Terms & Conditions of The Mocap Agency LLP
1.1 These Terms and Conditions shall apply to the supply of Talents by the Company to the Customer and shall take precedence over and apply to any other documentation, order or communication between parties.
1.2 These Terms and Conditions shall be available on the web at www.themocapagency.com/terms-conditions
1.3 “The Company” refers to The Mocap Agency LLP; “the Talent” refers to the Actors employed by The Company; “The Customer” refers to the clients of The Company.
1.4 “The Engagement” refers to the booking made by the Company with the Talent.
2 PAYMENT TERMS BETWEEN THE CUSTOMER AND THE COMPANY
2.1 The price agreed between the Company and the Customer for Talents is specified per engagement or package of services at the time of booking and is exclusive of VAT and any other agreed charges.
2.2 The Customer has the authority to collect any National Insurance due if applicable which shall be deducted from the Talent’s fee or charged on at a later date (no mark-up is applied).
2.3 The Customer shall pay the Company the invoiced Fee within 30 days of receipt of invoice.
2.4 All direct expenses incurred by the Company and the Talent in connection with the provision of the Services and the Engagement and agreed prior to the engagement will be re-charged at cost or as agreed and are payable by the Customer on production of the appropriate receipts.
2.5 The Customer shall meet the costs of any pre-agreed Special Requirements prior to the booking.
2.6 The Customer will pay interest on all late payments at a rate of 5% per annum above the Bank of England Base Rate.
2.7 The Company is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where the agreed terms are exceeded.
2.8 The Company and Talent have the right to withhold Services if payment for previous engagements has not been made within 60 days of Customer’s receipt of invoice.
2.9 The Company is entitled to vary the price to take account of: any changes to the original services requested by the Customer which were not included at the time of booking and any overrun or overruns of the booked time for the Engagement due to 3rd party studio technical problems or other matters beyond ours or the Talent’s control.
3 CANCELLATION FEES
3.1 In the event that the Customer cancels an Engagement they will be liable to pay cancellation charges agreed at the time of booking at a rate of %100, provided the engagement is cancelled less than 24 hrs before its commencement.
3.2 The Customer must notify the Company immediately of any cancellation in order that the Company may notify the Talent.
3.3 If the studio provided by the Customer is unable to proceed with an engagement thereby causing the Talent to not be able to perform then a 100% cancellation fee will be chargeable to the Customer.
3.4 The Talent may not under any conditions cancel the Engagement unless due to Force Majeure or illness. In such cases, on provision of reasonable proof, the Talent will not be held in breach of contract by the Customer.
3.5 In the event of cancellation by the Talent the Company may substitute a replacement Talent, subject to the Customer’s approval (such approval not to be unreasonably withheld or delayed).
3.6 If the Talent cancels the Engagement and a replacement Talent cannot be supplied in terms of Condition 5.5 any monies paid in advance by the Customer will be repaid in full, within fourteen days of the cancellation. The Company will not accept any liability for a Talent cancellation in such circumstances. 8.1 Any changes to the performance schedule will be subject to these Terms and Conditions.
3.7 If a booking needs to be rearranged on the same day these changes must be priorly agreed between the Company and the Customer.
3.8 In the event that the Talent is unable to complete a performance or comply with the terms of the granted license due to a delay in the start of the performance schedule through no fault of their own, then the Customer will be liable to pay the Talent the full Performance Fee due.
3.9 Should the Talent be required by the Customer to extend the length of the performance the Company is entitled to charge the Customer a further fee as to be agreed between the parties.
3.10 Clause 3.8 takes precedent over clause 3.9.
4 CUSTOMER ACCEPTANCE OF TERMS OF ENGAGEMENT
4.1 The Customer agrees to cooperate with the Company as may be required.
4.2 The Customer agrees not to approach directly or indirectly the Talent represented by the Company for the purpose of providing services, present or future.
4.3 The Customer agrees to treat the Talent politely and in a professional manner.
4.4 The Customer is responsible for ensuring that the venue, and any equipment belonging to the Customer and used by the Talent, comply with health and safety regulations. A certificate must be produced on request.
