Terms & Conditions 

NAT DAWSON CREATIVE – TERMS AND CONDITIONS OF TRADING

Welcome to my website. By continuing to browse and use this website you are agreeing to  comply with and be bound by the following terms and conditions of use, which together  with our privacy policy govern Nat Dawson’s relationship with you in relation to  this website.

The term ‘NAT DAWSON CREATIVE‘, ‘Nat Dawson, or ‘us’ or ‘we’ or ‘I’ refers to the owner of the website.  The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

Regardless of booking method any work carried out by Nat Dawson will be  subject to these terms and conditions

regardless of circumstance.

1. General

(i) Nat Dawson Creative are engaged in the business of providing certain facilities  and services including:-

1. a) Consultancy in creative live entertainment.
2. b) The provision of the services of suitably qualified employees in connection with the  above.

Nat Dawson Creative provide facilities and services including (but not limited to)  those specified above on the basis of these

Conditions which shall apply to all bookings, however made or accepted, shall form part of  every contract between a customer and Nat Dawson Creative, and shall prevail over any  terms and conditions contained or referred to in any communication from the customer,  except insofar as otherwise expressly agreed in writing by a Director of Nat Dawson Creative.

(ii) Nat Dawson Creative’S responsibility is restricted to the supply of the facilities  and services. In particular unless otherwise agreed, Nat Dawson Creative’s  responsibility does not extend to any matter normally falling within the province of a  director, agency or producer of any material or content. The customer is responsible for  ensuring that any creative material is correct, operationally sound and complete in all  respects as regards both form and content before use is made there of or the same is removed from Nat Dawson Creative’s premises.

(iii) Where Nat Dawson Creative agrees to provide additional services and facilities  including the services of a producer or director or consultant the respective rights and  obligations of Nat Dawson Creative toward the customer will be changed to suit  the specific project.

2. Bookings and Cancellations

(i) Bookings may be made verbally (including by telephone) or in writing (including e-mail).  Every booking made shall be subject to these conditions of trading and the facilities and  services shall be provided at the rates specified in Condition 4 below (“the agreed rates”).

(ii)

1. a) If notice of cancellation of a booking is received by Nat Dawson Creative less than ten working days prior to the schedule start time, the customer shall pay Nat Dawson Creative a cancellation fee equivalent to the rates payable for all facilities and services booked, regardless of whether any facilities or services had been rendered in  respect of the project. For the purpose of this sub-paragraph the scheduled start time will  be the hour at which the provision of the facilities and services is first scheduled by Nat Dawson Creative to commence.
2. b) In addition to any cancellation charge under sub-paragraph (a) above, Nat Dawson Creative shall in the event of cancellation of the booking (whenever occurring) be  entitled to reimbursement by the customer for any amounts payable to subcontractor or third parties in connection with the booking together with any handling charge or costs  incurred by Nat Dawson Creative as Nat Dawson Creative may see fit to  charge.
3. c) Where a client or Nat Dawson Creative sets a specific deadline for provision of  facilities or services it is the customers sole responsibility to ensure all approvals are  completed in good time to meet the deadlines.
4. d) Any customer who fails to meet to deadlines or approval deadlines will incur the costs of  overtime required for Nat Dawson Creative to complete the project changes.

(iii) Should Nat Dawson Creative feel the client has not requested the correct  services or has forfeited the instruction from Nat Dawson Creative of specific  services required to correctly complete the project this remains the liability of the client.

(iv) Nat Dawson Creative shall not be liable for any costs required for additional  services to be rendered in order to complete the project to a satisfactory level if a client  incorrectly books services with Nat Dawson Creative.

3. Customer’s Warranty

(i) Where Nat Dawson Creative create or copy media containing film or videotape  material provided by the customer the

customer warrants:-

1. a) that any copy made by Nat Dawson Creative of media will not infringe any  copyright or trademark or other proprietary right or

interest of any third party;

1. b) that the material does not contain any matter defamatory of any person; c) that the material is not offensive or obscene;
2. d) that the copying of the material is not illegal or tortuous or otherwise gives rise to any  liability on the part of the

customer or Nat Dawson Creative.

