This site is published in Scotland and the laws, authorities and courts of Scotland shall have absolute precedence with regard to any matter arising in relation to the use or publication of this site

This site is published by and represents:

Matt Quinn Ltd, a Limited Company, registered at Edinburgh number SC316846 having its registered office at 15a Smithy Brae, Kirknewton, West Lothian, Scotland EH27 8AQ. VAT NUMBER 934 4061 37

Telephone +44(0)141 404 7485

Email admin@matt-quinn.com

Terms of access to and use of this website.

1) By accessing this internet site by any means or by any route you specifically warrant that you have read, understand and fully and without reservation accept these terms of access and that you enter into contract with us that you will adhere to in relation to these terms.

2) You may access and use this website, its contents or part thereof only for purposes that are all of peaceful, legitimate, without the intent of harm or malice directed against anyone or anything and wholly lawful with respect to the laws of Scotland, the United Kingdom, the territory from which you access the site and additionally such rules and regulations as may be imposed by your own internet service provider, telecommunication systems provider and any system upon which this internet site is hosted or transmitted.

3) You specifically agree and undertake that you will not, without the express written permission of the copyright owner copy, re-distribute, extract, store, reverse-engineer or otherwise manipulate any content, text, code, image, file, sound, video, or other component of this website in any way whatsoever for any purpose whatsoever except in so far as be necessary on a strictly temporary basis for the sole purposes of displaying viewing or hearing such material as intended by its author. You specifically agree that any such item so stored will be erased or disposed of from that storage facility immediately on terminating the program or session that necessitated its creation and that such items so stored will not themselves be copied, extracted reverse engineered or otherwise manipulated in any way. You further warrant that you will not cause or permit any such temporary files to be accessed directly or indirectly by any other means whatsoever.

4) You acknowledge and accept that any and all creative works accessible through this website which have been originated by Matt Quinn or Matt Quinn LTD or any agent under the commission of Matt Quinn or Matt Quinn LTD are the copyright property of Matt Quinn and that he and he alone is the sole proprietor of any and all intellectual property rights pertaining to this site and such component parts.

5) You further acknowledge cognisance of the fact that material which has not been originated by Matt Quinn or Matt Quinn Ltd or any agent under the commission of Matt Quinn exists on this website under license from the copyright owner. You warrant cognisance of the fact and acknowledge that Matt Quinn, Matt Quinn Ltd and any employee or agent thereof can and will be held harmless and co-operate fully with any legitimate investigation and bear due witness to any breach of such copyright owner's rights.

6) You warrant cognisance of the fact and acknowledge fully that each and every component of this website which is located or stored in any place or in any form whatsoever, whether virtual or real, transmitted or disseminated by any means or copied in any way whatsoever without the express written permission of the copyright owner shall constitute a breach of the owner's intellectual property rights.

7) You warrant cognisance of the fact and acknowledge fully that in respect of any and all components of this website for each and every breach of the owner's intellectual property rights the copyright owner shall be fully entitled without prejudice to any other right or remedy to enforce a retrospective license fee of thirty five thousand pounds sterling for each and every item for each and every calendar year or part of a year in which such a breech occurred or does occur. Grant of such a license shall not prejudice any other right or remedy of the copyright owner that may exist either under the laws of Scotland, the United Kingdom or any other territory. Grant of such a licence will not oblige or imply the copyright holder to extend or renew that licence for any other period. Additionally you warrant cognisance of the fact and acknowledge fully that the copyright owner shall be entitled to recover from you each and every item of expenditure necessary to enforce such a license fee.

8) You warrant cognisance of the fact and acknowledge fully that the minimum commercial value of each and every original text, photograph, video clip or other item of intellectual property originated by Matt Quinn/Matt Quinn Ltd in respect of a one year, single instance, non-exclusive licence is thirty five thousand pounds sterling as of November 8th 2007 and that this figure may be reviewed upwards on a daily basis in line with inflation and/or such other commercial factors as may affect its value.

