Terms and Conditions
LIMITATION OF LIABILITY
• Except as required by law, Monkeyhut accepts no liability for any injury to any person, any loss or damage to any equipment or materials (including tapes), or any consequential loss suffered by any client during or after Monkeyhut’s provision of Services, facilities or materials, from any cause including faulty materials or equipment supplied by third parties, and any act or omission of Monkeyhut or its agents.
• The client indemnifies Monkeyhut from and against all actions, proceedings, claims, demands, costs, losses and expenses made against Monkeyhut or incurred by Monkeyhut in respect of any infringement of any law for the time being in force, copyright or any action for royalties, performance fees, or defamation, or otherwise in relation to the Services or this agreement.
• If a client’s film, video tape, harddrive or other recording medium is damaged as a result of Monkeyhut’s negligence during production or in storage, then Monkeyhut shall be responsible for the replacement of the damaged film/tape/harddrive or its equivalent value in cash, only with respect to the purchase value of the raw film stock, video tape, harddrive or material supplied. This is to be undertaken without liability whatsoever for the recorded contents of the film or video tape, digital files contained on the harddrive or material supplied so damaged.
• Monkeyhut shall not, in any way, be liable to a client if it shall be unable to provide any facilities or services, or for any loss or damage caused to the client, as a result of a trade dispute or any other circumstance whatsoever outside Monkeyhut’s control.
CLIENT’S EQUIPMENT AND MATERIALS
• Monkeyhut shall not be responsible for the safety of any client’s materials, whether on the premises, in production, in storage (on site or not) or in transit.
• All tapes (masters, data and associated electronic media components) are stored by Monkeyhut at the client’s risk. This service is provided free of charge for the first 12 months. After 12 months Monkeyhut may contact clients to discuss whether master tapes should be returned to the client or destroyed.
• The client is solely responsible for ensuring that anything that is required to be done by Monkeyhut for the client, does not breach the legal rights of any other persons, or any law in force in Australia, Thailand or elsewhere.
• The client indemnifies Monkeyhut against action, proceedings, claims, demands, costs, losses or expenses arising from any such breach.
• Monkeyhut is unable to guarantee the final products, should the material provided by the client not be to the standard or quality that Monkeyhut requires.
• The client will effect all necessary insurance in relation to any material left in the custody of or in transit to and from Monkeyhut by the client.
ACCEPTANCE OF QUOTE
• You may accept our offer to provide to you the Goods and Services as outlined in this Quotation by signing this quote and returning it to us. Should we not receive such a signed copy but you continue to instruct us, then you will be taken to have accepted this Quotation and accompanying Terms and Conditions.