TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM BOX CREATIVE FILMS
1. Definitions & General Terms
In these Terms and Conditions the words ‘Box Creative Films' ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Box Creative Films, a UK registered soul trader. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video and associated audio product created by Box Creative Films, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.
No liability will be accepted by us for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a our product, permission must be obtained from the original copyright owner / material provider.
The client undertakes to indemnify us against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
A full production brief must be signed off by the Client before production work begins. A non-refundable deposit of 40% of the total fee agreed is required prior to us beginning the project. Without a paid deposit the date(s) of production will be open to other clients and is not confirmed. By paying the deposit in full the Client accepts these terms and conditions.
3. Production and post-production
All works undertaken will be as per Box Creative Films written quotation based upon the agreed production brief. Included in the quotation is travel costs; at cost if a taxi service or public transport is used and 45ppm if our car is used. We reserves the right to decide the appropriate means of transport based on the project's requirements. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current daily rates.
If a music license is required it will be charged at cost and decided by the client. The cost will range from £30-£150. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
Our working hours are Mon-Fri 09:00 - 18:00 unless agreed otherwise with the Client. No e-mails, text messages or phone calls will be answered outside of these hours. On production days, a full day is defined as up to 8 hours on location and a half day as up to 4 hours on location. If a production day exceeds 8 hours a £35ph fee will apply.
We takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. We will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
We carry public liability insurance cover of five million pounds. A copy of our insurance certificate can be provided on receipt of a request to our office. Specific insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
5. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
6. ‘Client delays’
In the event of a booked production day being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
7. Changes to the filming schedule
In the event of the Client wishing to change or cancel the filming date we require a
minimum of 4 weeks’ notice. Failure to comply will result in the Client losing their 40% deposit.
8. Equipment substitution
In the event that we experience equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery.
9. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Subsequent revisions or significant re-edits will be charged at a rate of £300 per day.
10. Project duration and delivery
We have a 1st edit delivery period of up to 14 days for the first edit and 21 days for the final delivery of the project unless discussed with the Client at the outset of the project. We will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. We will not under any circumstances be responsible for any loss, damage or costs arising from erroneous or late delivery of the product.
We assert our full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project.The copyright of all produced material is solely owned by us and is protected under UK law.
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies us against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
12. Usage licence – rights to the use of delivered product
We retain all rights to all footage shot for the Client, including the delivered edit. The client has permission to use the product for promotional purposes, but not to rework or sell for their own gain, unless this is expressly agreed in writing. Footage shot by us remains the property of Box Creative Films and is not delivered to the Client unless we are employed to provide freelance camera operator services to another production company.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Our payment terms are strictly 30 days from date of invoice and in the event of an project being booked the Client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
The Client shall be responsible for all collection or legal fees necessitated by late or
default in payment. We reserve the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Box Creative Films under UK law.