Terms & Conditions

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Services to Consumers / Payments Online / Disclaimers

1 Definitions


2 Our contract with you


3 Your account with us


4 Price, payment and service provision


5 Cancellation of order


6 Foreign taxes, duties and import restrictions


7 Dissatisfaction with the Services


8 Disclaimers


9 Your Material


10 System Security


11 Acceptable use Policy


12 Confidential Information and Intellectual Property Rights


13 Your email address


14 Indemnity


15 Miscellaneous provisions

1 Definitions

We are: Lynn Combe t/a Lemonjet Studios, 17 Killermont, Bothwell,  G71 8EG, United Kingdom.

In this agreement:

“Website visitor” means any natural person who visits our website.

“Client/Customer” means any individual(s) or organisation(s) who is a buyer or prospective buyer of Lemonjet Studios products and/or services.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Services” means any of the services we offer for sale on our Website.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

 

2 Our contract with you

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Services.

2.3 We shall accept your order by e-mail confirmation or on receipt of online payment. That is when our contract is made. Our message to you will confirm details of your purchase receipt.

2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.

2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.

2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable.

2.8. Proposals

2.8.1 For some video projects, Lemonjet Studios can provide prospective clients with a proposal. It is not binding and does not constitute a final agreement. For larger projects, Lemonjet Studios can provide a formal Service Legal Agreement (SLA) outlining the project costs.

2.9. Charges pertaining to a video project that includes a video shoot

2.9.1 On Location Filming
2.9.1.1 On location filming charges will be outlined in the SLA and accepted as final by all parties in conformation by email.
2.9.1.2 In exceptional cases where a video shoot exceeds the agreed times, it is at the discretion of Lemonjet Studios whether they stay and continue filming. Should Lemonjet Studios continue they will expect to charge for every additional hours filming.
2.9.1.3 All filming crew shall be managed by Lemonjet Studios only. Any queries on the day should be directed to the production coordinator/manager in charge. Lemonjet Studios must respect all relevant employment laws and as such, clients shall accept reasonable requests from Lemonjet Studios, in order to maintain the welfare of staff.

2.9.2 Equipment Rental
2.9.2.1 Should the client require any equipment which Lemonjet Studios does not own Lemonjet Studios will rent and these costs will be agreed in advance in the SLA.
2.9.2.2 Hire companies generally charge a day rate so this must be accounted for in scheduling of a Filming Day. Depending on the start or end time of a Filming Day, equipment may also need to be rented for the days before or after should the Filming Day exceed the opening hours of the rental company.
2.9.2.3 Should the Filming Day run into overtime and rental equipment need to be returned it is at the discretion of the hire company as to whether or not Lemonjet Studios can continue using it. If rental can be extended and an extra day has to be paid for that cost will be added to The Client's rental costs.
2.9.2.4 Should Lemonjet Studios require any equipment that is not agreed to contractually, clients shall be advised. On refusal of additional equipment, clients cannot make any claims against Lemonjet Studios if the production quality does meet expectations because of lack of equipment.

2.9.3 Travel
2.9.3.1 Lemonjet Studios will charge for any travel costs. E.g. Petrol used, parking, public transport, car rental and accommodation costs. The exception is where travel costs have been waived and this has been stipulated in the agreed SLA.

2.9.4 Travel Days
2.9.4.1 Lemonjet Studios may be required to travel before or after a day of filming or between two days of filming. This will be known as a travel day.
2.9.4.2 Lemonjet Studios will charge for the travel and accommodation cost plus a travel day cost to cover crew rates, equipment costs and expenses.
2.9.4.3 The travel day cost will be agreed upon in advance in the SLA.
2.9.4.4 Estimated travel and accommodation costs will be agreed upon in advance in the SLA but may be subject to change depending on availability and changing prices outside Lemonjet Studios’ control.

2.9.5 Editing
2.9.5.1 Editing charges are based on an estimation of how many days a project will take an editor to complete.
2.9.5.3 In the event the changes being requested by the client would require further production work, for example, further on-location filming and cannot be made in post-production, this will be considered as a separate job and another brief and cost will be agreed upon accordingly for the additional work.

2.9.6 Preproduction
2.9.6.1 Lemonjet Studios may be required to spend time planning ahead of a shoot or edit. This time will be known as preproduction.
2.9.6.2 Expected preproduction required and costs will be agreed upon in advance in the SLA.

2.10. Bookings pertaining to a video shoot

2.10.1 A booking is confirmed on receipt of an email communication or receipt of the payment amount agreed in the proposal or final SLA.

2.10.2 Cancellations pertaining to a video shoot
2. 10.2.1 Should the Client cancel after a video shoot booking is made, or fail to meet their responsibilities leading to a cancellation, or should the project run over an agreed expiry date 10% of the project cost as defined in the final SLA will be payable to Lemonjet Studios and non-refundable.
2. 10.2.2 Should Lemonjet Studios cancel a job 100% of monies paid by the Client will be refunded.
2. 10.2.3 Should Lemonjet Studios attempt to shoot and be unable to due to reasons out with their control they will arrange a reshoot, if possible, at no extra cost. If a reshoot is not possible then 50% of the project cost as defined in the final SLA will be refunded.

