Terms and Conditions

TERMS AND CONDITIONS for
SHARED MEMORIES

These Terms and Conditions are in relation to business and work carried out by, or on behalf of, Sara Gangai, trading as Shared Memories. They apply to the goods and services provided, whether you are the Customer, Storyteller, or a Contributor to a project. Please ensure that you read and accept these Terms and Conditions before participating in a project with Shared Memories.

1. Definitions

In this agreement:

“Customer”, “You” or “Your”	means the person purchasing the Product.
“Producer”, “Us”, “We”, or “Our”	means the owner and staff of Shared Memories
“Storyteller”	means the main source of Content for the project, usually, but not exclusively, through interviews, or by supplying images or manuscripts. The Storyteller may or may not be the Customer. The Storyteller is the person, or persons, or organisation which is the focus of the Project.
“Contributor”	means any person that has contributed Content, or has been interviewed to be part of a Project.
“Order”	means a written, verbal or electronic form request for the services of Shared Memories.
“Content”	means information and items, including photographs, video, illustrations, words or text supplied by the Customer, Storyteller or Contributor or by Shared Memories.
“Contract”	means the legally-binding agreement between the Customer and Producer for the supply of the Product.
“Project”	means all of the work we do and materials we buy to prepare or produce the final Product.
“Product”	means the final output that has been subjected to work or process to your specific order, supplied and created by Shared Memories using the Content.
“Quotation”	means detailed price quote for final Product and any additional services or products requested by Customer or Storyteller, if different from the Customer.
“Website”	means any website of Ours, and includes all web pages controlled by us.

• Supply Process
  • The nature and scope of the project will be detailed in an email Quotation following Your Order and is bespoke to your Project.
  • Following the initial home visit, a Contract will be formed for the Project and an Order Confirmation detailing the scope of the project will be sent. It is Your responsibility to ensure that the Order Confirmation is complete and accurate and to inform us immediately if there are any errors. We are not responsible for any inaccuracies in Your Order.
  • The signed Contract must be received by Us within 14 days of receipt by the Customer and before work on the Project commences. At this time, the Booking Fee of 30% must also be paid.
  • No variation to the Contract can be made after it has been entered into unless the variation is agreed upon by the Customer and Shared Memories in writing.
  • If the scope of the Project changes, leading to substantially more work beyond the original Contract, We will provide a quote for the additional work in email form.
  • The Producer agrees to supply the Product to the Customer as detailed in the Order and according to the terms and conditions of this Contract.
  • It is Your responsibility to supply Us with the information needed to proceed with Your bespoke Project through interviews, documents, photographs and contact details of any other persons to be interviewed for the Project.
  • We will provide a sample (for the Basic Video or Basic Audio) or a first draft (for the Classic Video, Enhanced Audio and larger projects) to you for approval and it is Your responsibility to inform us in clear writing if there are any factual errors, spelling mistakes, or technical issues within 14 days of receipt. One set of revisions will be incorporated within the agreed fee provided that the revisions or amendments fall within the original Order deliverables. Any additional revisions or amendments or significant re-edits will be charged at £40 per hour, plus mileage (£1 per mile) if travel for additional recording is required.
  • The Customer grants the Storyteller the right to buy additional Products. If the Customer and Storyteller are not the same person, the Customer is not responsible for any additional Products ordered by the Storyteller, unless the Customer agrees in writing to Us by email.

• Personal Information
  • Unless otherwise agreed, the Producer will treat any information and Content gained during the Project as being private and confidential to the Customer and/or Storyteller.
  • We may ask the Storyteller for permission to use Content for promotional purposes on our website, on social media or in print advertising. We will not publish the Content without the Customer and Storyteller’s permission. If the Customer and Storyteller are not the same person, it is the Customer’s responsibility to obtain permission from the Storyteller.
  • We reserve the right to display the Project, or segments of the project, for promotional and advertising purposes as part of Our portfolio.

