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T&Cs - Filming
1. DEFINITIONS:
The ‘Customer’ is the company, organisation or individual requesting the supply of film and video production services.
‘Contract’ is the contract for the hire of equipment and/or services by the Customer from Linear Productions, incorporating these terms and conditions.
‘Equipment’ is the equipment covered under the Contract or any portion thereof.
‘In Writing’ is written correspondence via written word, email, SMS, or any other forms of communication deemed acceptable by Linear Productions.
‘Project Specification’ is the contract confirming the design of the product being produced including project milestones and payment schedules.
2. Payment Policy:
The Customer will pay the agreed fees to Linear Productions on delivery of the project, completed according to the Project Specification. The Customer will be invoiced on completion of the project and shall be payable within 14 days by the Customer, unless otherwise agreed by Linear Productions.
Linear Productions requires payment on completion of project milestones, where the project involves considerable time to complete. Milestones and payment amount are to be included in the Project Specification or agreed in writing by both parties prior to the commencement of the project.
In case of any overdue payments, the Customer shall pay interest charges to Linear Productions for the delay period, calculated on a daily basis at the prevailing Bank of England base rate, plus 8% per annum.
3. Quotations:
All quotations given by Linear Productions will be valid for 28 days from the date of estimate. If the Customer’s final order changes from the original specification made for the quotation, Linear Productions reserves the right to vary the estimate.
Quotations assume that assets including but not limited to: Text, images, graphs, other media content and other audio content, supplied to Linear Productions for use in the project by the Customer require no further amendment. Linear Productions will not make such alterations unless specifically requested to by the Customer. Our hourly rate will apply in all such cases.
Quotations assume that there will be two sets of proofs and amendments in total for all work, unless otherwise requested and agreed. Any other amendments requested on top of the assumed two, will be charged out at our hourly rate.
The Customer will be responsible for supplying any necessary images, logos, disclaimers or any other media for the project. If Linear Productions needs to source original artwork or amend files in any way not outlined in the original quote, this will be charged extra at our hourly rate.
4. Expenses:
Linear Productions will inform the Customer In Writing in advance if expenses have to be incurred during the project.
5. Turnaround Times:
It is up to the Customer to set themselves realistic timescales for the production of films, videos, graphic design and/or animation. As well as weekends, national holidays and the constraints of normal office hours, there are elements of the creative process which cannot be fast tracked (such as render times etc.)
6. Delivery of Content & Materials:
The Customer agrees to deliver all the content and materials required for the project and in the formats requested to Linear Productions before the commencement of the project, unless otherwise agreed by Linear Productions.
Where this is not possible, the Customer will deliver such outstanding content and materials to Linear Productions within 14 days of the start of the project.
The Customer will notify Linear Productions In Writing as soon as possible, of any delays in delivering content and materials required for the project and provide Linear Productions with a revised timetable for supplying such content and materials.
Linear Productions will not be responsible for any delays, missed milestones (where specified in the Project Specification) or additional expenses incurred due to the late delivery or non-delivery of content and materials by the Customer where required by Linear Productions for completion of the project.
7. Delivery:
Linear Productions will deliver the completed project to the Customer using a third party cloud storage or transfer server such as Google Drive, We Transfer etc, or by a physical storage device as selected by Linear Productions or as specified by the Customer in the Project Specification.
If the Customer requires the completed project to be loaded onto a fileserver using File Transfer Protocol (FTP), the Customer is responsible for ensuring that the intended fileserver or disk space on the fileserver is properly configured.
Linear Productions will not load the completed project onto a publicly available fileserver or disk space on such a fileserver until the Customer has complied with the conditions in clause 8 below.
8. Project Release:
On delivery of the completed project, the Customer will complete, sign, date and return to Linear Productions, Linear Production’s standard Project Release Form.
The Project Release Form will release Linear Productions from undertaking further work related to the project. Linear Productions may however undertake additional work as requested by the Customer either directly or indirectly related to the completed project. Such work will be undertaken under the standard terms of business of Linear Productions.
