Luke Jackson Ltd Terms & Conditions
IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of this website under the domain name www.lukejackson.co.uk (the "Website") and includes any correspondence between us via e-mail or social media. Please read our terms & contitions (“T&C”) carefully before using the Website. By accessing any part of the Website or engaging with us on social media you agree to be bound by these T&C in full (which shall take effect immediately on your first use of the Website) regardless of whether or not you choose to register with us or use any of our services. If you do not agree to be legally bound by these terms and conditions, please do not access and/or use the Website. Revisions of the T&C may be done at any time and you are advised to revisit the T&C each time you access any part of the Website as the current terms and conditions will be binding on you. This notice is issued by Luke Jackson Limited (the "Company").
1. General
1.1 Property rights: The copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by the Company or its licensors. This material is protected by various copyright laws and treaties around the world.
1.2 Image usage: Copies or extracts of pages from the Website may be downloaded or printed for your own non-commercial, personal or professional use and for reference only. Material on the Website must not be used for external commercial purposes nor edited or altered in any way without seeking prior written permission from the Company. Any use of copies or extracts from the Website other than in accordance with this clause 1.2 is strictly prohibited. Any rights not expressly granted in these terms are reserved.
1.3 Security Access: If you are provided with user information and/or a password or any other information relating to the security procedures in connection with the Website you must treat this information as strictly confidential at all times and may only disclose such information to a third party for the purposes of and when associated with a specific project, provided that sufficient care is taken by you to ensure compliance with these terms and conditions by that third party and that such information/access is not abused by that third party. For the avoidance of doubt, you shall remain responsible for all actions when access to the Website is obtained through the use of your user information and/or password (whether authorised or unauthorised).
1.4 Uploading material: Any material uploaded to the Website by you will be considered non-confidential and non-proprietary and the Company and its licensors shall have the right to copy, disclose, incorporate, distribute and otherwise use such material in any way (including within the Website, whether on private pages or within the location library) for any commercial and non-commercial purposes. For the avoidance of doubt, if you do not want to grant the Company and its licensors the rights set out above, please do not upload any material to the Website.
1.5 Viruses: The Company shall not be liable for any loss or damage (howsoever caused and whether direct or indirect) caused by a distributed denial-of-services attack, computer virus, technical fault or other technologically harmful material that may infect your computer equipment, computer games, data or other proprietary material due to your use of the Website or to the download of any material from the Website, or on any website linked to it.
1.6 Website access: Every effort is taken to ensure access to the Website is available 24 hours a day; however the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the site may be suspended temporarily and without notice in case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.7 Website use: You agree to use the Website only for lawful purposes and shall not misuse the Website (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from the Website any material that is (i) threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (ii) for which you have not obtained all necessary licences and/or approvals; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause.
1.8 Disclaimer: The Company does not warrant the accuracy and completeness of material on the Website and all material is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the fullest extent permitted by law, the Company provides the Website on the basis that the Company excludes all representations, warranties, conditions and other terms which, but for these terms and conditions, might have effect in relation to the Website.
1.9 Liability: The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these terms and conditions shall exclude or limit the Company's liability for (i) death or personal injury caused by negligence or (ii) fraud; or (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
1.10 Governing Law: These terms and conditions shall be governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.
2. Production
2.1 Estimates and Budgets: We budget each job independently based on the brief documents we receive, and conversations we have with creatives, agencies and clients. The costs we supply are based on standard rates (APA and BECTU) and are negotiable.
2.2 Purchase Order: A written purchase order is required to commence work and work maybe delayed or costs incurred without one. Further to the provision by the Company to the hirer of an estimate of the fees and costs of the production/location management of a particular shoot (such acceptance and approval being treated as an acceptance of these terms and conditions), a written Purchase Order shall be agreed including (but not limited to) confirmation of the brief, quoted fee, estimated advance in terms of additional costs and expenses and payment schedule prior to any production/location management work commencing.
2.2 Payment terms: An advance payment is required before work commences. This can be 100% of all estimated costs and expenses to be incurred by the Company or 75% of the total costs, as set out in the Estimate. A final balance invoice will be supplied to the hirer by the Company on completion of the shoot which will detail the agreed fee payable together with any savings made or additional costs incurred in the balance.
2.3 Handling Fee: The Company reserves the right to charge the hirer an additional 15% production fee on all expenses and costs incurred and paid for directly by the Company if the advance payment is not paid to the Company prior to commencement of the work.
2.4 Cancellation Costs: In the event of a shoot being cancelled by the hirer, the Company reserves the right to charge a cancellation fee of at least 100% of the work carried out up to the date of cancellation together with all expenses incurred by the Company. A cancellation fee will also be charged in the event that the acceptance of such shoot had resulted in the loss of work elsewhere.
2.5 Savings: Savings will be made wherever possible by the Company, however the total advance payment may be re-distributed and spent in a way that the relevant producer/production manager (in his/her absolute discretion) deems necessary in order to complete the shoot.
2.6 Additional costs: Any additional costs above and beyond the agreed advance payment in the Purchase Order will be discussed and agreed prior being incurred by the Company.
2.7 Receipts and Backup Invoices: For us to provide a full back up of all costs incurred this must be requested in writing and agreed prior to the job being confirmed. The Company cannot be held accountable to audit without this initial instruction.
2.8 Legal Content: The Company does not accept liability for the content of the media created, which remains the sole responsibility and liability of the Client.
2.9 Governing Law: These terms and conditions shall be governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.
3. Location Management
3.1 Estimates and Budgets: We will offer to assist with budgeting the location requirements for each job independently based on the brief documents we receive, and conversations we have with production, creatives, agencies and clients.
3.2 Rates: Our Location Manager rates are based on the APA and BECTU guidelines and are negotiable.
3.3 Expenses: Production Companies must cover the cost of our expenses, including; cellphone, mileage, parking, printing, overnights where necessary etc. Additional costs like; security, litter collection, traffic management etc will be estimated by the Location Manager, must be approved by the Production Company and will added to our invoice. On request, these can be invoiced directly to the Production Company.
3.4 Confirmation: To commence work a Purchase Order (or email confirmation) is required from the Producer or the Production Company (such acceptance and approval being treated as an acceptance of these terms and conditions).
2.2 Payment terms: An invoice will be supplied to the hirer by the Company on completion of the shoot which will detail the agreed fees payable together with any additional costs incurred and agreed like; security, litter collection, traffic management etc.