DEFINITIONS:
The expression “the Supplier” means Kidztalk Ltd, a Limited Company.
The expression “the Customer” means the person, firm, or company purchasing services from the Supplier.
WEBSITE:
You may not reproduce or distribute any information or image from the www.kidztalk.com website, in whole or in part, without the prior written permission of Kidztalk Ltd. Any requests should be sent via email to studio@kidztalk.com and should include your name and contact details and a description of the information which you would like to distribute and the intended recipients of that information.
Any demonstration audio clips downloaded from this website or ordered from Kidztalk Ltd should be used solely for evaluation purposes and should not be used for any other purpose without the prior written notification and consent of Kidztalk Ltd.
Product and company names mentioned on this website may be trademarks and/or service marks of their respective owners. All trademarks and/or service marks are acknowledged.
BASIS OF THE SALE:
A Contract between the Supplier and the Customer shall be made when the Supplier receives a written order, i.e. by email or letter, from the Customer stating the Customer’s unconditional acceptance of the Supplier’s written quotation. The terms of the Contract shall comprise the Supplier’s quotation and the terms and conditions numbered 1-9 set out herein. No terms and Conditions other than those set forth herein or any variation thereof under Condition 9 shall be binding upon the Supplier or the Customer unless provided in writing and signed by or on behalf of both the Supplier and the Customer.
USAGE:
Unless otherwise agreed, all Session and Use fees are set at no lower than the minimum relevant Equity rates, together with any additional Terms and Conditions published on any relevant Equity rate cards, agreements or guidelines in force at the time the service was provided.
Fees for voice-overs supplied for radio commercials produced by a radio station or appointed sub-contractor under the Equity Independent Radio Commercials Payments Rate Card are calculated on a one fee per voice performed, per script, per station basis at the relevant transmitting station(s) rates unless otherwise indicated.
Voice-over fees are quoted at a level to reflect the stated usage at the time of booking. Any further usage on other broadcast outlets, for other advertisers, in other media, beyond the duration of stated licensing terms or the re-use of recorded material in other productions is beyond the scope of the original agreement and must be advised by the Customer at the point of intended further use, the Supplier’s permission sought and appropriate payments negotiated and paid. Use periods will be considered to commence from the date of the original supply of the material unless otherwise notified by the Customer.
Any advertisement which is produced as a result of the Contract between the Supplier and the Customer shall only be used by the Customer for the agreed 3 month, 6 month, 12 month, 24 month or in perpetuity period from the date of the Contract. If the Customer uses the advertisement beyond the agreed period from the date of the Contract the Customer shall pay to the Supplier the whole of the amount shown in the quotation being a term of the Contract between the Supplier and the Customer.
FEES:
All fees are subject to VAT at the prevailing rate. These rates are for UK customers only. Due to the volatility of bank charges and foreign exchange rates, additional fees will apply to all accounts billed outside the UK or paid in any currency other than Sterling. The Supplier requires payment in advance from customers who have not yet established credit facilities with the Supplier. The Supplier reserves the right to demand an additional payment in Sterling (or equivalent currency) to cover bank charges.
Amendments to approved scripts requested after the production will normally incur additional charges.
For work carried out before 9am or after 6pm UK time and at any time during Saturday and Sunday or on UK Bank Holidays, the Supplier reserves the right to charge an out of hours supplement.
Any such charge will be notified to the Buyer in advance.
CANCELLATION:
If the Customer cancels any contract giving the Supplier less than twenty-four hours notice, the Supplier reserves the right to charge a cancellation fee of 100% of the fees payment under the terms of the Contract.
COPYRIGHT:
Copyright in all audible and/or written work created by the Supplier remains the property of the Supplier or the Supplier’s artists, unless the Customer, artists and Supplier have agreed otherwise by way of written contract.
The Customer shall not make any copy of the audible or written work created by the Supplier without the Supplier’s written consent and without paying the Supplier’s reasonable charges for copying or reproducing such work and paying for all necessary licences and consents.
The Customer shall not instruct any third party to use the audible or written work created by the Supplier without the Supplier’s written consent.
The Customer undertakes that they will notify the Supplier if they shall assign, transfer or sell any Contract or benefit to which these Terms and Conditions apply. Such notice shall be notified in writing or by email in advance of any such assignment, transfer or sale.
The Customer warrants and undertakes that (a) they will be responsible for obtaining and paying for all necessary licences and consents for the use of any copyright material contained in, or the inclusion of any person in their production; (b) no copy will breach the copyright or other right of or be defamatory of any third party; (c) they will indemnify and keep the Supplier indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use of any copy or matter supplied by the Customer.
PAYMENT:
Payment is due within 30 days of the date of invoice, unless otherwise specified by the Supplier.
In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, the right is reserved to charge interest at 8% above the Bank of England base rate on all amounts outstanding for more than 30 days (the Credit Period) from the Tax Date indicated on the invoice; and further to make a statutory compensatory charge on late payments, as follows: for amounts below £1,000 a charge of £40; for amounts between £1,000 and £10,000 a charge of £70; and for amounts above £10,000 a charge of £100. Such charges may be applied and added to the debt. Details of these charges can be found at:
www.payontime.co.uk/users-guide-to-the-late-payment-of-commercial-debts-interest-act-1988.
The right is reserved to levy a minimum charge of £10 for each written or emailed reminder or statement produced and sent after the Credit Period.
Credit facilities and the supply of any future services may be withdrawn in the event of a breach of these Terms and Conditions.
Invoices shall be paid by BACS or Paypal or www.wise.com
Foreign clients: All Bank Charges must be paid by the client.
If the Customer resides or carries on business outside the jurisdiction of England and Wales the Supplier reserves the right to demand that the Customer pays to the Supplier one half of the total sum shown in the quotation, in advance of the commencement of the project. The Supplier must receive payment of such sum at the same time as receiving the Customer’s unconditional acceptance and prior to the delivery of the project from the Supplier.
If the Customer wants further work to be carried out by the Supplier then the Supplier shall generate a further quotation which if accepted by the Customer in the manner prescribed above shall amount to a subsequent and separate Contract between the Customer and Supplier.
FAILURE TO COMPLY:
If the Customer shall fail to comply with any of these terms and conditions, the Supplier may terminate immediately any licence to the Customer to broadcast or make use of the Supplier’s work.
If any provision of these Terms and Conditions is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the reminder of these Terms and Conditions and of the remainder of the provisions in question shall not be affected.
Governing Law: The Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
Credit facilities and the supply of any future services may be withdrawn in the event of a breach of these Terms and Conditions.
These Terms and Conditions may be varied from time to time and will be communicated in writing.
Copyright@ 2025 Kidztalk Ltd. All rights reserved.
Kidztalk Ltd