Terms and Conditions
Payment Policies & Expenses
(1) Loudbyte reserves the right to terminate this contract at any time for any reasonable cause. Such causes may be but are not limited to lack of payment, late payment or any other failure to comply with the conditions in this contract.
(2) A non-refundable retainer as stipulated by Loudbyte, is required within 3 days of signing this agreement. If no payment is received in 3 days, Loudbyte reserves the right to cancel this agreement. Failure to pay the remaining balance will forfeit your retainer and all additional monies paid. Loudbyte will be released from any and all contractual obligations.
(3) Cancellation of video/film/photography services for any reason, will result in forfeiture of Clients retainer. No exceptions. All sales and services are final. No refunds, exchanges or reductions.
(4) Loudbyte will not release any material, footage, previews or media to the Client until the payment is settled in full including any and all bank fees. In the event of insufficient funds for personal checks, the bank’s fee will be billed to the Client.
(5) Unforeseen expenses required to perform the services and or expenses arising from last minute changes or add-ons by the Client, will be billed to the Client. Client is responsible to secure parking for Loudbyte at all agreed upon locations. Any parking costs during the shoot will be billed to the Client. Receipts provided upon request.
(6) Prices for products and services offered may change at any time, and do not provide price protection or refunds in the event of a price reduction or promotional offering.
(7) If either party breaches this Contract or fails to uphold their obligations, including timely payment, in any legal action the successful party shall be entitled to recover reasonable costs and attorneys’ fees incurred in the enforcement of this Contract. Canceling your video/film/photography service for any reason, will result in forfeiture of your retainer and all additional monies paid. No exceptions.
(8) Under all circumstances, the liability of Loudbyte is limited to a pro rata refund of monies paid by the Client under this Contract.
(9) Client declares that all materials submitted to Loudbyte for assets are not in violation of any copyright or trademark laws. The Client will indemnify and hold Loudbyte harmless in respect to any claim of violation of such laws.
(10) Loudbyte must be notified in writing of any changes in the date, time, or location of the event or any other changes affecting its performance under this Contract, whether known or unknown at the time of this Agreement, no later than two (2) weeks prior to shoot date. Upon written notice of any changes in the date, time, or location of the event, it shall be within Loudbyte’s sole discretion to (a) deem the change to be a cancellation of this Contract by Client and retain the entire deposit as damages for the Client’s cancellation of the Contract; or (b) accommodate the changed date, time, or location of the event, at the rate in effect at the time of the change.
Production and Cooperation “Production” refers to products produced by Loudbyte as a result of the Quote provided to the Client.
(11) It is the Client’s responsibility to secure access to areas for the filmmakers/photographers and their equipment. Loudbyte will not be responsible for coverage lost due to access restrictions. The Client is aware that constraints of the physical environment can affect the quality and extent of video/film/photography coverage possible. The Client agrees to a cheerful and non-confrontation cooperation and communication for the best possible result of Productions.
(12) Loudbyte will not be held responsible for failure to perform any term or condition of this agreement as a result of conditions beyond its control such as, but not limited to, restrictions imposed by others, lateness of the Client or other principles, schedule complications, rendering of decorations, restrictions of the venues, constraints of the physical environment, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers and the same shall not be deemed a breach of this Contract or relieve the Client of their obligation to make full payment under this Contract.
(13) Loudbyte cannot guarantee coverage of outside events during inclement weather. The Client is responsible for obtaining all permissions and clearances, etc., and adequate shelter from inclement weather and extreme temperatures as required by Loudbyte to perform this Contract.
(14) For live events, Loudbyte will not be responsible for dropped signals, static, reverb, distortion, etc due to but not limited to the performance of the audio recording equipment. Client understands that the audio quality will vary depending on the acoustics and quality of the venue and the A/V’s equipment. Loudbyte will not be held responsible for poor acoustics for any performers or speakers.
