Terms & Conditions

Video Production Terms and Conditions

The term ‘GK Media Limited’, ‘us’, ‘we’ or ‘our’ refers to the owner of the business. The term ‘you’ or ‘your’ refers to the user or customer to our video production service(s). The term ‘video’ refers to the product and service with which we will supply you. The term “footage” refers to the media content captured by our cameras and audio equipment during the production of your project. The term “pre-production” refers to the planning and organisation process that takes place before the production stage. The term “production” refers to the gathering of, or intention to gather, media content (including footage) for use in your project. The term “post-production” refers to the process of importing, editing and encoding the media content for your project, combining this with any additional material including graphical and musical elements.

1. Planning and quoting for your project

1.1 We will generate a plan and quote for the production of your project, and this is sent to you as an email. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.

1.2 The plan and quote we provide to you is only valid based on the information you give us being true. Any changes in circumstances or requirements may result in an amended plan and quote.

2. Deposit payments for video production services

2.1 To secure the provision of our services, a non-refundable (except in those circumstances set out in Section 4.1) deposit payment of 50% of the total amount we charge for your project must be levied.

2.2 You will be sent an invoice for the deposit amount as an email attachment. This invoice will be sent upon your acceptance of these terms and conditions. Payment must be cleared before the project start date in order for our service provision to commence.

3. Changes and amendments to your project after completion

3.1 We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed seven working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.

3.2 Any changes or amendments that affect the original brief may be subject to an additional charge.

3.3 Any changes or amendments that we are notified of after seven days of the submission of the watermarked draft may be subject to an additional charge.

3.4 We are under no obligation to retain the original footage for you after 30 days of sending you an editorial if you have not corresponded with us and asked us to retain the footage for a set short period of time.

4. Our right to cancel

4.1 We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.

4.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.

4.3 Upon any discovery of unsafe filming environments relating to the project, or production circumstances that pose a significant risk to our health or wellbeing, we reserve the right to cancel the production session and you will be liable to a charge, as detailed in Section 6.1.

5. Your right to cancel

5.1 You reserve all rights to terminate the provision of our services at any time.

5.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.

5.3 Cancellations during the production stage of your project will result in you being liable for 75% of the total project charge.

5.4 Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge.

6. Cancellation, delayment or disruption of production due to organisational circumstances

6.1 If we attend a production session, or are travelling to a production session which is cancelled, delayed or disrupted due to your disorganisation, we reserve the right to levy a daily (or part thereof) charge of £250.00 GBP to cover the cost of our time and expenses.

7. Your personal details

7.1 In order to commence a project, we will require your full details.

7.2 We will never sell or pass on any of your details to a third party under any circumstances. These details are for our own records only.

8. Late payments

8.1 Invoices are expected to be paid within 30 days of the dated invoice.

8.2 If payment is not received within the specified credit terms, we will levy an additional charge of 2% per month for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.

8.3 When sending payment by cheque, you must allow for reasonable time for the cheque to be delivered to our offices and paid in to our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.

9. Handling of your project’s footage and files during the project term

9.1 We will take all reasonable steps and precautions to protect the footage files we gather during your project.

9.2 We cannot be held liable if footage files are lost, damaged or stolen whilst in our possession. This includes, but is not limited to, theft under all offences listed in the Criminal Justice (Theft and Fraud Offences) Act, 2001. Other causes of loss of footage may include, but are not limited to, natural/human disasters/events, human error and computer system malfunction or failure.

9.3 In circumstances where footage files cannot be recovered, we will decide whether to re-produce the content at no additional cost to you, or terminate the project with a refund of your deposit.

9.4 In any circumstances covered in Section 9.3, we cannot be held liable for any of your costs incurred for the original project. This may include, but is not limited to, actor, actress, presenter and director fees, location or studio hire and travelling expenses.

10. Storage of your project’s footage and files after the project term

10.1 After a project’s completion, whereby you are in possession of the completed video edit, it is at our discretion as to whether its related footage and files are stored on our systems. We cannot be held liable if footage files are lost, damaged or stolen after the project is complete.

10.2 You may contact us after your project is complete if you require any further content, and we will advise you as to the status of the original footage and files, and whether this is possible.

10.3 We are under no obligation to hold onto your original footage after we have delivered the completed video edit to you.

11. Rights to the use of a project’s video content

11.1 Where you provide material to us for inclusion in your project (which may include, but is not limited to, logos, images, trademarks, footage and audio), the relevant permission must firstly be obtained from the original copyright holder. By accepting these terms and conditions, you hereby indemnify us against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws attributed to the material.

11.2 We retain all rights to the usage of footage captured during the production of your project. As part of our video production service, we also provide unlimited rights of use of that footage to you.

11.3 We retain all copyright over any content we produce for you. Your licence grants you permission to use the content in the state in which we provide it to you. Permission is not granted to re-edit, copy or alter the content in any way.

11.4 We reserve the rights to use any footage and related files from your project(s) in our showreels and for other promotional purposes.

Website Usage Terms & Conditions

Welcome to our website. If you continue 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 ’GK Media Limited’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘GK Media Limited’, ‘us’, ‘we’ or ‘our’ 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:

1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law

3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements

4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions

5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website

6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence

7. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)

8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of Ireland.

Courses

Viable Course: For a course to commence, it is necessary to enrol a minimum number of participants. If this number is not reached, the course will be cancelled. If you have paid for a course which is subsequently cancelled, you will be notified and a full fee refund will be processed automatically. All other courses must remain viable and be self-financing: therefore NO REFUNDS, under any circumstances, are available once a course has commenced. A participant will not be permitted to commence a course/module unless the course/module has been paid for in full by the learner prior to commencement.

Course Deferral: Once a course commences, participants may not defer their place on that course to another term.