9. Copyright and Moral Rights:
The Customer undertakes to secure all copyright and any other appropriate licences, clearance or consents where required for the content and materials to be used during the project.
The Customer grants to Linear Productions a non-exclusive, revocable, royalty-free licence to use its name, logos, trademarks or devices (“Intellectual Property”) for the purposes of creating the project.
Neither party shall make any claim to the other party’s content, materials or services during or after the expiry of this agreement.
Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for materially similar trademark or imitation of a trademark during or after the expiry of this agreement.
The Customer agrees to indemnify Linear Productions against all losses, damages, claims or expenses, which Linear Productions may incur by virtue of any breach of the above warranties.
All footage and artwork files created during the production process remain the property of Linear Productions. Edits and raw footage will be kept on file after completion of any work for a period of six months.
Any Amendments or modifications requested by the Customer at a later date (up to six months later) will be charged at an hourly rate. All projects and raw footage can be safely archived for an additional cost.
All footage and artwork files remain the property of Linear Productions. Should the Customer wish to use the footage or artwork files for any purpose other than that agreed between the Customer and Linear Productions, the Customer must first request permission from Linear Productions, and permission must be granted by Linear Productions, and where the footage, edit or artwork is used, Linear Productions must be credited as required by Linear Productions.
Linear Productions reserves the right to use any footage or artwork for means of advertising and self-promotion in print and online.
Logo designs remain the property of Linear productions until any payments have been received in full. Trademarks and copyrights will then be transferred to complete ownership.
10. Liability:
The Customer must first contact Linear Productions concerning details of an invoice within 7 days of the date of the invoice.
The Customer agrees to indemnify Linear Productions against any claims, damages, losses, costs and expenses which Linear Productions may sustain or incur in relation to any content and materials which the Customer provides, such an indemnity applying in respect of any claims for any breach of applicable law of regulation or any infringement of any intellectual property rights.
Linear Productions will not be liable for the cost of reshooting or reprinting the material contained on the material and;
Linear Productions will not be liable for any loss or damage to the Customer of any other party including loss of income and;
It is the Customer’s responsibility to insure against such loss and damage.
Linear Productions will not be liable for failing to complete any contract between Linear Productions and the Customer due to circumstances beyond Linear Productions’ control including: loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
11. Cancellation:
The Customer must endeavour to give Linear Productions at least one week’s notice for cancellation of filming days. Where this is not possible;
Cancellation of filming days with more than 48 hours notice will incur no cost to the Customer.
Cancellation of filming days with less than 24 hours notice will incur the full cost of the filming day.
Cancellation of filming days with between 24-48 hours notice will incur 50% costs of the filming day.
12. Termination:
Either party may terminate an agreement immediately in the event that:
Either party commits a serious, grave or material breach or persistent breaches of the Agreement including non-performance, default or neglect of its duties, responsibilities and obligations under the agreement, and
Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.
Furthermore, an agreement may be terminated in the event that:
Either party is unable to pay or has no reasonable prospects of paying their debts the amount or aggregate amount of which equals or exceeds the bankruptcy level within the meaning of the Insolvency Act 1986, or
Being a company becomes subject to an administration order or goes into liquidation, (other than for the purpose of amalgamation or reconstruction), or
Has a receiver appointed to administer any of its property or assets, or
Ceases or threatens to cease to carry on business, or
Makes any voluntary agreement or enters into a compromise for the benefit of its creditors, or
Fails to make payment in accordance with the terms of the Agreement.
On the termination of an Agreement any completed parts of the Project already delivered to the Customer or test examples of the Project not already paid for by the Customer will be returned to Linear Productions. Furthermore, the Customer shall not retain any copies of the returned Project, parts thereof or test examples of the Project.
Any termination of an Agreement shall be without prejudice to any rights accrued in favour of
either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of an Agreement which are by their construction intended to survive such termination (including, without limitation, clauses, 9 and this clause 11).
Last Updated: 17/10/2020