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 2013and 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
The terms "we", "us" "our"
and "the company" in this document refer jointly, severally and
interchangeably to Mr Matt Quinn and/or The Caledonian Television
Company Ltd who are bound to a common set of values and
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
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
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 TFGtv, Clydeside television productions, Clydeside Media, Caledonian Television, West Lothian 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. All contracts or agreements entered into or representations made are between you and the company.
2) The Caledonian Television
Company Ltd is registered in Scotland. No. SC411305 and has its
registered office at 15a Smithy Brae, Kirknewton, West Lothian
EH27 8AQ. All payments must be made by bank transfer in Pounds
Sterling to the company's nominated bank account, details of which
are notified to bona fide clients as and when necessary.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.