Terms & Conditions

Popcorn Productions hereon is referred to as "The Company". Work means the articles, services or things described in the contract between The Company and the Client.

Any invoice that remains unpaid by the 28th of the month following the due date will have interest at 4% over the bank's base rate added to it from the date of invoice.

Interest will continue to be added monthly until the invoice is paid. In addition, all services held on The Client's behalf will be cancelled and any surcharges arising as a result will be passed to them.

All other Work in progress will also cease and the Work completed up to the date charged to The Client. The Company reserves the right to delay the completion of any of the Work if any interim invoices remain unpaid.

The Company may subcontract any part or parts of the Work. The Company may contract with providers and suppliers for certain services and unless otherwise stated, all contracts with providers and suppliers are made in accordance with provider's rates or standard conditions. The rights and liabilities between The Client and The Company will correspond to those between the various providers and suppliers under such standard conditions, including the terms applied in respect of cancellation of contracts with third parties that The Company has made on the Client's behalf.

The Company retains the copyright in relation to all Work created, prepared or acquired for The Client until receipt of final payment. The Client will not make any use of Work originated by The Company without prior written consent.

If The Company makes a presentation whether physically or digitally to The Client any information and ideas contained therein belong exclusively to The Company and must be treated as confidential information and may not be used or disclosed in any form without written permission. Whilst The Company shall use all reasonable care and skill to carry out the Work for The Client, The Company shall have no liability to The Client for any consequential loss which The Client might suffer rising from connection with The Company's services or the finished Work.

The Company's total liability to The Client for any other loss that The Client might suffer, which arises out of this agreement, shall not exceed the total charge made for the Work. The Company shall not be responsible for errors or omissions in the Work once accepted by The Client.

The Company shall not be liable for any delay in, or failures in services in the absence of default or neglect on The Client's part. Whilst The Company can accept no liability for the compliance of the Work with advertising codes and with statutory requirements it is asked ask that in order to satisfy these requirements The Client agrees to supply materials with objective factual evidence, if so required, in support of any product claims to be made. The Client will inform The Company if they consider that any claim made in any copy submitted by The Company for approval is incorrect or misleading, in relation to The Client's product or service.

The Client shall indemnify The Company against any claims, costs and expenses arising out of the completed Work, including the alleged infringement of a third party's copyright or other intellectual property rights. This indemnity shall extend to any additional costs incurred by The Company as a result of The Client changing instructions after approval has been given at any stage in the Production Schedule.

The contract may be terminated or suspended at any time by either The Client or The Customer by giving the other one month's (or such other period that has been agreed) prior written notice or if there is a breach by either regarding these Terms and Conditions of Business, and the party in breach fails to remedy such breach within 14 days of receiving notice from the other party, asking them to do so on expiry of such notice.

The contract shall terminate immediately if The Client ceases to pay debts in the ordinary course of business or cannot pay debts as they become due or, if you are a company deemed to be unable to pay debts or, have a winding up petition issued against them or, if they, as an individual, becomes bankrupt or has a bankruptcy petition against them. On termination or suspension of the contract The Company shall immediately cease work and be entitled to require payment (which may be up to the full amount of estimate or quotation given) together with all third party expenses incurred on The Client's behalf during this contract.

On termination or suspension of the contract if any invoice remains unpaid The Company shall have the right to retain any of The Client's work and property which may have left in The Company's possession or Work carried out to date, and shall be entitled, after 14 days from the date of termination of the agreement, to dispose of those work or property in a way and at a price they deem fit, using the proceeds towards the amounts owed to them by The Client.

If due to war, strikes, lockouts, accidents, fire, blockade, import or export embargo, ice obstruction, hijack, natural catastrophes or other obstacles over which The Company has no control, with a result in a failure to complete the Work in the manner and within the time required, The Company shall not be held responsible for any loss or damage which may be incurred by The Client as a result of such failure.

The Company acknowledge a duty not to disclose without permission during or after the term of appointment any confidential information resulting from studies or surveys commissioned and paid for by The Client.

The Client, in turn acknowledges The Company's right to use as they see fit any general marketing or advertising intelligence in the field of the product or service that has been gained in the course or their appointment. Scottish Law shall govern our contract. VAT is incurred on The Company's invoices where appropriate at the prevailing rate.
The Company will issue invoices either at the completion of each stage of the agreed Production Schedule or on a monthly basis as advised by The Client.

Unless The Company has agreed credit terms with The Client invoices are due for payment within 7 days. It is important for continuing good relationship that payment terms are fully accepted and understood. Some suppliers/providers require payment in advance.

The Client agrees to pay interim invoices in respect of such services within the duration outlined above.