(15) All aspects of filming/photography are at the sole discretion of Loudbyte. Client grants them full control regarding all aspects of production. Loudbyte makes no guarantee either expressed or implied in regard to aesthetic qualities of the products and services offered. Loudbyte makes no guarantee concerning any particular effect, request, specific pose, photograph, or film/video coverage. Images and footage are edited at Loudbyte’s discretion, and delivered proofs may not include all images shot. Loudbyte reserves the creative right to edit and release only materials deemed creditable as professional in quality and within Loudbyte’s artistic standards. Every effort will be made to assure satisfaction according to Loudbyte’s professional standards. Loudbyte is not responsible for Client’s or any third party’s subjective interpretations of filming, editing or photography.
(16) If there are physical deliverables, Client may make an appointment to pickup or ship. All shipped items are subject to shipping fees to be determined by the city, state and weight of package. Loudbyte reserves the right to change shippers at any time and are not responsible for packages lost, damaged or not picked up from missed deliveries. Loudbyte assumes no responsibility for loss or destruction of the footage, audio, negatives, prints, or flash drives, etc., once they are out of Loudbyte’s possession. Loudbyte highly recommends you back up and make multiple copies of your files to ensure preservation.
(17) Loudbyte and their employees are not authorized to give the Client computer or media assistance and cannot make any assessment about your particular make and model of computer, dvd player, BluRay player..etc. Any technical questions about what is needed to play the media that you are purchasing from us should be addressed with computer and media experts.
(18) All dates of delivery are an estimation. Should Loudbyte require additional time to complete a project for any reason, the Client will be notified in writing and issued a new estimated delivery, without any rate change or reduction.
Limited and Extended Usage Rights
(19) Except for any pre-existing intellectual property owned by Client and identified in writing to Loudbyte prior to the commencement of the Services, or as otherwise specifically set forth in this Agreement, Loudbyte will own all right, title and interest, including without limitation, all other intellectual property interest in and to all work product, including without limitation, all tools, processes and deliverables that are created for Client during the term of this Agreement. Loudbyte grants Client perpetual and unlimited usage online, trade-show and their place of business . Client may not re-edit or alter the product in any way without expressed written consent from Loudbyte. If the Client wishes to show the production(s) on Television, Film, Radio or any other mass medium now or in the future, the Client is required to obtain a written letter of extended usage rights from Loudbyte. A separate fee will be charged for this permission of rights letter. The amount for the fee charged for the letter will be decided at the discretion of Loudbyte based on the project type, size, number of stations (channels) to be broadcast on, length of broadcast (in months), length, other variables based on the project and amount of principal actors.
(20) Client has permission to reproduce photographic images from the digital files provided by Loudbyte.
(21) In signing this Contract, the Client, individually and as agent for all members of the party and guests, hereby grants to Loudbyte all rights for display, airing, exhibition, promotion, newsletter, contests, and advertising use of all footage produced under this Contract, and, on behalf of their legal representatives, employees and assigns from all claims and liabilities relating to use of said footage. Client waives any right to inspect or approve the footage or the use to which it may be applied, including any written copy that may appear in connection therewith. Loudbyte will always show Client, company and personnel in a positive light. The Client shall not use that footage in any negative manner toward Loudbyte, its associates, family, friends, acquaintances, other Clients, services, business or business practices including indemnification, bad reviews, slander or any other method that would reflect negatively to the parties listed previously. The Client also agrees to use said digital footage files for only its intended purpose.
(22) If the Client should request re-edits, revisions, minor adjustments, amendments, reordering, restyling or alterations to the finished product, all requests to be priced on time and cost unless stipulated in writing by Loudbyte in the quote or contract. Payment must be paid in full before any revisions can be scheduled to begin.
(23) This contract is confidential and is not to be shared with any 3rd parties and will take effect immediately, and shall remain in full force and effect indefinitely, or until terminated. This Agreement may be amended only by written agreement by an authorized representative of Loudbyte.
(24) No modifications to this Agreement shall be binding upon Loudbyte without the express, written consent of Loudbyte.
(25) Loudbyte reserves the right to update or amend these Terms and Conditions at any time without prior notice. Applicable terms and conditions will be those in effect at the time of Client’s contract signature.
(26) In no event shall Loudbyte be liable to the Client or Clients associates for any direct, punitive, incidental, or any consequential damages resulting from loss of data or injury. Client shall indemnify and hold Loudbyte’s agents harmless from all claims, suits, proceedings and expenses incurred based upon personal injury or injury to property.