Privacy/Terms - Performance Services

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Thank you so much for everything you have done for us and the show. It has been great to work with you again.
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Performance Services
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Privacy/Terms

These are our Standard Terms & Conditions where no signed contract exists otherwise the Terms & Conditions will be part of the contract document and may be different. (Separate Terms apply for Wedding Videos and these are below the Standard Terms).

1) Introduction
A contract is formed between a customer (referred to as the “Customer”) and Performance Services  (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
2) Supply
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
3) Rights reserved
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
4) Payment
The Company shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The Company reserves the right to charge interest on overdue amounts at an annual rate of 5% above the Lloyds TSB Bank base rate ruling on the date payment is due. Title in the goods or services shall remain with the Company until full payment has been received, unless
otherwise stipulated in the Order.
5) Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
6) Creative Brief
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
7/ Booking Fee/Cancellation
Monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. If the Customer cancels the order less than 8-weeks prior to the Company supplying the product(s) or service(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid. If the Customer cancels their Order more than 8-weeks prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.
8/ Liability
The Company accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Company being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9/ Copyright
Unless otherwise stated in the Order, the Company retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
10/ Data Protection
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
11/ Care and Damage to client property
Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Company. 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.
12/ Right of Assignment
The Company retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
13/ Expenses
The Company retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
14/ Confidentiality
Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product(s) or service(s).
15/ Basis of law
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.


The normal Terms & Conditions for Wedding Videos are below for information (Actual Terms & Conditions may vary & will form part of the signed contract).

1.1 Bookings are accepted on these terms and conditions only. No condition may be added, omitted or altered
     unless we have agreed it in writing with you.
1.2 Any addition omission or alteration that we may agree does not affect any other term or condition.
1.3 When you sign the booking form, you will be deemed to have read and accepted these terms and conditions
1.4 You specifically confirm to us that the information that you have provided in the booking form (and any other
      forms) is true and accurate in all respects

Payment Conditions
2.1 Once a booking has been accepted you must immediately pay the booking fee that we have agreed. Until we
      have received the booking fee (and if by cheque, that cheque has cleared) we are under no obligation to carry
      out any of our obligations. Please note that this contract remains in force even if you have not paid the
      booking fee and we shall be entitled to enforce it.
2.2 You must pay us the balance of the Price (shown on the booking form) in full (and if by cheque that cheque
      has cleared) at least 14 days before the date when the Event is to take place. If you do not do so we will
      not have any liability to you, and if we so decide we shall be entitled in our absolute discretion to forfeit
      the whole or part of the booking fee.
2.3   If you cancel this booking:
    (1) more than 90 days before the date of the event then the booking fee will be forfeited, but no further
         sum is payable by you;
    (2) within 90 days of the date of the event a sum amounting to 50 per cent of the Price is payable by you;
    (3) within 30 days of the date of the event a sum amounting to 95 per cent of the Price is payable by you.
2.4 Any cancellation must be notified to us in writing addressed to us at the address shown in the booking form.
2.5 The Price is based on a recording time not exceeding 3 hours in length. An extra charge is payable in the event
      of recording time running over 3 hours for whatever reason
2.6  Interest will be charged on late payments at the rate of 2% per calendar month or part month on any
      overdue balance.

Restrictions on our liability to you. (Please note this section is important and should be carefully
read by you since it limits your rights. Please ask us if you need any further clarification).

