Terms and Conditions

Website terms and Conditions

What’s in these terms?

These terms tell you the rules for using our website (www.mhcreativeconsultants .com) and for content that we produce.

Who are we?

MH Creative Consultants is owned by MH Creative Consultants (“We”). We are registered in England and Wales under company number 16284969 and have our registered office at 51 Urmston Lane, Stretford, Manchester, M32 9BG

How to contact us

To contact us, please email info@mhcreativeconsultants.com

By using our site, you confirm that you accept these terms of use and agree to comply with them.

You should also consult our privacy policy, which explains how we process any personal data we collect from you, or you provide to us.

Changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business objectives.

Site suspension or withdrawal

We do not guarantee that our site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business reasons.

We do not represent that content available on or through our site is appropriate for use or available in other locations.

Use of material on our site

We are the owner of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining our written permission.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@mhcreativeconsultants.com.

Information on this site

The content on our site is provided for general informational purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any activities based on content displayed on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

External websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for informational purposes only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Consumer and business users

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide our site for domestic and private use.
We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

Whilst we take reasonable steps to mitigate the introduction of malware, we do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

Any misuse of this site or supporting infrastructure will be considered in the context of the Computer Misuse Act 1990, this may include any denial of service attempt and/or introducing any malicious or technologically harmful material. We will report any such breach to the relevant law enforcement authorities and will co-operate with their investigation.

Applicable laws for any disputes

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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Content terms and Conditions

This Agreement/Contract is between the client being supplied a service or product

Herein referred to as “Client”

AND

MH Creative Consultants of MH Creative Consultants Ltd.

Herein referred to as “MH Creative Consultants”

“WHEREAS: Client wishes to engage MH Creative Consultants on an independent contractor basis, to render and arrange for the carrying out of a production (the “Complete Video”), and/or other marketing and promotional activities listed, in accordance with the terms and conditions of this Agreement.

PRODUCTION SERVICES

1.1 Video Production: In accordance with the quote (supplied through betterproposals.io) MH Creative Consultants hereby agrees, subject to the terms hereof, to perform all pre-production, production and post production services necessary to complete the complete video and to deliver the complete video in accordance promotional materials, discussions held and quotes supplied, including;

a) the supply, provision and application of technical knowledge and expertise necessary to produce the complete video;
b) the preparation and production of background music, unless specifically requested to be supplied by client
c) the engagement of crew, studio and other necessary facilities and services required for the production of the complete video;
d) the supply, provision and application of all above and below the line pre-production and production materials, services, equipment, and all other elements and personnel necessary to produce the complete video (herein for convenience, collectively referred to as “Services and Facilities”), including, without limitation, all necessary audio visual equipment and production personnel,
e) additional wardrobe, props, special effects and cast members will be quoted in writing as an cost and service prior to production commencement;
f) The complete video itself (via Vimeo.com link available for download) or if agreed by the client in the quote and/or proposal a hard copy to be delivered in due course after the online link.
e) additional wardrobe, props, special effects and cast members will be quoted in writing as an cost and service prior to production commencement;
f) The complete video itself (via Vimeo.com link available for download) or if agreed by the client in the quote and/or proposal a hard copy to be delivered in due course after the online link.
g) As projects are costed in both time and resources. MH Creative Consultants Media Group retains the right to charge further admin time should projects run over the prior agreed time and schedule between MH Creative Consultants Media Group and the client. A grace period of 4 weeks shall be given, after which time, an admin fee, as dictated by the scope of the job, shall be invoiced. This is payable in 7 days.

POST PRODUCTION AND REVIEW OF COMPLETE VIDEO EDITS

2.1 MH Creative Consultants agrees that it shall produce the complete video and render the Production Services in accordance with the following requirements and specifications:

a) Complete video Specifications: The complete video shall be produced in accordance with written communication and discussions between MH Creative Consultants and the Client.
b) Client Approval Rights: All major content decisions in connection with the complete video shall be made by Client. MH Creative Consultants, will endeavour to, but cannot guarantee, that all the features marked communication will be included in the final standard length complete video production, and will advise whether additional footage will be required in order to cover all features in a standard or otherwise ordered length of complete video production.
c) Any quotes and/or proposals set forth by MH Creative Consultants are only valid for 30 days. If no agreement or signature is meet during this period, MH Creative Consultants reserves the right to re-quote after this 30 day period.
d) Review of Script and/or Storyboard: Each Script and/or Storyboard will be supplied to client for one review and/or amendment and approval with final sign off prior to recording. All requests for amends must be made in writing or e-mail. Additional reviews are liable to incur charges at the discretion of MH Creative Consultants as set out in each quote or contract.
e) Review of complete video: A final copy of the complete video will be posted for online viewing (length permitting). All requests for amends must be made in writing or e-mail. Additional reviews are liable to incur cost at the discretion of MH Creative Consultants as set out in each quote or contract.
f) Failure to comply within review clauses will incur cost additional to the supplied quote provided for the complete video/project.
g) As projects are costed in both time and resources. MH Creative Consultants Media Group retains the right to charge further admin time should projects run over the prior agreed time and schedule between MH Creative Consultants Media Group and the client. A grace period of 4 weeks shall be given after which time and admin fee, as dictated by the scope of the job, shall be invoices. This is payable in 7 days.