4.5 The Customer must hold adequate insurance policies in respect of any engagement or services.
4.6 The Customer is responsible for complying with all legal obligations connected with the engagement of the Talent.
4.7 The Company is responsible for obtaining any licenses, work permits or other approvals for the Talent prior to the commencement of an Engagement.
4.9 The Customer will be notified of any special situations regarding the needs of the Talent in advance.
4.10 The Customer undertakes to make any future bookings for previously booked Talent directly with the Company for as long as the Talent is represented by the Company.
5 COMPANY OBLIGATIONS5.1 The Company will supply services as ordered by the Customer at the time of booking in writing.
5.2 The Company will provide any and all necessary permits / licenses as required by law and the The Local Authority where the Talent resides.
5.3 The Company will act as negotiator between the Customer and the Talent where there is dispute of any nature relating to the standard of work supplied.
5.4 The Company shall comply with reasonable requests from the Customer in relation to confidentiality.
6 PAYMENT TERMS
6.1 Invoices raised by the Company are payable within 30 days. New customers not known to the directors of the Company will be asked to pay in full for a first project at the time of delivery.
6.2 All recordings supplied to the Customer by the Company remain the property of the Company until such a time as all monies due for said recordings are paid in full.
6.3 The Company may terminate the rights of the Customer or the Customer’s client to use any services provided by the Company in the event the Customer has failed to make payments due within 60 days of the sum being requested.
6.4 The Company may invoke clause 6.2 in the event that the Customer ceases to trade for whatever reason.
6.5 In the event of termination of rights the Customer must immediately make full payment or risk having the recording pulled from public domain regardless of inconvenience to the end client.
7.1 The Customer shall indemnify the Company against any claims, costs or expenses incurred by the Company which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
8 TERMS RELATING SPECIFICALLY TO THE COMPANY’S OBLIGATIONS TOWARDS TALENTS
8.1 The Company shall agree a fee for the provision of services with the Talent.
8.2 The Company represents Talent on an exclusive basis. All third party requests made to the Talent must go through The Mocap Agency LLP.
8.3 All recordings originating with or commissioned and paid for by The Mocap Agency LLP remain the property and copyright of The Mocap Agency LLP and must not be used as demos or in other capacity without the express permission of The Mocap Agency LLP. Commercial use of demos featuring material recorded or produced by The Mocap Agency LLP may result in legal action for damages against any audio production company or agency passing off the recordings as their own intellectual property.
8.5 The Representative of the Talent may end the commercial relationship with The Mocap Agency LLP in writing by email to the address on the website.
8.6 To remove the Talent from the website, downloads and newsletters of The Mocap Agency LLP the representative should contact the Company by email. requesting that a 14 day notice be given after which all commercial activities between the two parties will cease.
8.7 Permission to include the Talent on the website, feature the talent in demos and other The Mocap Agency LLP product is deemed to have been given by telephone conversation or emails where demos are sent as an attachment. This does not extend to digital likenesses of the talent for which express permission for company use online will be sought by the Company from the representative of the talent. This permission may be withdrawn at any time making it contingent on the Company to act promptly to meet all requests for the deletion and return (where possible) of files held by the Company.
8.8 The Company may end the commercial relationship with the Talent by email with no notice by removal of any demos or other work from the website.
9 FORCE MAJEURE
9.1 Neither party shall be liable for any breach of these terms and conditions where the breach is the result of events outside the party or parties’ reasonable control (for example acts of God, accidents, illness, war, fire, etc).
10.1 There is no time limit other than those imposed in English law attached to these terms and conditions.
10.2 Notices must be given in writing.
10.3 These Terms and Conditions supersede any previous agreements, terms and conditions or other notices in writing.
10.4 This entire agreement is governed by the exclusive jurisdiction of the English courts.
The Mocap Agency LLP | Partnership No. OC432714 | Registered office Century House, 15-19 Dyke Road, Brighton, East Sussex, United Kingdom, BN1 3FE | VAT Registration Number is 354 4