(ii) The customer warrants that it has or has obtained all rights, licenses, permissions or  consents necessary for the

facilities or services required to be provided to it by Nat Dawson Creative. Written  proof is requested in such circumstances.

(iii) Nat Dawson Creative  expressly reserves the right in its sole discretion and  without prejudice to its other rights to refuse to

supply facilities and services to the customer if it is discovered that any of the matters the  subject of this warranty

have occurred or Nat Dawson Creative has reasonable grounds to suspect that any  such matter is likely to occur and in such

circumstances the refusal to supply or any cancellation of any booking consequent thereon  shall be treated as a

cancellation of a booking by the customer for the purposes of Condition 2 above and the  customer will become liable

for payment of all services booked regardless of whether they were received. 4. Payment

(i) Subject to the further provisions contained in this condition 4 the customer shall pay for  the facilities and services

supplied to it at the rate set out in Nat Dawson Creative’s current price list together with any Value Added Tax (if applicable).

(ii) In certain circumstances the rates set out in Nat Dawson Creative’s current price  list may be subject to adjustment as

follows:-

1. a) If an agreement is reached between Nat Dawson Creative and the customer to  vary Nat Dawson Creative’s current price list at the time

the booking is made or subsequently (written confirmation from Nat Dawson Creative must be received by the customer and the

customer must present this with any payments).

1. b) If at any time between the acceptance of a booking and its execution the charges of any  sub-contractor engaged by

Nat Dawson Creative to supply any of the facilities and services shall be increased  the amount payable by the customer shall be

increased by an equivalent amount.

1. c) If the facilities and services are provided by the Nat Dawson Creativeoutside the normal working hours, the customer shall

have to pay in additional to the Nat Dawson Creative daily rate at Nat Dawson Creative’s  hourly rate together with Value Added Tax

thereon at the rates for the time being charged by Nat Dawson Creative for such  provision.

1. d) All rates agreed by Nat Dawson Creative are only valid for 30 days from any  quotation made by Nat Dawson Creativefor the

customer.

1. e) If Nat Dawson Creative in its sole discretion considers this necessary to take  account of any unusual or special circumstances

this can be taken without any written notice to the customer.

(iii)

1. a) A customer who has established a credit account with Nat Dawson Creative shall  pay the full amount of any invoice in respect

of the agreed rates, overtime hourly rates, expenses and the charges and costs referred to in  Condition 6 below

(together with all VAT thereon) within 30 days of the invoice date without any deduction  unless returned with written

instruction from Nat Dawson Creative instructing such modifications to the invoice  amount or repayment duration.

1. b) A customer who does not have an established credit account with Nat Dawson Creative shall pay the full amount of any

invoice prior to the provisions of facilities and services without any deduction or deferment  in respect of any disputes

or claims.

1. c) Where full payment is not received by Nat Dawson Creative before or on the  date due, interest shall accrue on the sum

outstanding at the rate of 10% per month, without prejudice to Nat Dawson Creative to  receive payment on the due date. The

customer shall reimburse Nat Dawson Creative or any costs incurred in the course  of recovering late payment.

1. d) Nat Dawson Creative reserves the right to withdraw credit facilities at any time  without notice if any amounts due to

Nat Dawson Creative remain unpaid beyond the due date. In such circumstances  the customer shall be treated as not having an

established credit account and the provisions of Condition 4 iii b) above shall apply. 5. Media, usage and storage etc.

(i) Nat Dawson Creative are not liable for the loss or damage of material or  property kept on Nat Dawson Creative’s premises or in transport from a location to Nat Dawson Creative or other location while left in trust with Nat Dawson Creative; regardless of circumstance

(ii) If the customer requests in writing that any materials supplied to Nat Dawson Creative be insured against loss, damage, fire,

theft and flooding, they should inform Nat Dawson Creative of the period for which  the material should be insured and to what

value including any information that will affect a suitable policy of insurance through Nat Dawson Creative’s insurers.

Nat Dawson Creative shall not be liable for any failure to affect such a policy of  insurance nor for the sufficiency of any policy

arranged either as regards to the risks insured against or the amount covered. Unless the customer makes such a request and such a policy of insurance is arranged the  value of the film, videotape

or similar material shall not be deemed in any way the responsibility of Nat Dawson Creative without any account being taken of

the intellectual value of the material recorded thereon.

