.Production and Editing Terms and Conditions
- Production Fees and Additional Charges
1.1.The Client shall pay to Retail Therapy Media Limited T/A Business Connections Live (BCL) the Production Fee, together with all Additional Charges arising.
1.2. Subject to any special conditions of payment that may be agreed in writing between the parties to this Agreement, 50% of the Production Fee shall be payable when the Client has made a confirmed booking in writing and prior to commencement of pre-production and is not contingent on the provision of a PO number which is the client’s responsibility. The remaining balance of the Production Fee shall be payable and cleared no later than three working days prior to the commencement of filming. All payments to be made by bank transfer.1.3 Any Additional Charges shall be paid within five days of the date of any invoice for such Additional Charges.
- BCL’s production fees shall be exclusive of VAT, disbursements and expense items related to the agreed productions and editing such as messenger services, postage, overseas telephone charges, photocopying, photography and prints, disk or tape duplications, creation of audio and video streaming files, music licences, Electronic file media, hard drives, memory sticks, travel accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
- The client’s requirements must be clearly provided to BCL in writing before commencement of work and subject only to one set of minor alterations thereafter. 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. All revisions must be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of £750 + VAT per day or part thereof.
- A production will only be publicly released by BCL once the client approves all content as complete and satisfactory and confirms this in writing.
- 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 becoming
100% liable for all costs associated with the originally scheduled dates.
- In the event of filming 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).
- When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by BCL unless any other written agreement is reached in advance.
- Any monies held on account and unused will be returned subject to a 5% administration charge.
- BCL reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or otherwise illegal.
- Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
- BCL cannot be held liable for loss or damage caused as a result of third party action or failure.
- The client shall provide appropriate security and insurance arrangements for any filming outside of the United Kingdom for which BCL provides crew or equipment and such arrangements shall be notified to BCL in writing in advance of travel to that jurisdiction.
- BCL cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
- Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
- If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
- E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes and projects.
- BCL will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
- BCL asserts its 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 BCL and is protected under UK law with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content.
- 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 BCL 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
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
“BCL retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
BCL assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
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.
- Any confidential or proprietary information which is acquired by BCL 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, BCL will sign and adhere to the conditions of any legal Confidentiality Agreement used by the client.
- Any contract requiring BCL 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 to communicate with BCL, its servants or agents, as necessary.
- BCL office hours are UK GMT 9.00am to 5.30pm Monday to Friday.
- Any claims must be made in writing to BCL within 7 days of receipt of the commissioned product. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
- Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing to a Director, will be acknowledged by BCL within 14 days and a detailed reply will be issued to the client within a further 14 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to BCL.
- BCL 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, Brexit 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, by written notice to BCL, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
- These terms and conditions override those of any other party.
- This agreement will be governed by the laws of England and Wales.
Retail Therapy Media Limited T/A Business Connections Live, PO Box 219, SHEPPERTON, TW17 7DB.
Registered Address: Retail Therapy Media Ltd, Antrobus House Business Centre, 18 College Street, Petersfield, Hampshire, GU31 4AD. Reg No:4864344