In:Quality

In:Quality Conditions for Remote Contribution Terminal (RCT)

Version 1.2 18th August 2013

CONTENTS
1 Definitions
2 Provision of Service
3 Provision of Service by Special Means
4 In:Quality’s General Powers
5 Contributor’s Responsibility for In:Quality’s Equipment
6 Fault Repair
7 Connection of the Customer’s Equipment
8 Relocation of Equipment
9 Use of Equipment
10 Electricity
11 Powering Up and Down
12 Booking Procedures
13 Charges for Service
14 Copyright and Intellectual Property
15 Data Protection
16 Internet Database, Publicity and Anonymity
17 Access to Customer’s Premises
18 Indemnity
19 Variation of Conditions
20 Termination
21 Matters Beyond In:Quality’s Reasonable Control
22 Severability

1. DEFINITIONS
“In:Quality” means Kevin Leach trading as In Quality;
“Contributor” means the individual or organisation who has agreed to the installation and use of the RCT;
“RCT” or “Remote Contribution Terminal” means all of that
equipment owned and installed by In:Quality at the Contributor’s
premises.
“Installation Date” means the date from when the equipment is installed at the Contributor’s premises;
“Connecting Point” means the point at which an RCT or any other In:Quality device is connected to the Contributor’s Equipment in order to
provide the Service;
“Contract Letter” means the agreement that the Contributor and In:Quality sign agreeing to the installation;
“Contributor’s Equipment” means equipment at the Contributor’s premises to which the RCT is connected;
“Contributor’s Premises” means the location(s) at which In:Quality will install equipment;
“Equipment” means any equipment and furniture placed on the Contributor’s Premises and used to provide the Service;
“Service” means the management and operation of the RCT to facilitate live and pre-recorded broadcasts from the Contributor’s premises;
“Broadcaster” means any media organisation or similar that would like to conduct an interview using the RCT

2. PROVISION OF SERVICE
2.1 These Conditions, together with any Contract Letter form In:Quality’s entire contract with the Contributor. It is made in England and is subject to English Law.
2.2 It is technically impracticable to provide Service free of faults and In:Quality does not undertake to do so.

3. PROVISION OF SERVICE BY SPECIAL MEANS
Where In:Quality decides it is necessary or appropriate in order to meet the Contributor’s requirements or if the Contributor asks In:Quality to provide Service, wholly or in part, by means In:Quality does not normally use or at substantially greater expense than In:Quality normally incurs, or if the Contributor asks In:Quality to construct or install equipment in an unusual way, In:Quality may ask the Contributor to pay a charge and/or ask the Contributor to agree to special conditions. In:Quality will tell the Contributor in writing how much any charge would be and which special conditions would apply.

4. IN:QUALITY’S GENERAL POWERS
In:Quality may:
4.1 Suspend Service temporarily, or without notice cease to provide Service;
4.2 Temporarily suspend Service for the repair, maintenance or improvement of any of its equipment; and
4.3 Give the Contributor instructions about the use of Service which In:Quality thinks reasonably necessary in the interests of safety or of the quality of Service to Broadcasters.

5. CONTRIBUTOR’S RESPONSIBILITY FOR IN:QUALITY’S EQUIPMENT
5.1 The Contributor is responsible for all In:Quality’s Equipment in the Contributor’s Premises and for its proper use: if any of this Equipment is lost, destroyed or damaged (except by fair wear and tear), the Contributor must pay for it’s replacement and / or repair.
5.2 In the event that any of In:Quality’s equipment is stolen from the Contributor’s premises, the Contributor will not be liable for the cost of replacement, provided that the crime has been reported to the Police and an incident number provided to In:Quality.
5.3 In the event that In:Quality’s equipment be damaged by fire or flood, the Contributor will not be liable for the cost of replacement, provided that the Contributor is not found to be negligent.
5.4 The Contributor must not interfere with In:Quality’s Equipment, or let anyone else, except someone authorised by In:Quality to do so.

6. FAULT REPAIR
6.1 In:Quality will do everything appropriate to clear a fault as quickly as possible. This will include, where appropriate:
6.2.1. Giving the Contributor advice by telephone and/or e-mail, including advice, where appropriate, on the tests and checks that
the Contributor should carry out
6.2.2. Where possible, making diagnostic checks remotely; or
6.2.3. Visiting the Contributor’s Premises at a mutually convenient time.

7. CONNECTION TO THE CONTRIBUTOR’S EQUIPMENT
7.1 The RCT requires a connection to the Contributor’s existing internet router via ethernet cabling. The connection should be made direct into the core router where it meets the public network or as near as is practically possible.
7.2 The In:Quality Service relies upon use of the Contributor’s existing connection to the internet. The Contributor will make all reasonable efforts to ensure the continuity of this connection and that other devices on the same connection do not use vital bandwidth at times of use.
7.3 The RCT will connect using DHCP unless otherwise instructed by the Contributor.
7.4 The Contributor is advised to isolate the RCT from other devices on their network in the interests of privacy and security.
7.5 The Contributor accepts full liability for all costs billed by their Internet Service Provider.