  1. 3 Changes to charges after a booking is made pertaining to a video shoot
    2. 10.3.1 Upon confirmation of a booking the project details as defined in the SLA is locked. Any change to this must be agreed by both Lemonjet Studios and The Client and will result in the drafting of a new SLA. Reducing the number of crew or rates is at the discretion of Lemonjet Studios.
    2. 10.3.2 Upon confirmation of a booking the booked equipment and agreed upon cost are locked. Any change to these must be agreed by both Lemonjet Studios and The Client and will result in the drafting of a new SLA. Reducing any costs is at the discretion of Lemonjet Studios.
    2. 10.3.3 The travel costs and general expenses agreed upon in the SLA are estimates and are subject to change. Lemonjet Studios will adjust these estimate with the cost price of the expense and can provide receipts to The Client.
    2. 10.3.4 Any changes to the charges will be added to or taken off of the 2nd invoice.

 

2.11. Editing – ALL video projects.

2.11.1 On completion of the edit, the client will be given 7 days to review the finished edit and request any changes. Lemonjet Studios will review the changes being requested and advise the agreed changes that will be made. These will be completed in a follow-up edit.

2.11.2 Any changes asked for by The Client outside the agreed scope of work as defined on the online product order page or, in the case of a bespoke video project involving a video shoot, the agreed SLA, will be considered as a separate job and another brief and cost will be agreed upon accordingly for the additional work.

2.11.3 Lemonjet Studios have the right to watermark work that is viewed by the client. This shall be removed on receipt of full payment.

 

2.12. Payment

2.12.1 Accepted method of payment: BACS Transfer, online payment via Paypal/debit/credit card.

2.12.2 Payment Instalments – only applicable to some video projects that include a video shoot
2.12.2.1 Payment as defined in the SLA will be required before filming starts.
2.12.2.2 Any additional costs for expenses that could not be definitively costed ahead of work being undertaken (travel, accommodation, parking, over-run of equipment hire and such) will be invoiced and payment in full required within 14 days and prior to the final version of the video being released to the client.

2.13. Refunds

2.13.1 Refund Requests – only applicable for videos that do not involve an on location video shoot.
12.13.1.1 On purchasing a video product, if on viewing the final edit of the video during the review cycle you are not happy with the final production you can request a full refund by sending a refund request email to refunds@lemonjet.com. Please note, once you have approved the video, you are no longer entitled to request a refund.
12.13.1.2 You are required to detail in the refund request email why you are not happy with the video.
12.13.1.3 All refund requests must be made prior to any approval by you resulting in the issue of the final version of the video where all lemonjet studios watermarks have been removed.
12.13.1.4 On receipt of your refund request, Lemonjet Studios will refund your payment in full within a reasonable working timescale (not in excess of 14 days).

 

2.14. Copyright

2.14.1 All intellectual property rights (copyright, designs, patents, etc) in all reference material supplied by you must be owned by or licensed to you and you must have all necessary permissions of individuals featured in your video. You retain the intellectual property rights (“IPRs“) in all reference material you supply.

2.14.2 The video will be branded with a Lemonjet Studios logo and tagline on the end-slate. Lemonjet Studios retains all IPRs in its trade marks and logos.

2.14.3 All IPRs in the video shall belong to Lemonjet Studios and/or its licensors for the full term of such rights and for all renewals and extensions of such rights. You hereby assign to Lemonjet Studios, with full title guarantee, all such IPRs (and waive or will procure the waiver of any equivalent moral rights) immediately on their coming into existence. You shall promptly at our request execute or procure the execution of any document Lemonjet Studios requires to enjoy the benefit of such IPRs.

2.14.4 Before Payment
2.14.1.1 Lemonjet Studios will own full copyright of all video footage, as defined in the Copyright, Designs and Patents Act 1988, until they receive payment in full by The Client.
2.14.1.2 Use of any work produced prior to payment being received shall be considered an infringement of copyright under the 1988 Act. As such Lemonjet Studios will be entitled to seek additional compensation.
2.14.1.3 Lemonjet Studios reserve the right to make use of the Digital Economy Act 2010 if required.

2.14.5 After Payment
2.14.5.1 Once Lemonjet Studios receive payment in full, the client will be granted use of final video production at which point all watermarks will be removed. Lemonjet Studios hereby grants the client, with effect from the commencement of the Review Period, a perpetual, non-exclusive, royalty-free, non-transferable, non-sublicensable, right to use the video (including any DVD of the video) for the promotion of the client’s business, in internet advertising (including banners), on websites, on your own premises and at trade or industry events.
2.14.5.2 Lemonjet Studios will have the right to keep a copy of all the video footage. Please not, however, Lemonjet Studios do not guarantee to keep a copy of the footage.
2.14.5.3 Lemonjet Studios is not obliged to provide customers with any raw or uncut footage captured from a filming shoot.
2.14.5.4 The client is not permitted to create any sort of derivative (digital or otherwise) product based on the video content, i.e. edit the video in any way in order to use any part of the video (footage from the video; image stills from of the video; voice over from the video, music from the video, graphics from the video).
2.14.5.5 Lemonjet Studios retain the right to use the video (in whole or in part) in company show reels and where it has been agreed in the SLA, in other video works as defined in the SLA.
2.14.5.6 Lemonjet Studios retain the right to embed the video publicly online on their website and on 3rd party websites such as YouTube and Vimeo.
2.14.5.7 Should the client not wish footage or the final edit to be made public this must be put in writing to Lemonjet Studios prior to the final video production (with watermarks removed) being delivered to the client.

