TERMS & CONDITIONS OF SERVICES
1.1 These terms and conditions shall apply in respect of all products and services we supply to you (referred to as the ‘service’, ‘product’ and/or ‘video’).
1.2 The term ‘footage’ refers to the media content captured by our or rented cameras and audio equipment during the production of your project used under the name of or captured for FossilFilm.
1.3 ‘pre-production’ refers to the planning and organisation process that takes place before the production stage.
1.4 The term ‘production’ refers to the gathering of, or intention to gather, media content (including footage) for use in your project.
1.5 ‘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.
1.6 ‘Project’ refers to all processes and steps of your order including, pre-production, production & post-production, and delivering the final product.
1.7 A contract is formed between a customer and/ or client (referred to as the ‘customer’, ‘client’, ‘you’ and/ or ‘your’) and FossilFilm, including contractors working for FossilFilm (referred to as the ‘company’, ‘us’, ‘we’ and/or ‘our’) when an order is received from the customer.
1.8 An order may be in written, verbal or electronic form. The product or service shall mean any product or service that is provided by the Company to the Client.
1.9 Should FossilFilm choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of FossilFilm’s rights. By providing us with an order, you agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
1.10 These conditions do not affect your statutory rights.
2. Planning and Quotation of Project
2.1 We will generate a plan and quote for your project, and this is sent to you as an e-mail or printed letter and is outlined and discussed as a face to face meeting or video call via services like Skype or by phone call. 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 e-mail or printed letter.
2.2 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. The plan is agreed by both parties (Us and the Client) before the next step of a project.
2.3 The project plan is just an estimation and is not definitive of time-scales, deadline dates and completion dates. Due to the nature of video production, the plan and timescales may change. If any changes are made and we know deadlines are not going to be met, we will come up with a contingency plan and inform you, the client, of any changes.
2.4 The quote is just an estimation and is not a definitive amount of the final payment. Due to the nature of video production, the cost of an order of a client’s project may not match the amount quoted. If the project’s final cost is smaller than the quoted amount, then the client shall be invoiced the final amount deducting the difference in cost. If, however, the final cost of the project is greater than the quoted amount, we will contact the client and agree a new estimated quote for us to continue the project.
2.5 If an agreement is not made, the client will still be liable to pay for any work carried out by us or any contractors employed by FossilFilm for your project up to the point of contact. In this instance, the project will come to an end, and a finished product will not be presented to the client. You will maintain the right to require all footage and material and any copyrighted material created by FossilFilm for your order. This is still subject to the terms stated I section 14.
3. Deposit payment
3.1 To secure the provision of our services, a non-refundable deposit payment of 35% of the total amount stated in your quote for your project must be levied (subject to section 9.) This will be deducted from your final payment invoice.
3.2 You will be sent an invoice for the deposit amount as an email attachment and, if the client chooses, a paper invoice addressed to the client. 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.
4. Creative Brief
4.1 Unless otherwise agreed, the client accepts FossilFilm’s decisions on creativity within the product(s) and service(s).
4.2 FossilFilm will always keep the client(s) up to date with any changes or creative decisions made to your project, and present proof of concepts during concept meetings we may have during any stage of production.
We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
6.1 The Project shall be delivered to you in accordance with the brief agreed before the project went into production either through concept meetings or in written proposals.
6.2 We shall produce one master copy of the production only for your use. Should you require further copies, an additional charge will apply. A separate quotation will be issued for the production of additional copies, which are subject to section 2.4.
6.3 Times given for delivery of the project are estimates only and time is not of the essence. For full details please refer to section 2.3 of this document.
7. Acceptance and changes
7.1 The Service(s) shall be made available for acceptance at agreed stages. At each agreed stage changes to the Service(s) shall only be permitted to the extent that such changes are consistent with the brief. Beyond completion of the final Master we will allow the ‘Three Hour Rule’. By this it is meant that any change or alteration to the final Master that we deem will take less than three man-hours will not be charged.
7.2 Other than stated in section 7.1 changes to the brief or otherwise result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:
a) Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief;
b) Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service;
c) Changes that result from a significant change to the brief;
d) Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.
We will send a separate quote to the client for any extra work as stated above in section 7.2, and the same terms apply to this quote as stated in section 2.4.
8. Final Payment
8.1 We shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The invoice will include the deduction of the deposit payment.
8.2 Title in the products, services and or project shall remain with FossilFilm until full payment has been received, unless an alternative agreement has been made between us and the client and is in writing.
8.3 The invoice will include the date in which the payment is due. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence.
8.4 We are entitled by statutory legislation to levy an additional charge of 8% over the Bank of England base rate of interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired. Any fees incurred by us in recovering payment will also be chargeable.
8.5 Payment is to be made in GBP.
9. Our Right to cancel
9.1 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.
9.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
10. Your Right to cancel
10.1 You reserve all rights to terminate the provision of our services at any time.
10.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.
10.3 Cancellations during the production stage of your project will result in you being liable for 75% of the total project charge.
10.4 Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge.
10.5 The client must give at least 7 days’ notice if they decide to cancel a shoot or change the date. If the client fails to give such notice, they will be charged for any costs incurred by us (This is subject to section 11.2).
11. Cancellation, delays or disruption of production due to organizational circumstances
11.1 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 the cost amount of our time and expenses for that day.
11.2 The charges will be presented as an invoice to you within 5 working days from the incident and is subject to the same terms in sections 8.3, 8.4 & 8.5.
12. Warranties and Liability
12.1 We warrant that we will use all due skill and care in providing you with the service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the service whether implied by common law or otherwise is given, however where we supply goods to you as part of the service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
12.2 Whilst every care is taken in the handling of the client’s property, we accept no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of us. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
12.3 Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the service.
12.4 In the unlikely event that Web Video Devon experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the senior member of the film crew. In this case, no further claims or liability will be accepted.
12.5 You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
13. Client Details & Data Protection
13.1 In order to commence a project, we will require your full details. We will contact you by phone or E-mail requesting the required information. You may use any necessary means of contact to supply these details.
13.2 We may require proof of identity, and carry out certain checks until we are satisfied with the information you have provided. The project will not be started or accepted until we have this satisfaction.
13.3 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.
13.4 The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of FossilFilm supplying the product(s) or service(s) and that such recording is in compliance with Data Protection.
14. Copyright Policy
14.1 Where you provide material to us for inclusion in your project (which may include, but is not limited to, logos, images, printed material, 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.
14.2 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, which include copying and distribution in any media format you choose.
14.3 We retain all copyright over any content we produce for your product (which include, but is not limited to, logos, images, printed material, footage and audio). Your license grants you permission to use the content in the state in which we provide it to you. Permission is not granted to re-edit or alter the content in any way.
14.4 We reserve the rights to use any content from your project(s) and in its entirety in our showreels and for any other promotional purpose (which include, but is not limited to, logos, images, printed material, footage and audio).
15. Health & Safety
15.1 In all instances FossilFilm will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
15.2 In the event of inclement weather, FossilFilm reserves the right to change the date of filming to a more suitable day. We will not allow the safety of the equipment or personnel to be compromised.
15.3 FossilFilm will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.