9) You warrant cognisance of the fact and acknowledge fully that any and all individual or time-limited offer to license any item of intellectual property at rate lower than its set commercial value as defined above is a discounted rate and shall in any way affect that set market value nor shall it prejudice any right to recover the full commercial value in respect of any breach of the intellectual property owner's rights.

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Terms and conditionsof Business

The following terms of business are those under which we offer goods, services and carry out any and all other commercial activities. And on which all Company policies and procedures are based. By commissioning, engaging or otherwise obtaining any kind of service, goods or items from Matt Quinn and/or Matt Quinn Limited, or attempting to do so, you enter into a contract, which may be written, verbal or implied, the terms of which acknowledge that you have read, fully understand and accept these terms and conditions of business.

Definitions.

The terms "we", "us", "our" and "the Company" in this document refer jointly and severally to Matt Quinn and Matt Quinn Limited their agents employees and any person or entity acting with the authority or under the control of Matt Quinn or Matt Quinn Limited.

The terms "you", "your", and "the client" refer to any person, group, organisation or entity that acts, may act, or enters or may into contract, whether written verbal or implied, to obtain goods or services from Matt Quinn or Matt Quinn Limited.

The term "work" means the provision or supply of goods, physical or virtual items, intellectual property or services of any kind by the Company, its agents or employees.

The term "pre production" means the development of scripts, schedules or such other material or the carrying out of such activities as may be deemed necessary by the Company to facilitate the acquisition of film, video, photographs or other such audio visual material as may form the whole or part of a television programme or other audio or visual or media presentation.

The term "programme" means a television programme or other audio or visual presentation whether presented on tape, disc, or such other medium or by whatever delivery method or platform as may be appropriate.

The terms "production" and "filming" mean the acquisition of film, video, photographs or other material as may form the whole or part of a television programme or other audio or visual presentation.

The term "post production" means the manipulation of film, video, photographs or other material as may form the whole or part of a television programme or other audio or visual presentation.

The term "working day" means the hours from 9am to 5pm, Monday to Friday inclusive with the exception of Scottish bank, statutory and public holidays, and any day falling between the 22nd of December and 8th of January inclusive.

The term "goods" means audio, video, multimedia, photographic, artwork, scripts, schedules, proposals, documents graphic material, intellectual property or other artefact supplied in any form or format whatsoever by Matt Quinn or Matt Quinn Ltd.

GENERAL PROVISIONS

1) You, the client, are dealing with Matt Quinn, trading as TFGtv, Clydeside Television Productions, Clydeside Media Productions or such variations of these trading styles or additional trading styles as he may deem appropriate to adopt from time to time.

2) Administrative and support services are provided by Matt Quinn Ltd and, without exception, whether carried out by Matt Quinn as an individual or undertaken by Matt Quinn Ltd under any trading style and whether on a commercial basis or otherwise, all activities are conducted under these terms of business.

3) Any person, group, organisation or entity that acts or may act to obtain goods or services of any kind from Matt Quinn or Matt Quinn Limited enters into a contract with us, which may be verbal, implied or written, and which accepts and agrees to in full and without reservation these terms and conditions of business.

4) Where the client is acting as agent or representative of a third party, and obtains the services of Matt Quinn or Matt Quinn Limited on behalf of such a third party, the client shall make available these terms and conditions to that third party and that third party shall be fully bound to them as if they were a part, agent or employee of the client.

5) Matt Quinn Limited's registered office is at 15a Smithy Brae, Kirknewton, West Lothian EH27 8AQ. The Company is registered in Scotland. No. SC316846.

6) All agreements and representations entered into by Matt Quinn/Matt Quinn Limited are made under Scots law and in the event of any dispute the laws and courts of Scotland shall have absolute authority and precedence over any other with respect to any interaction or agreement entered into with us.

7) The Managing Director of Matt Quinn Ltd is Matt Quinn who is also sole proprietor of TFGtv, Clydeside Television Productions and Clydeside Media Productions. He has the sole authority to grant indulgence or authorise any variance to either our general terms of business or any other agreement we may have entered into. No such variance will stand unless entered into in writing and signed personally him

8) We do not provide production services to private individuals. All transaction are deemed to be on a business to business basis and by placing an order with us you warrant that you are a business or professional buyer of our services.