3.1 We will make every reasonable effort to secure a replacement cameraman if for any reason the cameraman
     is unable to carry out the engagement. In those circumstances however, our liability to you is limited to
     making a refund of the sums that you have paid us in respect of the booking. We will be entitled to deduct
     any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all the equipment we use for your Event is in sound
     working order, if a problem with the equipment should arise our liability to you is limited to making a refund of
      the sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket
     expenses that we have reasonably incurred or paid to a third party. In the event of a part of the Event being
     recorded we will in that case return a fair proportion of the Price.
3.3 Although we will use every reasonable effort to record significant parts of the Event (including any part of the
     ceremony) the decision as to what is comprised in the recording is in our absolute discretion. We can give no
     assurance that we will successfully record any particular aspect of the Event (even though you may have
     asked us to do so), and any failure by us to capture any particular aspect of the Event or failure does not
     give you any right to refuse to pay the Price or obtain a refund.
3.4 When you enter into this booking you accept that we cannot accept any liability whether it is a financial or
     any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of
     any failure by us of our obligations to you in this booking except for our obligation to return all or part of
     any sums that you have paid to us in accordance with these conditions.
3.5 We do not exclude our liability to you for any death or personal injury or damage to property that may have
     been caused by our negligence or that of any our employees.
3.6 We will carry out services with all reasonable care and skill. You accept that any other warranty or legal
     obligation on our part or placed on us by any legislation (such as the Supply of Goods and Services Act 1982
     and the Sale of Goods Act 1993) or arising under common law is excluded in so far as it possible to do so.
3.7 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and
      reasonable for us to limit our liability.
     This is because if we were to accept additional liability we would need to insure against that liability or loss
     which will then increase our prices.
     You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.

Ownership of the Master Tape and copyright

4.1 The master tape remains our property. Copyright in the master tape is vested in us. This means that:
   (1) we reserve the right to dispose of the master tape in our absolute discretion.
     (2) we do not accept liability in relation to any loss of and/or damage to the master tape.
    (3) neither you nor any one on your behalf are allowed to make any copies of any tapes, discs or other
         recorded media unless we have agreed in writing that you may do so. Please note that the copying of tapes
         or discs without our consent is a breach of copyright for which you may be liable in damages
4.2 Master tapes or discs are kept for a period of one year.
4.3 We reserve the right after you have received your copy of the DVD, to show the disc or part of it to
     any prospective client who may wish to see a sample of our work, or to enter the disc into competitions or
     use extracts in our show reel. We will not however release any part of your video for
     broadcast without your prior written consent.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your
     personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the
     Event that all persons attending the Event have consented to being recorded.

Extras

5.  If you ask us to provide any extra services after you have signed the Booking form these may be subject
    to additional payments which we will agree with you. Those extra services will, if accepted by us, be carried out
    on the basis of these terms and conditions

Consents

6. Please note that it is your responsibility to obtain the consent from the owners of the church or other venue
   where the Event is being held and all other persons involved in the Event, such as any person conducting
    the ceremony, the choir organist and other musicians to record the Event before it takes place and to pay
   any fees charged by them. If you fail to do so, this may mean that we are unable to record the ceremony
   or the Event or release the DVD to you until that consent (which is required for copyright reasons) has
   been obtained.

Schedule and Quality Control

7.1 We will try to agree a schedule of contents of the recording with you. Please note that the contents of
     that schedule does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished DVD unless you tell us to the contrary in writing
     within 2 weeks of the DVD being sent to you. If you do notify us within that period you must also tell us
     what your complaint is in as much detail as possible. If we do not receive any complaint within that period
     we shall be entitled to assume that you are satisfied with it and we will then be under no further obligation to
     accept any complaint, unless we then agree.
7.3 We will use all reasonable efforts to deal with any complaint promptly and if it is something that is justified
     and we can remedy, we will do so.
     If we do not consider your complaint to be valid then we will tell you promptly.

Definitions

8. In these terms and conditions

“us” and “our” means “Performance Services” or their authorised representative,
“you” is the person or persons making the booking and who are entering into the legal obligation,
the “Booking form” is the form signed by you set out overleaf (which forms part of this Agreement)
“Price” and “Booking Fee” means the contract price payable to us for our services and the advance booking
fee respectively,
the “Event” is the ceremony and associated activities that you have asked us to record and which is detailed
in the Booking form.
“References to “DVD” or “disc” or “tape” or “video tape” includes any format or media on which the recording is
made or delivered.“


Privacy policy
 
1.       Introduction
 
1.1    We are committed to safeguarding the privacy of our website visitors and customers.
 
1.2    This policy applies where we are acting as a data controller with respect to the personal data of website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data.
 