• Copyright
  • * Unless otherwise stated in the Contract, the Producer retains copyright in all of their original material, which includes video recordings, graphics, soundtracks, printed material and any design work commissioned by the Customer in relation to the Order.
  • It is the Customer’s responsibility to obtain permission for the inclusion of material under intellectual property rights such as copyright into the Project, including any performances, trademarks, video or photographs.
  • The Customer agrees to indemnify the Producer in the event of any breach of intellectual property, including copyright claims being brought against the Producer in respect of Content supplied by the Customer or Storyteller.

• Fees and Payments
  • Prices of Our services are shown on Our Website.
  • Prices for bespoke Projects not found on our website are available upon enquiry via email.
  • The fee for Our services will be divided into two payments, the Booking Fee and the Final Payment. The first payment by You, the Booking Fee, is 30% of the final cost and will be due at the time that the Contract is signed and submitted to Us. The remaining 70% must be paid, and receipt by Us confirmed, before the final Product is given to the Customer.
  • Any invoice from Shared Memories is due for payment within 7 days and We are entitled to claim interest on outstanding payments at 5% from that time.
  • Any invoice for upgrades to the Project must be paid before We proceed with the Project.
  • We reserve the right to suspend all work on Your Project if any payment is overdue.

• Liability
  • The Producer accepts no liability for any loss or damage may arise from the supply of the Product. In the unlikely event of the Producer being unable to supply the Product as specified on the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer, whichever is the higher.
  • Risk of damage to, or loss of, any Products will pass to the Customer when the Product is delivered to You.
  • Shared Memories is not responsible for the Content in the final Product provided by the Storyteller or Contributors. Their words and opinions are their own.
  • Customer acknowledges that the video will be a first-person narrative based on the interviews. We will make every effort to ensure that facts are correct but cannot be held responsible for factual errors.
  • Ownership and Copyright remain with Shared Memories until payment for the Project has been made in full.
  • The Producer carries public liability insurance. A copy of the insurance certificate can be provided upon request.
  • The Producer accepts no responsibility for any loss or damage of Content supplied by the Storyteller or Customer howsoever caused, or any loss by unforeseen circumstances whilst it is in the custody of the Producer. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the Content.

• Excluding Liability
  • Shared Memories will not be liable for any loss of profits, economic loss, or indirect or consequential loss of any kind arising out of or in connection with the Project.
  • The total aggregate liability of Shared Memories, our staff and/or freelancers providing services on its behalf will not exceed in aggregate of the total fee paid for the accepted Order.

• Illness or Equipment Failure
  • In the event that the Producer experiences illness, equipment failure or technical difficulties, We reserve the right to change the date or time of filming to a mutually agreeable alternate date and/or time.
  • If the Customer or Storyteller experiences illness that would pose a health risk or prevent successful video or audio capture, they have the right to change the date or time of filming to a mutually agreeable alternate date or time without incurring cancellation fees, provided that 24 hours or more notice is given.

• Withdrawal, Cancellation and Refunds
  • You can cancel the Order by sending an email to sara@sharedmemories.uk with the title ‘Order Cancellation’.
  • If You cancel 72 hours before the first interview is carried out, you may claim a full refund, less any costs incurred by us, including travel costs or special purchases requested by You for the Project.
  • Once the first interview has commenced, the bespoke Project has begun and your ability to request a refund will be limited, as per the Contract. Payment will still be due to Us.
  • If the Customer cancels the Order less than 4 weeks prior to the Producer supplying the Product(s) or Service(s), the Customer shall be liable for the whole invoice, less any Booking Fee already paid. If the Customer cancels their Order more than 4 weeks prior to the Producer supplying the Product(s) or Service(s), they shall forfeit the Booking Fee.

1. Dispute Resolution
   1. If You are not happy with Our services or have any complaint then you must tell us by email message to sara@sharedmemories.uk with the title ‘Complaint’, within 30 days of receipt of the final Product.

1. Basis of Law
   1. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.