9) Any confidential or proprietary information which is acquired by us from a client Company, person or entity and is identified or advised as such to us will not be used or disclosed to any person or entity, except when required to do so by law. If required, will sign and adhere to the conditions of any Confidentiality Agreement used by the client.

10) Client contracts may be modified only by mutual agreement in writing at any time to add or delete services to better fit the customer's needs.

11) If a project requires additional content this is, in effect, a contract change. At our discretion an addition may be made to the original project specification and, once approved by Matt Quinn becomes contractually binding under these terms and conditions.

12) Either we or the client may terminate the agreement at any time by giving seven days written notice of termination to the other party.

PAYING FOR OUR SERVICES

13) The client agrees not to present any cheque, payment, voucher or other form of payment which they have any reason to believe or suspect might not be honoured or to which they have no lawful title. This includes but is not limited to unsigned, incorrectly completed or wrongly dated cheques.

14) All payments must be made by cheque, drawn in Pounds Sterling from a UK bank.

15) The client agrees not to present or attempt to present or tender payment or monies which only partially meet their outstanding liabilities as being in full and/or final settlement and acknowledges and agrees that any phrase to that effect attached or appended to a payment shall have no meaning whatsoever nor will it lessen in any way the client's liability to us save for the degree to which the payment reduces the client's total indebtedness.

16) The client further acknowledges and agrees that payments or monies tendered by clients which only partially meet the client's outstanding liability to us will not, under any circumstances constitute full or final settlement of those liabilities.

17) In the event of any payment from the client being dishonoured or becoming overdue the client agrees that we may add in full, the entire cost of any and all bank charges, administration costs, expenses and losses we may incur as a result together with the entire costs of recovery of such sums that are due to us from the client. This includes but is not limited to all legal, third-party, court and agency and out-of-pocket fees and expenses that are deemed necessary by us to incur in order to protect our interests.

18) No work will be done nor services provided or progressed unless all deposits and required stage payments or interim invoices are in paid in full by the due dates. Where a stage payment or interim invoice becomes overdue we reserve the right to halt any work in progress and immediately hold the client fully liable for any and all work done and/or expenses accrued to that date.

19) We do not offer any form of credit terms. Invoices are due on presentation and you acknowledge that we normally expect them to be settled within 14 days and they are deemed to have become overdue on the 35th day after the date of issue.

20) You agree that If payment is not received by us within 35 days of the invoice issue date, we may impose an ongoing administrative service charge in respect of the work we deem necessary to deal with your account .

21) Whether tendered in cash or by cheque payment will only be considered as received and liabilities discharged when funds have properly cleared into our bank account and the date payment is made shall be the date such funds are cleared. The minimum period for cheque clearance is seven days and the company shall not unreasonably delay the presentation of any cheque tendered.

22) Our fees are exclusive of disbursements and expense items related to the agreed work such as (but not limited to) messenger services, postage, telephone charges, photocopying, photography and prints, disk or tape duplications, consumables, creation of audio and video streaming files, travel, accommodation, subsistence, fax charges and similar items which may be invoiced to the client on the relevant project billing, or separately as is, in our opinion ,necessary.

23) Package rates and any other discounts or deviation from our standard published rack rates are offered as a privilege and an indulgence on the basis and strict understanding that the client fully meets our terms of business and that they settle their deposit, stage payment, interim invoices and final invoices within the time frames defined by us. Any failure to meet payment deadlines or any other breach of contract or our terms and conditions may result in full rates being applied at the rate in effect at the time of the breach and the withdrawal of any and all discounts.

24) Prior to the commencement of any pre-production or other preliminary work a sum equal to 20% of the estimated total invoice must be paid as a deposit and first stage payment. By lodging such a sum with us, whether a written agreement exists or not, you enter into a contract the terms of which expressly acknowledges and accepts these terms of business.

