DMC Sound Limited Terms and Conditions

 

DMC Sound Limited is a registered company in England & Wales. Our company registration number is 16236049 and our registered address is C/O James Todd & Co Furzehall Farm, 110 Wickham Road, Fareham, Hampshire, United Kingdom, PO16 7JH

Definitions:

In these Standard Terms & Conditions of Business (“these Conditions”), “the Company” means DMC Sound Limited; “Services” means acts or deeds carried out to fulfil our work, and shall where required include any goods agreed to be supplied by the Company; “Client” refers to the person, firm or corporation which has agreed to engage the Services of the Company.

 

Jurisdiction:

All work undertaken by DMC Sound Limited will be subject to the following terms and conditions. The agreement between the Company and their Clients shall be construed in accordance with English Law and shall be deemed to have been made in England. Therefore, both parties agree to submit to the exclusive jurisdiction of the English Courts.

 

Quotes:

The Company is pleased to provide, on request, quotes for our Services based on project briefs from the Client. Quotations submitted by us shall be valid for the period stated, or where no period is stated then for a period of 30 days from the date of issue. Any quote is deemed to be accepted on receipt of the Client’s written or emailed instruction, or receipt of authorised Purchase Order.

 

If the Client chooses not to request a quote or otherwise negotiate a financial agreement for our Services, it will be determined that the Client agrees to remunerate the Company in full on receipt of invoice. Charges may not be negotiated retrospectively.

 

Any agreement concerning daily charges is determined to apply within a 24-hour period from midnight to midnight. Should work cross into the following day without prior agreement, either an addition day fee may be charged; or twice the agreed hourly rate for the time worked at the Company's discretion. Where per-hour charges apply, no deduction or discount is applicable for designated meal break periods unless agreed in writing.

 

Confirmation & Engagement of Services:

The Company will accept tentative (also referred to as “pencilled”) bookings where expressly requested and subsequently agreed in writing by both parties. Unless subject to prior cancellation or confirmation, tentative bookings will be deemed to be confirmed using the full renumeration value and corresponding time frame:

 

Less than £10,000 - 14 days from commencement

More than £10,000 - 28 days from commencement

 

Payment:

The due date for payment shall be 30 days from date of invoice unless specifically stated on said invoice. Cleared funds are to be in the nominated bank account of DMC Sound Limited on or before this date. Any query by the Client relating to an invoice must be made within 7 days of the invoice date.

 

Payment shall be made in pounds sterling by BACS payment unless subject to prior written agreement. Outstanding invoices exceeding the agreed terms will attract invoice charges calculated on a daily basis, charged at 4% over and above the Bank of England base rate. Any debt recovery costs required to obtain payment for outstanding invoices, including time expended by our own staff, will be chargeable to the client. The Company reserves the right to suspend any and all services provided to a Client where accounts are outstanding after the agreed period.

 

DMC Sound Limited may submit invoices monthly being a proportion of the Fee which shall be based on services completed up to the date of invoice, or as per a payment schedule agreed with the Client in writing prior to commencement of Services.

 

Should a Client request variation(s) to the Services to be provided at any point, the Company will submit a revised quotation incorporating such variations and clearly indicating any effect on the Fee(s). The Company shall not be obliged to carry out any requested variations to the Service(s) until such time as the revised quotation is accepted by the Client. Upon acceptance by the Client, the revised quotation shall replace (or, where it is so stated, have effect in addition to) any previous quotation or revised quotation.

 

Termination or Postponement:

An agreement between the Company and the Client may be postponed or terminated by either party providing written notice prior to the commencement of Services. In the event of such circumstances, unless a further written agreement supersedes our Standard Terms & Conditions of Business in this matter, the Company will be entitled to remuneration for any preparation work undertaken. Additionally, the following entitlement exists:

 

 

Full Remuneration Value: Less than £5,000

Less than 14 days - 50%

Less than 7 days - 75%

Less than 24 hours - 100%

 

Full Remuneration Value: £5,000 to £10,000

Less than 28 days - 50%

Less than 14 days - 75%

Less than 7 days - 100%

 

Full Remuneration Value: More than £10,000

Less than 28 days - 75%

Less than 14 days - 100%

 

Copyright:

The Copyright on all sound designs, concepts, drawings, specifications and documents prepared by Dave McGrath and DMC Sound Limited, and in the work executed from them, shall remain the property of the Company unless otherwise agreed in writing by both parties. If the copyright / intellectual property rights are to be passed to the Client, these rights will be deemed to remain the property of the Company until full and final payment for our Services has been received as cleared funds into the nominated bank account.

 

Limit of Liability:

DMC Sound Limited holds £10million Public Liability Insurance. The liability shall be limited to ten times the agreed Fee, save in respect of personal injury and death. Save as may be expressly provided for herein the Company shall not be liable for any consequential loss suffered by the Client, and in particular the Company shall not be liable for any costs, claims or damages or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits income production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.

 

Credits:

All credits for work undertaken must be approved prior to publishing in any medium including, but not limited to, websites, programmes, brochures, press releases and publicity material. The Company will supply relevant biographies and photographs on request for approved use by the Client.

 

Design Disclaimer:

DMC Sound Limited (“the Company”) does not warrant and shall not be liable for the accuracy of any designs.

 

For the avoidance of doubt, the Company is not qualified to determine the structural and electrical appropriateness of their designs and is not responsible and cannot be held liable for any improper engineering, construction, rigging or handling methods or for any improper use of structures or equipment that may be employed to realise the design. When necessary, the Company will engage and/or work alongside designated third party contractor(s) whom will assume responsibility for engineering, construction, rigging, handling methods, use of structures and equipment required to realise the design.

 

It is the responsibility of our Client(s) and not the Company to ensure that the design complies with local fire, health and safety regulations. In the event that the design is found not to comply, the Company will adjust the design in consultation with the Client to ensure that it does comply with such regulations.