Course Completion: QQI Courses must be completed in the academic term that a participant pays for an online course. Otherwise an extra fee will be applied if a participate wishes to re do a module and/or be certified outside of their academic term.

Course Content: Both the content of the tutorials, handouts, notes and assignments given are only for those who have registered and paid for the course. It is considered a breach if you share or disclose course content to a third-party and you will be removed from the course.

Transfers Policy: If a participant wishes to transfer to a different course run online by GK Media limited within the same term, a request should be sent in writing to info@gkmedia.ie

Assignments/Projects: Dates for submission of coursework will be provided by the tutor at the beginning of the course. Coursework will not be returned to the participant once submitted for assessment. Therefore, it is advised that a hard copy of all coursework submitted should be retained by the student.

Self-directed learning: It is the responsibility of the participants to inform themselves as to course content, duration, etc.

Payment: For QQI Level 5 Courses in association with Galway Technical Institute (GTI), payments must be made online via their website. Alternatively agreed staged payments can be made via Postal Order at Reception in GTI.

Marketing Packages

The services contained in the packages listed on this website are only available to Irish registered businesses in the Republic of Ireland.

We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

Once an Order has been accepted by GK Media, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order.

Payment must be made in full to avail of the purchased service.

At least a 50% non-refundable deposit of your chosen marketing package must be paid before any work commences on your 12 month package by GK Media. Bear in mind, no video production services will commence on your package until full payment of the package has been made and successfully processed.

You acknowledge that:

(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by GK Media for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.

(b) to the fullest extent permitted by law, GK Media is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.

(c) GK Media may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.

(d) GK Media may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

You will receive an email from GK Media as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us here. Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.

If your Order is not accepted by GK Media, GK Media will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

Prices shown are in Euros and state if VAT is excluded. Prices are valid until amended or removed from the website and are subject to change at any time.

All payments must be made in full prior to the service commencing.

Each paid for package is valid for 12months from date of payment.

To the fullest extent permitted by law, GK Media and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorised or improper manner.

Competitions

GK Media's decision in relation to selection of prize winner(s) is final and no correspondence will be entered into.

In the event of any dispute regarding the rules, conduct or the results of a competition the decision of GK Media will be final.

Prizes may not be exchanged for other goods and may not be sold. If, due to circumstances beyond its control, a prize becomes unavailable GK Media and/or the promoter(s) reserves the right to substitute a prize of equal value.

Use of a false name or address by a competition entrant will disqualify them from receiving any prize.

GK Media and/or the promoter(s) will endeavour to deliver all prizes within 28 days of winning. Where this is not possible the winner(s) will be notified of a delay.

Please keep it to one entry per competition.

Cinema Passes are to the value of a standard adult ticket at the designated cinema. Additional services like entry to a Luxury Screen or 3D Film or Food or Beverages are not part of the ticket prize.

Unless otherwise stated, all taxes, insurance, fees and surcharges on any prize are the sole responsibility of the winner.

Where a prize is to be provided by a third party, GK Media accept no responsibility whatsoever for the supply or non-supply or purported supply or delay in supply of the prize, including without limitation, the failure of the winner to receive ownership of or use the prize. Where appropriate, prize winners are required to complete all applicable booking and/or other formalities directly with the specified third party provider(s).

Acceptance of the prize constitutes permission to use the relevant winner's name, hometown and likeness for purposes of advertising, promotion or publicity in any media without additional compensation and prize winners agree to take part in such related promotional activities as GK Media and/or the promoter(s) may require.

All competition entries must be received by GK Media in the required format before the advertised closing date. Neither GK Media nor its affiliated entities are responsible for printing or typographical errors in any materials relating to GK Media promotions; fraudulent, lost, late, misdirected, incomplete or altered entries; or entries which are processed late or incorrectly or are lost due to computer or other technical malfunction.

GK Media reserves the right to cancel, terminate, modify or suspend a competition and/or vary competition rules at any time without prior notice.

Neither GK Media nor its agents accept any responsibility whatsoever for any death, injury or other damage, loss, expense or liability arising as a result of taking a prize. Nor will GK Media have any liability or responsibility for any claim arising in connection with participation in any GK Media competition or any of the prizes rewarded.

Prizes not claimed within the specified time limit of 60 days will be deemed to have been forfeited and GK Media may dispose of such prizes without any liability to the winner.

Any person found to be in disregard of these rules will be disqualified automatically.

GK Media reserves the right to disqualify any contestant for any reason whatsoever in its sole discretion.

Participation in GK Media competitions denotes acceptance of these terms and conditions and any additional competition specific terms and conditions which may be advertised.

Under 18s: Please ask your parent/guardian's permission before entering our competitions.

Our competitions are not open to Employees (or members of the families or households of employees) or associates of GK Media Limited.

GK Media does not accept any responsibility whatsoever for any technical failure or malfunction or any other problem in any network, system, server, provider, or otherwise which may result in entries being lost or not properly registered or recorded and contestants hereby waive any claim whatsoever for any losses, costs, damages and expenses arising from any such problems.

Disclaimer and Indemnity:

The contents of this site are for information purposes only. No guarantee is given that the programmes, syllabi or fees may not be altered, cancelled or otherwise amended at any time.

To the fullest extent permitted by law (and without limitation to any other provision of these Terms), GK Media, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods or services purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:

(a) & errors, mistakes or inaccuracies on the website.

(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.

(d) any unauthorised access to or use of the websites secure servers.

(e) any interruption or cessation of transmission to or from the website.

(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.

(g) the quality or fitness for any purpose of any linked sites.

Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, GK Media and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods or services purchased on it.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes.

You will at all times indemnify, and keep indemnified, GK Media, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.

This clause is not intended to exclude or limit any rights which you may have under the Sale of Goods and Supply of Services Act 1980.