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JGM, Solicitor
Category: Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
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I run a video production company and I want to advertise an

Customer Question

I run a video production company and I want to advertise an offer on my website that says "All work GUARANTEED - 100% Risk Free" I need to make the guarantee 'tight' so there is no much wriggle room for people to take me up on the guarantee. Are there any templates available for this sort of thing?
Submitted: 5 years ago.
Category: Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

You make the guarantee subject to observance of terms and conditions such as the following:

"50% of final payment is due on signing of the contract and the final 50% on completion of production.

Final payment is due no later than 14 days after the date of the final invoice.

Product will be delivered once final payment has been received and cleared.

Payment by bank transfer or cheque.

Client is responsible for all expenses incurred during all stages of a production. Including but not exclusively: transport, food, accommodation, equipment hire, communication costs and media.

On delivery of final product copyright will be transferred to the client, we will retain the right to use all approved footage for promotional purposes. This may exclude any third party material (e.g. Music).

The customer’s requirements must be clearly provided in writing before commencement of work. Any subsequent changes must also be provided in writing and then approved and may incur further cost.

A video programme will only be publicly released by us once the customer approves all content as complete and satisfactory and confirms this in writing.

A customer may terminate the contract at any time by written notice of termination.

When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress unless any other written agreement is reached in advance.

We reserve the right to refuse to use, publish or broadcast any information we consider obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.

We cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.

E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes as long as it is acknowledged with a response.

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

Any confidential or proprietary information which is acquired from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, we will sign and adhere to the conditions of any Confidentiality Agreement used by the client.

Any contract requiring us to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available.

Any claims must be made in writing to us within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.

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, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available."

Please leave a positive response so that I am credited for my time.
Customer: replied 5 years ago.

thanks for the info. I understand this but what I'm trying to get hold of is a way to offer a 'money back guarantee' OR a 'all work is guaranteed risk free'. I want the 'words' to use for a guarantee that puts all the weight of responsibility on the client (in the small print).

Expert:  JGM replied 5 years ago.
I understand what you are trying to achieve.

You can offer the guarantee and put in the small print that the guarantee is subject to the terms and conditions that I have provided for you.

That is, "All warranties and guarantees, except insofar as conferred by statute, are subject to compliance by the customer with the Company's terms and conditions of trading".