25) On completion of any pre-production or other preliminary work, and on acceptance of our proposals for production and in any case at least 14 days before the commencement of any production work a stage payment equal to a further 20% of the estimated total invoice together with the cost of all projected third party fees, projected accommodation costs, extraordinary travel costs and other projected outlays must be lodged with us.

26) Where we judge it appropriate or necessary we may issue, by way of a stage payment, an interim invoice which requires the client's account to be brought up to date. This will apply in particular where some variation of conditions 24 and 25 has been tolerated or allowed.

27) When a contract or part thereof is terminated either under the provisions of paragraph 12 or otherwise the client will remain liable to pay in full for all work previously undertaken and in progress by Matt Quinn Limited. This may include but is not limited to the full cost of standing down personnel, facilities third parties and discharging any and all liabilities in relation to any and all arrangements and agreements that stood under the contract.

28) When a contract or part thereof is terminated without due notice or by a breach of these terms of business the client will remain liable to pay in full for all work previously undertaken and in progress by us and additionally all work booked to take place within seven days of the termination date whether actually carried out or not. This may include but is not limited to the full cost of standing down personnel, facilities third parties and discharging any and all liabilities in relation to any and all arrangements and agreements that stood under the contract.

29) The clients must take note of the fact and recognise that Initial deposits are non-refundable and are applied to the full or partial cost of pre-production activities.

30) The client must take note of the fact and recognise that stage payments are non-refundable and are applied to the full or partial cost of production activities.

31) Any monies other than third party fees that fall due (excluding stage payments) held on account and unused will be returned subject to an 8% administration charge.

PROVIDING OUR SERVICES

32) In all cases but in particular where any agreement requires Matt Quinn Limited to work to specific deadlines this will be deemed to include a proviso that the clients will make themselves reasonably available for and responsive to communication with us and our servants or agents as necessary and will not act nor cause or permit any other person or entity to act in any way that might restrict, compromise or affect our ability to meet such deadlines. This includes but is not limited to the client meeting deadlines set by us for the supply of material, provision of services or facilities or response to any query or issue that may arise.

33) We shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, police, military or government instruction or action, act of terror, adverse weather conditions, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any party's inability to procure materials or persons required for the performance of the contract. During the continuance of such a contingency the client may, by giving seven days written notice, elect to terminate the contract and pay for work done and materials used to date but subject thereto shall otherwise accept delivery when available

34) We reserve the right to refuse to use, manipulate publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal or unlawfully held. Where such material is supplied or obtained by us the provisions of paragraph 6 shall not apply and the material in question may be voluntarily passed to the police or other lawful authorities.

35) We will not be held liable to any party for any errors on any medium after the client has agreed that the content is correct and accurate and should be posted, published or broadcast.

36) We will not commence work on any project until a signed purchase order, contract or equivalent signed document has been provided by the client.

37) In consideration of, and subject to, the final payment of the full fees and monies due to us by the client, Matt Quinn Limited hereby assigns to the client title and rights to show, distribute, copy or send the work in its complete form by whatever means and through whatever platform the client sees fit.

38) The company, our employees, agents or other persons or entities acting under our control or governance will not knowingly operate outside any of the laws of any territory nor will they place themselves, any other person or any property at risk from harm or loss. The standing instructions given to all agents and employees of the company are that they are to withdraw from any situation that, in their own reasonable opinion, might cause them to breach any law or statute or render them or our equipment liable to unwarranted, un-assessed or unforeseen risk, loss or harm. Such withdrawal shall not place either them or the Company in breach of contract nor shall it lessen in full or in part, the liabilities of the client to make payment for services rendered.

39) Where the client issues an instruction or otherwise acts in a manner that might require, cause or permit us to breach any law or statute (whether knowingly or unknowingly) then we reserve the right to refuse that instruction.

ON LOCATION

40) Normally (where required) Matt Quinn Limited will make such arrangements for overnight accommodation as may be necessary the cost of which will be invoiced to the client. Where this is provided or arranged by the client this must minimally take the form of a single private bedroom, with bathroom for each crew member, and provision for an adequate breakfast and an evening meal. The client will not be liable for provision or consumption over and above the required minimum standard unless no alternative is available or such provision or consumption is instigated by the client.

