Video Production – Terms and conditions
These Terms and Conditions are for your protection as well as ours. Please read them carefully.
1. Copyright (Gullion Media Limited material)
The Copyright of all material that has been captured by Gullion Media Limited is solely owned by Gullion Media Limited and protected under United Kingdom of Great Britain & Northern Ireland Law.
Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client. This will be clearly specified in your written quotation. In both circumstances, Gullion Media Limited reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes
2. Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a Gullion Media Limited production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Gullion Media Limited to use this material the copyright must be explicitly transferred to Gullion Media Limited. Or the material to be provided to Gullion Media Limited totally free of charge and the client will have to indemnify Gullion Media Limited against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
All photographs remain the copyright of the Photographer, and no additional use other that what is agreed and specified at the outset, can be made of the images. If reprints or enlargement are required ‘The Photographer’ will be able to supply prints at the standard price list print and size rate. Doing so without permission of ‘The Photographer’ is breaking the law.
All cinematography remain the copyright of the Cinematographer, and no additional use other that what is agreed and specified at the outset, can be made of the images. Doing so without permission of ‘The Cinematographer’ is breaking the law.
Gullion Media Limited will reserve the right to use the final production in full or part content for promotional purposes.
3. Performers Release usage
At all times Gullion Media Limited advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Gullion Media Limited if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
4.1. Payment terms
Engagement of any project is subject to 50% of the estimated production costs being paid by the client to Gullion Media Limited up front. Once funds are cleared, development and pre-production for the video project can commence.
A second payment of 25% of the estimated production costs will be required from the client and funds cleared before Gullion Media Limited can commence filming/principle photography/digital video recording.
The final 25% plus any additional costs incurred by Gullion Media Limited, will be invoiced once the project has been signed off.
Our terms on the final payment are strictly 14 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Gullion Media Limited reserves the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme.
For new clients or those overseas, invoices must be paid before digital content can be released.
Returned cheques will incur an additional fee of £50 per returned cheque. Gullion Media Limited reserves the right to consider an account to be in default in the event of a returned cheque.
We understand and 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. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment.
Gullion Media Limited reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned 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 Changes.
If The Client fails to communicate with Gullion Media Limited for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Gullion Media Limited reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
5. Approval / amendments of draft footage (1 set of minor amendments)
On the majority of projects, a ‘draft ‘version of the production will be forwarded to the Client for their review. This draft may receive one set of revisions only, which is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional daily rate of £300.00 per part day or part thereof. (Daily rate is for 8 hours – additional hours must be negotiated at a rate of time and a half: i.e. £37.50 hrly/rate x 1.5 = £56.25)
6. Health and Safety
In all instances Gullion Media Limited 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.
Gullion Media Limited will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
7. Insurances (people, equipment etc)
Gullion Media Limited carries public liability insurance cover of £5 million pounds. Upgraded specific project insurance cover can be provided if required upon request.
8. Bad weather
In the event of inclement weather, Gullion Media Limited reserves the right to change the date of filming to a more suitable day Gullion Media Limited will not allow the safety of the equipment or personnel to be compromised.
9. Aborting filming (on shoot day) or re shooting due to clients lack of organisation.
The parties agree that Gullion Media Limited may use images from Client’s event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of Gullion Media Limited.
10. Changing filming dates.
In the event of the Client wishing to change the filming date we insist on a minimum of 4 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
11. Equipment substitution / failure.
In the unlikely event that Gullion Media Limited 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. No further claims or liability will be accepted.
12. Works specified (as per estimate)
All works undertaken will be as per Gullion Media Limited written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming or editing will be charged at our daily rates.
13. Clear access for filming
If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Gullion Media Limited has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
14. Project Duration
Any indication given by Gullion Media Limited of a design projects duration is to be considered by the customer to be an estimation. Gullion Media Limited will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. However, Gullion Media Limited cannot be held responsible for any project over-running, whatever the cause.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client.