If such a policy is arranged then Nat Dawson Creative will hold the proceeds  thereof in respect of any loss or damage to the

material insured for the benefit of the customer in respect of such loss or damage. The customer shall reimburse Nat Dawson Creative for any cost including any  handling charge, administration and insurance

costs appropriate that are incurred by Nat Dawson Creative in effecting any such  policy of insurance.

(iii) The making and reproduction of material may involve the use of material belonging to  the Customer or Nat Dawson Creative,

all at the discretion of Nat Dawson Creative.

(iv) Upon the completion of services for the customer by Nat Dawson Creative all  media used to create the output material will

be returned to the customer and becomes their sole responsibility. Any material not  collected within one month of the

completion of the project will accrue a storage charge. Nat Dawson Creative do not  keep any tape copies of any work,

Nat Dawson Creative do though back-up some projects onto digital drive storage  on the specific request of the client. Recovery

of these backups as and where they have been made is done at the cost of the client. (v)

1. a) Property in any material belonging to Nat Dawson Creative shall remain the  property of Nat Dawson Creative as legal and equitable

owner and will not pass to the customer. With this responsibility Nat Dawson Creative will create back-up versions of all output

and at the instruction and cost of the customer and will also backup all the material used to  create the output at the

stated Nat Dawson Creative archiving rate together with Value Added Tax. b) Nat Dawson Creative shall also be entitled to restrict the customer by way of an  injunction from using or dealing with any

such material in any manner until the full payment as aforesaid has been received by Nat Dawson Creative.

(vi) Nat Dawson Creative shall have a general lien upon all tapes and other goods of  the customer in the possession of

Nat Dawson Creative up until the full payment for services and facilities supplied by Nat Dawson Creative.

(vii) All media created or edited by Nat Dawson Creatives done so on a usage  limitation of one year unless specifically stated

otherwise.

6. Exemption and Limitation of Liability

(i) All implied conditions and warranties, statutory or otherwise are hereby excluded. (ii) Nat Dawson Creative shall not in any way be liable to the customer if it shall be  unable to provide any of the facilities or

services as a result of any circumstances whatsoever outside the control of Nat Dawson Creative; this includes where

Nat Dawson Creative could have supplied the correct facilities but has not been  booked to do so.

(iii) In the event of the defective working stoppage or a breakdown of any equipment hired  to the customer or in the

event of any other failure by Nat Dawson Creative to perform its obligations  hereunder due to circumstances within its control,

Nat Dawson Creative will use its best endeavours to remedy the situation without  delay. Save as aforesaid Nat Dawson Creative shall be

under no liability whatsoever in respect of such breakdown, stoppage or defective working  or other failure to perform

its obligations.

(iv) Nat Dawson Creative shall not be liable for any loss of or damage to any  property of the customer howsoever arising,

whether or not the same is caused by negligence of Nat Dawson Creative or its  servants, agents or subcontractors or other

persons for whom Nat Dawson Creative is vicariously liable.

(iv) Nat Dawson Creative aggregate liability (if any) to the customer whether for  negligence, breach of contract,

misrepresentation or otherwise shall in no circumstances exceed the total of the agreed  rates (adjusted where

appropriate) and in no circumstances shall Nat Dawson Creative be liable for any  loss, damage or injury direct or indirect resulting

from defective material, faulty workmanship or otherwise howsoever arising and whether or  not caused by the

negligence of Nat Dawson Creative, its servants or contractors or agents save that Nat Dawson Creative shall accept liability for death or

personal injury caused by the negligence of Nat Dawson Creative. 7. Indemnities by Customer

