Warranties and Liability
- MediaPower New Media Communications is not liable for any loss resulting from disruption of a webcast due to power outages, loss of Internet Connection, equipment failure or audio/video issues at the event venue.
- We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given.
- We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
- Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.
- Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
- You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
- Any claim that you may have against us must be notified to us in writing within 30 days of the event.
- A Booking deposit is required to reserve your event date.
- The Balance is payable in full before the event date.
- Booking deposit is fully refundable if reservation is cancelled 10 business days or more before the event date.
- Payments to be by cheque to “MediaPower New Media Communications”
- Payments by credit card if requested, can be made via a secure, online, PayPal invoice with a 3% premium service charge – no PayPal membership is required and any major credit card can be used.
Event Dates are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to any amendment by you that results in a cancellation the following charges will apply where the cancellation notice is given or is caused:
- Within 7 days of event date – Non-refundable Booking deposit plus $250
- Within 48 hours of event date – 50% of the total quoted amount
- Within 24 hours of event date – 100% of the total quoted amount
Our Copyright Policy
We operate a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to you subject to the following:
a. Payment in full is received from you for all outstanding invoices;
b. You grant us a royalty free licence to use all copyright in the media recorded by us for our own promotional purposes such as on our website or otherwise;
c. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.
All media produced by us on your behalf will be delivered to you as follows:
- All footage will be captured and stored on temporarily on our hard drives until we deliver the same to you on completion of all payments.
- Recorded footage will be provided free of charge,unedited and exactly as captured, on a USB stick drive to be provided by you on the event day.
- We will not provide any long-term storage unless otherwise requested and we reserve the right to charge a storage fee for the same.
We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
These terms and conditions shall be governed by the laws of the Province of British Columbia and subject to the exclusive jurisdiction of the BC Court System.