Storage of Footage / Hard Drive Space

MH Creative Consultants reserves the right to charge for storage of footage and hard drive space or cancel the project without refund of any monies, in the event that the post production project is delayed by the client beyond 60 days.

REQUIREMENTS AND SPECIFICATIONS

3.1 Compliance with Applicable Laws: MH Creative Consultants shall comply with all applicable laws, statutes, rules, regulations and requirements of all governmental agencies and regulatory bodies and shall duly and promptly apply for and provide all necessary consents, licenses and permits which may be required by any governmental agency or authority of competent jurisdiction in connection with this Agreement and the production of the complete video unless otherwise discussed and agreed with the Client for them to do the same.

3.2 Third Party Agreements: Any third-party agreements to be executed in connection with the Production Services may be entered into by MH Creative Consultants in its own name provided that the terms thereof shall not conflict with this Agreement or the Approved Quote. MH Creative Consultants shall obtain from all third parties with whom it contracts in connection with the complete video, and in regard to the applicable union and guild agreements, an irrevocable assignment of the result and proceeds of their work in connection with the complete video in all media throughout the universe in perpetuity.

3.3 Unless otherwise stated in the proposal or quote the licence usage for all MH Creative Consultants Media Group content is Online, Worldwide in Perpetuity. This EXCLUDES Out of Home advertising, TV advertising and print advertising, among any other usage that is not Online, Worldwide.

PAYMENT

4.1 The client shall be solely responsible for the payment for the complete video as set out in the Quote and/or proposal and/or invoice and/or agreed costs. Any additions which would cause the Approved Quote on the payment due to be exceeded either in nature or amount of expense shall require the prior written approval of Client and MH Creative Consultants.

4.2 A deposit payment and/or further payments shall be paid by the client to MH Creative Consultants prior to the commencement of production and/or post production as agreed and set out in the Quote and/or Invoice

COPYRIGHT & OWNERSHIP- RIGHTS OF THE PARTIES

5.1 In consideration of, and subject to, the final payment of full fees due to MH Creative Consultants by the Client, MH Creative Consultants hereby assigns to the Client with full title guarantee all the present and future copyright of the complete video itself. The licence and copyright supplied by MH Creative Consultants Production to the client only covers the specified usage of each complete video/project. Any broadcast relating to the complete video and its assets will incur a cost and may not be covered under the copyright previously provided to the client. HOWEVER, MH Creative Consultants maintains the copyright and broadcasting rights of all visual documents and/or content (footage) that makes up the complete video unless otherwise agreed in contract (and/or quote and/or proposal) with our direct client as the signatory to this document and other intellectual property rights howsoever arising in the content. MH Creative Consultants maintains the right to use the complete video and all arising assets on their social media, website and for promotional purposes

Any footage ‘buyout’, ‘delivery’ or ‘licencing’ is agreed only with our direct client as signatory of the contract, quote or proposal. This EXCLUDES any and all third parties, including contracted staff, freelancers, third party clients or any persons that are outside of our direct client. IF third parties request access to footage this will be treated as a new client and a new contact, quote or proposal will need to be created for this new business dealing.

REPRESENTATIONS: INDEMNIFICATION

6.1 Final production details and creativity shall be at the discretion of MH Creative Consultants

6.2 MH Creative Consultants makes no warranties or representations with respect to materials supplied by the Client.

6.3 Client shall indemnify, defend, and hold harmless MH Creative Consultants from and against any and all damages, costs, claims, losses, and expenses (including reasonable legal fees and costs) arising out of any breach by Client of any representation or warranty or obligation entered into herein.

6.4 MH Creative Consultants reserves the right to postpone, extend or reschedule complete video or photography shoots due to unfavourable weather conditions, in which circumstances accommodation for extended stays will be supplied, however the original production quote and cost will not be affected. However, additional costs may be liable if Client delays or reschedules a shoot which causes the extended hiring, re-hiring of additional or alternative crew than those used on the originally planned shoot.

6.5 MH Creative Consultants is not responsible for re-shoots and/or re-edits due to subsequent property re-modelling, renovation, inclement weather or program and product changes within the same production and quote.

6.6 Re-edits of complete video due to changes by client will incur additional charges as quoted separately by MH Creative Consultants.

GOVERNING LAW; CAPTIONS, ETC.

7.1 This Agreement shall be governed and construed in accordance with British Law.