court has found the company lacking or wanting, but clarifies that defamatory statements or disreputable behaviour is not acceptable and will be actionable.