41) A standard working day is 9:00am until 5:00pm with a one hour lunch break and two 30-minute rest breaks. This timeframe is flexible within the range of our normal working hours and can be shifted back or forward one hour as required with no cost penalty. Any extension to the working day, whether formally agreed or not, will be charged at the appropriate published hourly rate.

42) Normal working hours for field and production crew are 08:00-18:00 Monday to Friday. Crew time is charged from the time of departure from our base in West Lothian, or any such temporary base as we may have established, until return to that base. Operation outside normal working hours is charged at enhanced rates on the following scale.

18:01-22:00 Base Rate X 1.5
22:01-00:00 Base Rate x 2.0
00:01-06:00 Base Rate x 2.5
06:01-07:59 Base Rate X 1.5

Weekend rates; applied from 00:00 Saturday until 06:00 Monday.

08:00 -18:00 Base Rate X 1.5
18:01-22:00 Base Rate X 2
22:01-00:00 Base Rate x 2.5
00:01-06:00 Base Rate x 3
06:01-07:59 Base Rate X 2

Additionally, where staff are required to remain at a location overnight an overnight enhancement in respect of each crewmember for each night is chargeable, the actual rate being dependant on that crewmember's seniority within the company.

43) Where necessary the client shall provide appropriate security, stewarding and safety arrangements for any production work for which the company provides crew or equipment and such arrangements shall be notified to Matt Quinn Limited in writing at least 14 days in advance of travel to any given location. Alternatively Matt Quinn Limited may, at its sole discretion and after due consultation with the client make such arrangements subject to their full cost together with administration charges being met by the client at least 14 days in advance of travel.

44) The provisioning of production, pre-production and post production services is subject to the use of and adherence to procedures, protocols and documentation that meet acceptable broadcast standards, custom and practice.

45) All work will adhere to a production schedule, shooting script, call sheets and running order that (a) Are formatted such that they meet an acceptable broadcast standard and (b) have been approved and accepted by Matt Quinn Limited.

46) Matt Quinn Limited shall be the sole judge of what does and does not meet broadcast standards, custom and practice in respect of paragraphs 44 and 45.

47) All individual shooting locations must be defined, booked and provisioned at least five working days before our production team are due to travel to the first location of any group of locations.

48) Where necessary third-parties, presenters, contributors, agencies and other interested bodies must receive copies of the approved production documentation at least five working days before production is due to take place.

49) Staff and representatives of Matt Quinn Limited are required to comply with any and all health and safety provisions, requirements and instructions issued by the client. The client shall supply details of any special training or requirements in writing at least 14 days before production work is due to commence and shall arrange and meet the full cost (including staff costs) of any special training or equipment that may be needed to meet those special requirements.

50) Staff and agents of Matt Quinn Limited are required to work with due regard to health and safety at all times. This extends beyond any basic legal requirements to the point where our staff are required to err on the side of caution at all times. They have access to hard hats, High visibility jackets or tabards and first aid kits. All vehicles are fitted with or carry orange safety beacons and fire extinguishers. Whilst it is expected of staff that they will deploy these sensibly as required, the client may at any reasonable time require and request staff to use or carry these if the use of such items is consistent with the client's health and safety policies or the circumstances otherwise dictate that this is a reasonable request to help safeguard life, limb and property.

51) The use of orange safety beacons fitted to motor vehicles is restricted to private land, airports and airfields and while the vehicle is being used for the purpose of inspecting, maintaining, adjusting, renewing or installing video or film apparatus which is in, on, under or over a road, or for a purpose incidental to any such use.

52) Vehicles, whether owned and supplied personally by members of our staff, agents or representatives or owned by Matt Quinn Limited will not under any circumstances be used in a manner that is or is thought to be unlawful, unsafe or breaches the insurance conditions of that vehicle or any lawful requirement or instruction or provision of any act or law in relation to the construction, use or regulation of Motor Vehicles. Additionally, vehicles which are in any way associated with Matt Quinn Ltd will at all times be used in a safe, conservative, courteous and responsible manner.