1.3    Currently we don’t use cookies on our website.
 
1.4    In this policy, "we", "us" and "our" refer to Oliver Smith t/a Performance Services. Please see Section 13. for contact details.
 

2.       Credit
 
2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).
 

3.       How we use your personal data
 
3.1    In this Section 3 we have set out:
 
(a)    the general categories of personal data that we may process;
 
(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
 
(c)    the purposes for which we may process personal data; and
 
(d)    the legal bases of the processing.
 
3.2    We may in the future process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data would be an analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
 
3.3    We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include name, address, telephone number & email address. The source of the service data is you or your representative. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
 
3.4    We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
 
3.5    We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
 
3.6    We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
 
3.7    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
 
3.8    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
 
3.9    We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
 
3.10  We may process images. This data may include photographs or video. The source of this data is events we photograph or video. This data may be processed for news reporting or producing a film of an event. The legal basis for this processing is our legitimate interests, namely news reporting OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
 
3.11  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
 
3.12  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely [the proper protection of our business against risks.
 
3.13  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
 
3.14  Please do not supply any other person's personal data to us, unless we prompt you to do so.
 

4.       Providing your personal data to others
 
4.1    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
 
4.2    We may disclose your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer to our suppliers or subcontractors insofar as reasonably necessary for providing the service you have requested.
 
4.3    Financial transactions relating to our website and services may be handled by our payment services providers, Santander UK plc or iZettle. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at their UK websites.
 
4.4    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
 

5.       International transfers of your personal data
 
5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
 
5.2    The hosting facilities for our website are situated in the UK.
 
5.3    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
 
6.       Retaining and deleting personal data
 
6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
 
6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
 
6.3    We will retain your personal data as follows:
 
(a)    Personal data including photographs and video will be retained for a minimum period of 6 months following delivery of a product, but may be kept indefinitely.
 
6.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
 
(a)    the period of retention of will be determined based on the historical value of the data.
 
6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
 
7.       Amendments
 
7.1    We may update this policy from time to time by publishing a new version on our website.
 
7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.
 
 
8.       Your rights
 
8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
 
8.2    Your principal rights under data protection law are:
 
(a)    the right to access;
 
(b)    the right to rectification;
 
(c)    the right to erasure;
 
(d)    the right to restrict processing;
 
(e)    the right to object to processing;
 
(f)    the right to data portability;
 
(g)    the right to complain to a supervisory authority; and
 
(h)    the right to withdraw consent.
 
8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
 
8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
 
8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
 
8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
 
8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
 
8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
 
8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
 
8.10  To the extent that the legal basis for our processing of your personal data is:
 
(a)    consent; or
 
(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
 
       and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
 
8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
 
8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
 
8.13  You may exercise any of your rights in relation to your personal data by written notice to us.
 

9.       About cookies
 
9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
 
9.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
 
9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
 

10.    Cookies that we use
 
10.1  We currently don’t use cookies.
 

11.    Cookies used by our service providers
 
11.1  Our service providers may use cookies and those cookies may be stored on your computer when you visit our website.
 

12.    Managing cookies
 
12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
 
(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);
 
(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
 
(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);
 
(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
 
(e)    https://support.apple.com/kb/PH21411 (Safari); and
 
(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
 
12.2  Blocking all cookies will have a negative impact upon the usability of many websites.
 

13.    Our details
 
13.1  This website is owned and operated by Oliver Smith t/a Performance Services.
 
13.3  Our principal place of business is at 56 Riversmead, Hoddesdon, EN11 8DP.
 
13.4  You can contact us:
 
(a)    by post, to the postal address given above;
 
(b)    using our website contact form;
 
(c)    by telephone, on the contact number published on our website from time to time; or
 
(d)    by email, using the email address published on our website from time to time.
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