(i) The customer shall fully indemnity Nat Dawson Creativeor (where relevant) its  sub-contractors from and against all actions,

proceedings, claims, demands, damages, fees, costs, losses and expenses or other liabilities  whatsoever made against

or incurred or suffered by Nat Dawson Creative by reason of or in respect of: – a) Any infringement of copyright or trademark or any passing off or any other infringement  of or interference with any

proprietary right or interest of any third party or any liability for defamation or obscenity  arising out of any materials

made or reproduced by or on behalf of the customer or any other of the facilities and  services provided by Nat Dawson Creative

for the customer

1. b) Any breach by the customer of any of these Conditions
2. c) Any personal injury or death or loss or damage to property caused by or arising out of or  in connection with the use

by the customer, its servants, agents or sub-contractors for the purpose of or in connection  with the provision

hereunder of facilities or services by Nat Dawson Creative except where the same  is attributable to the negligence or breach of

contract of Nat Dawson Creative or its servants, agents or sub-contractors. (ii) The customer shall fully indemnify Nat Dawson Creative or (where relevant) its  sub-contractor for any loss of or damage to

any equipment belonging to or hired out by Nat Dawson Creative or its sub contractor caused by or arising out of or in

connection with the use thereof by the customer, whether or not the same is attributable to  any negligence or breach

of contract by the customer with the exception of fair wear and tear.

(iii) No equipment may be removed by the customer from Nat Dawson Creative’s  premises without express consent of

Nat Dawson Creative in writing.

(iv) For the purpose of this conditionNat Dawson Creative contracts for itself and  as trustee for its sub-contractors.

8. Credits and use of Material by Nat Dawson Creative.

(i) The customer shall ensure that appropriate screen credits are given in respect of the  facilities and services supplied

by Nat Dawson Creative unless specifically requested by Nat Dawson Creative.

(ii) In consideration of the supply of the facilities and services to the customer by Nat Dawson Creative the customer hereby

grants Nat Dawson Creative the right to utilise such part or parts of the materials  produced by or in connection with the supply

of the facilities and services by Nat Dawson Creative for the customer as Nat Dawson Creative may in sole discretion consider necessary or

desirable for its own advertising and promotional purposes.

9. Termination

If the customer shall make default in or commit a breach of any contract with or any other of  his obligations to

Nat Dawson Creative, or if any distress or execution shall be levied upon the  customer’s property or assets, or if the customer

shall make or offer to make any arrangement or composition with creditors, or commit any  act of bankruptcy shall be

presented or made against him/her, or if the customer is a limited company and any  resolution or petition to wind up

such company’s business (other than for the purpose of amalgamation or reconstruction)  shall be passed or presented,

or if a receiver of such company’s undertaking, property or assets or any part thereof shall  be appointed or if any

circumstances or events shall occur which in Nat Dawson Creative’s opinion  indicate that it is likely that any of the foregoing

may occur or that the customer may not perform its obligations under any contract with Nat Dawson Creative. Nat Dawson Creative shall have the right without prejudice to any other claim, right or remedy forthwith to terminate  in whole or in part any

contract(s) then subsisting. Nat Dawson Creative may exercise such right to  terminate upon notice of such termination being

posted or delivered by hand to the customer’s last known address or sent by email to the  suitable electronic address.

Notices sent by either format (writing or email) will be given seven days after despatch or  any part thereof shall be

deemed to have been so terminated. Nat Dawson Creative shall be entitled to  payment in respect of the facilities and services

rendered prior to such termination and/or declare immediately due and payable any  account and/or withdraw the

customer’s right to credit or shorten the applicable credit period and/or repossess any films,  videotapes or other such

material or equipment belonging to Nat Dawson Creative in the possession of the  customer and for this purpose enter upon

premises of the customer and Nat Dawson Creative reserves the right at its  election to call upon the customer and the customer

agrees to assign to Nat Dawson Creative any and all copyright in any materials  recorded on the medium pursuant to these

conditions of trading or to grant to Nat Dawson Creative full right title and license  to use such material for such purposes as

Nat Dawson Creative shall deem fit.

10. Sub-Contracting

Nat Dawson Creative shall be entitled to procure the performance of the whole or  any part of any contract with the customer by

a sub-contract.

11. Proper Law and Jurisdiction

These conditions shall be read and construed in accordance with the laws of England and  the customer agrees to

submit to the jurisdiction of the English courts. The rights of Nat Dawson Creative hereunder shall be additional to any rights

arising at common law or otherwise.

Nat Dawson Creative

telephone : +44 (0)7590830343 . e-mail : nataliedawsoncreative@gmail.com

www.natdawson.com