2.14.6 Should Lemonjet Studios not receive complete and full payment for the project.
2.14.3.1 Should Lemonjet Studios not receive payment in full they will retain copyright of all video footage and the final video production. The footage is then theirs to use or sell as they see fit.
2.14.3.2 Lemonjet Studios reserve the right to recuperate costs by all legal means available, including, but not limited to such organisations as debt recovery agencies. All fees incurred will also be the liability of the client.

2.15. Branding

2.15.1 Lemonjet Studios reserve the right to place branding, such as their logo or sting, at the beginning and end of finished videos. Objections must be stated by the client in advance of the final video edit work being started.

 

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Services.

3.2 If you use the website to access account only information, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

4 Price, payment and service provision

4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.

4.2 For products for which a monthly service charge is applicable, you agree to pay the monthly charge for the Services, from the PayPal account or credit card, information for which you have or will have supplied to us. You authorise us to arrange withdrawal of funds on this card each month without further reference to you.

4.3 Payments are billed in advance on the same day as your initial order each month.

4.4 Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.

4.5 If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.

4.6 In the case of an ongoing service provision (such as monthly video SEO), you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.

4.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.

4.8 If we change the nature or provision of the Services, you may terminate this contract.

4.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.

4.10 You may not share or allow others to use the Services in your name.

4.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.

 

5 Cancellation of order

5.1 Cancelling an order

5.1.1. In the case of a video that does not involve on location filming, before taking receipt of your finished video product, you will have the opportunity to cancel your order. We will require you notify us by email to confirm your order cancellation. However, once you have confirmed your acceptance of the finished product we will no longer accept any request for a refund. Refer to 2.3.1 Refund Requests for further details.

5.1.2 For details re Cancellations pertaining to a video shoot refer to 2.3.2.

5.2 Where we have accepted your refund request, we will refund your product payment in full within 7 days or as soon as it practically possible.

 

6 Foreign taxes, duties and import restrictions

6.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

6.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.

 

7 Dissatisfaction with the Services

7.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us.

7.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.

 

8 Disclaimers

8.1 Lemonjet Studios cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, strategies or products. Nothing on this page, any of our websites or social media pages/posts, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers, performance numbers (such as, but not limited to Facebook likes, shares, or any search engine rankings) referenced here, or on any of our sites or social media pages and posts, are illustrative of concepts only and should not be considered promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a change of your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

8.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.

8.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any business. We would be grateful if you bring to our immediate attention, any that you find.

8.4 We give no warranty and make no representation, express or implied, as to:

8.4.1 the adequacy or appropriateness of the Services for your purpose;
8.4.2 the truth of any Content on Our Website published by someone other than us;
8.4.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
8.4.4 compatibility of Our Website with your equipment, software or telecommunications connection.

8.5 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

8.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.

8.7 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

8.7 The above two sub paragraphs do not apply to a claim for personal injury.

 

9 Your Material

9.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

9.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

9.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

9.4 You represent and warrant that:

9.5 you own the rights to all of the Material that you post or provide to us for production creation purposes;

9.6 any fact stated in your Material is accurate;

 

10 System Security

10.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

10.2 You may not use any software tool for the purpose of extracting data from our website.

10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

11 Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

11.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:

11.1.1 copyright works;
11.1.2 commercial audio, video or music files;
11.1.3 any Material which violates the law of any established jurisdiction;
11.1.4 unlicensed software;
11.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
11.1.6 links to any of the material specified in this paragraph;
11.1.7 pornographic Material;
11.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

11.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
11.2.2 The sending of junk mail;
11.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
11.2.4 Excessive and repeated posting off-topic messages to newsgroups;
11.2.5 Excessive and repeated cross-posting;
11.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
11.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.

 

12 Confidential Information and Intellectual Property Rights

12.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.

12.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

12.3 We also claim copyright to the content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

12.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

12.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

12.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

13 Your email address

13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

 

14 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

15 Miscellaneous provisions

15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15.8 This Agreement and Lemonjet Studios shall be governed by the laws of Scotland (expect where UK-wide legislation is in force) and as such the Scottish courts shall have exclusive jurisdiction in settling all disputes arising from these terms and conditions.

I have read and understood Lemonjet Studios terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and a condition to the notice of my parent or guardian, and that person has agreed that I may buy your Services.

Latest update to these terms and conditions: 15 July 2016