8. RELOCATION OF EQUIPMENT
If the Contributor requires In:Quality to move it’s equipment within existing premises or to alternative premises, the Contributor shall put its request in an e-mail to live@inqualitymedia.com, and In:Quality shall make all reasonable efforts to do so at it’s discretion.

9. USE OF EQUIPMENT
9.1 Neither the Contributor or In:Quality will use the RCT for sending any message or communication which is offensive, abusive, indecent, obscene, menacing or unlawful.
9.2 The Contributor will ensure that the Equipment is never used without prior consent from In:Quality.

10. ELECTRICITY
10.1 The Contributor must provide at their own expense a suitable mains electricity supply for the RCT and associated equipment, lighting etc.
10.2 All equipment will be brand new at the time of installation. Whilst the equipment remains the property of In:Quality, the contributor shall be responsible for ensuring that it and the installation of it complies with electrical safety guidelines and legislation.

11. POWERING UP AND DOWN
11.1 The contributor shall switch on the power for the RCT at least 30 minutes prior to a scheduled interview.
11.2 In:Quality will endeavour to shut down the RCT remotely after use but the contributor should ensure that all power is switched off at the socket during periods of inactivity and whilst unattended including any lighting. The contributor should be aware that pre-recorded interviews may take some time to be uploaded and that powering down the RCT immediately after an interview could jeopardise this process.

12. BOOKING PROCEDURES
Use of the Service will generally happen only after the Broadcaster has agreed an interview with the Contributor. The Contributor should direct the Broadcaster to www.inqualitymedia.com where full details of the service can be found and a booking can be made.

13. CHARGES FOR SERVICE
13.1 The basis of the agreement between In:Quality and the Contributor is that the Equipment and Service are installed at no cost to the Contributor.
13.2 The Contributor accepts that In:Quality will make a charge to the Broadcaster each time that an interview is conducted using the Service. Should the Contributor wish to cover this charge to save the Broadcaster doing so, this can be arranged.
13.3 In:Quality is not currently VAT registered as it’s turnover is expected to be initially low. Charges are therefore exclusive of Value Added Tax
13.4 In:Quality may charge daily interest on late payments at a rate equal to 4% per annum above the base lending rate of HSBC Bank plc.

14. COPYRIGHT AND INTELLECTUAL PROPERTY
In:Quality will make no claim to any content or material broadcast using the Service. Any such negotiations should be made directly between the Contributor and Broadcaster.

15. DATA PROTECTION
In:Quality will hold information electronically about the Contributor’s premises, contact details, internet connection and any other information deemed necessary in order to provide the Service.
This information will be shared with In:Quality’s freelance technicians using password-protected documents on the internet for the sole purpose of providing the Service. In:Quality will take all reasonable steps to ensure that such information remains confidential.

16. INTERNET DATABASE, PUBLICITY & ANONYMITY
16.1 In:Quality will publish the name and/or company name of the Contributor within it’s online database of Contributors at www.inqualitymedia.com unless requested not to do so.
16.2 Where equipment is installed at sensitive locations or private residencies, In:Quality will not publish details online without the express permission of the Contributor and will instead use a simple reference number to allow bookings to be made by Broadcasters.
16.3 In:Quality may from time to time publish details and recordings of live interviews at www.inqualitymedia.com for publicity purposes only after such interviews have entered the public domain by means of broadcast.

17. ACCESS TO CONTRIBUTOR’S PREMISES
The Contributor shall, subject to the production upon request of evidence of identity and authority, and on at least 2 working days’ prior written notice to the Contributor, permit or procure the right for persons engaged on In:Quality’s business, to enter the Contributor’s Premises as reasonably necessary at all times for the purpose of installing, provisioning, inspecting or removing
the Equipment. In:Quality will comply with any of the Customer’s reasonable site rules which are notified to In:Quality in advance regarding the safety of people on the Contributor’s Premises.

18. INDEMNITY
The Contributor must indemnify In:Quality against any claims or legal proceedings arising from the
Contributor’s use or any third party’s use of the Service which are brought or threatened
against In:Quality by another person.

19. VARIATION OF CONDITIONS
In:Quality may from time to time change the wording of these terms
and conditions, the latest version of which can be found at www.inqualitymedia.com/conterms.

20. TERMINATION
Either party may at any time choose to terminate the relationship. Notice from the Contributor should be given by e-mail to live@inqualitymedia.com. In:Quality will contact the Contributor by phone or e-mail to arrange a mutually convenient time to remove the equipment.

21. MATTERS BEYOND IN:QUALITY’S REASONABLE CONTROL
In:Quality shall not be liable for any failure caused by matters beyond that party’s reasonable control
including, but not by way of limitation, Acts of God, fire, lightning, explosion, war, disorder,
flood, industrial disputes (whether or not involving that party’s employees or agents), weather of
exceptional severity or acts of local or central Government or other authorities or the act or
omission of any person for whom that party is not responsible.

22. SEVERABILITY
If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction, such provision shall be severed and the remainder of its
provisions will continue in full force and effect as if this Contract had been executed with the
invalid, illegal or unenforceable provision omitted.