53) Vehicles whether owned and supplied personally by members of our staff, agents or representatives or owned by Matt Quinn Limited are required at all times to remain within both legal speed limits and those dictated by road conditions. Further, drivers must observe posted traffic regulations, signals and restrictions at all times. Drivers are specifically instructed that when travelling in convoy with or following a client's vehicle to any location they must break convoy rather than break the law or compromise either their own safety or that of others.

54) The sole arbiter of what is and is not acceptable in terms of paragraph 51-53 shall be the driver in charge of the vehicle in question who shall accept and comply fully with any advice, instruction or directive given to them by a police officer, highways authority traffic officer or other legitimate law enforcement officer.

55) Vehicles equipped with off-road driving equipment such as, but not limited to, special warning strobes, work lights, film lights special tyres or wheels, special mounting equipment or platforms are so equipped ONLY for off-road use and drivers are NOT authorised to use them in any place where their use would breach any law or statute or is not in compliance with any local or national regulation in force at that place. Drivers are required to keep such equipment locked off and/or covered and/or de-rigged as appropriate when travelling on public highways.

56) No person shall be permitted by Matt Quinn Ltd, its staff, agents or representatives to cause or permit a breach of paragraphs 49, 50, 51, 52, 53 54 or 55.

57) Our staff are expected to treat all persons with whom they come into contact with due respect and courtesy and receive the same treatment in return. The Programme Director in charge of the shoot shall have the right to withdraw crew and equipment from situations where persons have behaved in a manner which is in their opinion abusive, unreasonable, unprofessional or aggressive towards them.

58) The client shall bring to the attention of the Managing Director of Matt Quinn Ltd any breach of paragraph 57 on the part of our staff, agents or representatives. Such representations will be treated in confidence.

59) Where local or national authorities or landowners require permits, permission or authorisation to photograph or to shoot film or video footage those requirements will be complied with fully and such permits or permissions as may be required will be obtained a minimum of 14 days before travelling to that location.

BEFORE DURING AND AFTER PRODUCTION

60) Where any work or facility is booked by the client and that booking is not taken up or the client chooses not to utilise the services of the company then that booking shall remain chargeable unless at least fourteen days of cancellation is given in writing to Matt Quinn Limited.

61) Further to the provisions of paragraphs 44, 45 46 and 48 All services are subject to the use of and adherence to procedures, protocols and documentation that meet acceptable broadcast standards, custom and practice.

62) Your requirements must be clearly defined and fully provided to us in writing a minimum of fourteen days before the commencement of production work and subject only to one set of minor alterations thereafter

63) Major alterations or additions to a project, not agreed prior to the commencement of work, or not included in the initial estimates or agreements must be made subject to a further written agreement.

64) Rights to utilise any material produced will only be released by Matt Quinn Limited once the client has paid all outstanding monies to us.

65) Any and all claims must be made in writing to Matt Quinn Limited. within 7 days of receipt of goods or services. If no claim is made within this period the client is deemed to have accepted the goods and/or services at the agreed price.

66) Should the client have cause to make any complaint about goods, services or programmes, the complaint, if put in writing, will be acknowledged by Matt Quinn Limited within 14 days and a detailed reply will be issued to the client within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to Matt Quinn Limited.

67) Where the client or any person or agency who we have reasonable cause to believe is acting with the client's authority supplies material that is subject to copyright provisions the client warrants that they are a) lawfully able to authorise the proposed use or modification of that material and b) they so authorise that action.

68) In the event of any dispute arising with regard to the use of material supplied by the client that is subject to copyright provisions and included in a programme on client instructions the client shall hold Matt Quinn Limited harmless and the client will accept full responsibility with respect to the provisions of paragraph 67.

69) Matt Quinn Limited cannot be held liable for loss or damage caused as a result of third party action or failure.

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