TERMS & CONDITIONS
These Terms and Conditions are for your protection as well as ours. If you require clarification on any points, please do give us a call.
The core elements of the Terms & Conditions can be read below.
Full payment is due strictly within 30 days of the invoice date unless otherwise agreed.
If work is to be carried out outside, in the event of bad weather like heavy persistent rain or snow Vendor requires 24 hours notice to avoid Company having to pay 75% of the production costs.
If Company wish to change the filming date(s) please provide at least 3 weeks notice to avoid additional costs.
Expenses are charged at cost and are in addition to Vendor's production rates.
Vendor normally provide one set of revisions in the final edit as part of the standard cost. Company will then have seven working days to provide any revisions.
Cancelling the job any later than 12 working days up to 72 hours before production starting would mean Company will be charged a cancellation fee of up to 50% of the total agreed invoice amount.
Cancellations less than 72 hours prior to the production stage will mean Company lose 75% of the total charge, as well as any associated equipment hire costs that Vendor may have incurred.
Cancelling during the production stage means Company will lose 100% of the remaining balance.
Cancelling or moving pre-production meetings or site recce’s may incur a charge.
Vendor may require staged payments.
Deposits are non refundable.
By providing Vendor with an order, Company accepts the terms and conditions in full.
Please ensure you read through the full document below before agreeing to work with us.
1. Definitions & General Terms
In these Terms and Conditions the word 'Vendor' 'they' 'their' 'them' refers to solo16, a Limited company. The word ‘Company’ 'they' 'their' refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
The term ‘video’ refers to the product and service with which Vendor will supply Company. The term “footage” refers to the media content captured by Vendor's cameras and audio equipment during the production of Company's project.
The term “pre-production” refers to the planning and organisation process which takes place before the production stage. The term “production” refers to the gathering of, or intention to gather, media content (including footage) for use in Company's project. The term “post-production” refers to the process of importing, editing and encoding the media content for Company's project, combining this with any additional material including graphical and musical elements.
These Terms and Conditions apply to all video, and associated audio products created by Vendor, including all moving and still images and sound recordings of whatever form.
2.1 A contract is formed between Vendor and Company when an order is accepted from Company.
2.2 An order may be in written, verbal or in electronic form.
3.1 To secure the provision of Vendor's services, a non-refundable deposit may be required in advance of production.
3.2 Deposit payments must be cleared before the project start date in order for Vendor's work to begin and to secure the booking.
3.3 Vendor's payment terms are strictly 30 days from date of a correct invoice. This term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, Company accepts this term.
3.4 Vendor may add an accumulative interest rate on late payments as dictated under the UK government late payments scheme. This will be charged at the Bank of England’s base rate.
3.5 If Company pay with a cheque and it's returned from Vendor's bank Company will incur an additional fee of £50 exc vat.
3.6 Vendor will exercise their statutory right to claim interest and compensation for any debt recovery costs under the late payment legislation.
3.7 Company will be responsible for any collection or legal fees necessitated by their late or default payment.
3.8 Vendor reserves the right to withhold delivery and any transfer of ownership of any current work if Company's account is not paid in full.
3.9 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.
4.1 Vendor will generate a plan and quote for the production of Company's project, and this is sent to Company as an email. By agreeing to this and our terms and conditions, Company are accepting that they have read and agreed to the plan and quote that is sent to them.
4.2 Any plans and quotes are valid for thirty days from the date of submission unless otherwise stated.
4.3 The plan and quote Vendor provides to Company is only valid based on the information Company provides Vendor being true. Any changes in circumstances or requirements may result in an amended plan and quote.
4.4 Vendor will not accept liability for delays or failure to deliver the agreed product if caused by any element which is Company's responsibility.
5.1 Unless otherwise agreed, Company accept Vendor's decisions on creativity within the product(s) or service(s).
5.2 Clear access for video and sound capture will be arranged and managed by Company. If filming venues are being organised by Company, it is their responsibility to ensure that Vendor's production crew and supporting personnel have clear access to all relevant locations required throughout the day.
5.3 Delays in production as a result of inadequate access or facilities may incur additional charges.
Health & Safety
5.4 Vendor reserves the right in all instances to remove any of their personnel and / or equipment from a location if they think it to be unsafe or if Vendor's crew are subjected to abusive or aggressive behaviour. In such circumstances Company will be liable for any costs incurred or subsequently arising as a result.
5.5 Vendor will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
Adverse weather conditions
5.6 In the event of heavy persistent rain or snow which in Company's opinion will compromise the quality of any external filming, Company will provide Vendor with written notice 24 hours before the start of production. Vendor will then aim to postpone the filming to an alternative day. Depending on the size and nature of the production there may be a cost associated with this change of plan which Company will be required to pay. Failure to notify Vendor within this time period will mean that Company will have to pay a percentage of the total amount. Please refer to Vendor's cancellation policy.
5.7 In the event of heavy persistent rain or snow, which in the Vendor's opinion would pose a risk to health & safety of their personnel or equipment, Vendor reserves the right to change the date or time of filming to a more suitable date or time. There would be no cost to Company for this and Vendor will not be liable for any loss of earnings from Company if this situation arises.
Aborting filming & or changing pre agreed filming dates.
5.8 In the event of Company wishing to change or delay the production on the agreed date(s), or times due to issues with access, facilities, organisation or any other matter specified in the production brief, Vendor asks for a minimum of 3 weeks written notice. Failure to notify Vendor within this time period will mean that Company will have to pay a percentage of the total amount. Please see Vendor's Cancellation/Postponement Policy.
Equipment substitution / failure.
5.9 In the unlikely event that Vendor experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible.
5.10 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.
Performers Release usage
5.11 At all times Vendor advises and recommend Company to use and enforce Performers Release Forms, especially if minors are involved.
5.12 No discounts or liability will be accepted by Vendor if the production must be re-edited due to a performer refusing permission to show their image or use their audio in whatever form.
5.13 Live broadcasting costs exclude data fees unless otherwise agreed.
5.14 If broadcasting with a satellite dish once transmission time slots are booked they cannot be cancelled, however they can be extended.
5.15 In severe weather conditions and winds over 45mph it may not be safe to deploy Vendor's satellite dish.
5.16 Vendor cannot be held responsible for lack of satellite connection if the dish position arranged is not available on the day or the position is changed from the agreed location. The satellite requires an uninterrupted line of site.
5.17 In the event of failure of the satellite connection or any 4G signal due to issues with the provider where the guaranteed booked section is used Vendor are only liable for refunding the booked session cost.
5.18 Vendor cannot be held responsible for down time, technical errors or problems with any content delivery network like Vimeo, Facebook or Youtube etc or any cellular 4G provider.
5.19 Vendor carries public liability insurance cover of five million pounds which cover them for the result of actions carried out solely by Vendor, not anybody else.
Company shall absolve Vendor from any legal claims (including, but not limited to, copyright infringement, libel, trespass and breach of privacy) resulting from any filming, editing or other work which Vendor carrys out under Company's direction or on their behalf.
Vendor's equipment is insured, subject to the following: Company shall pay a policy excess of £250 in respect of any claim arising through the direct involvement of anyone other than Vendor's staff or their direct sub contractors. Company shall be fully liable in the event that loss, theft, or damage occurs as a result of their employees, representatives or associates causing the equipment to be uninsured.
5.20 Vendor retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide Company with proof of expenditure.
5.21 All out-of-pocket expenses will be charged at cost and an estimate of these charges will be given at the time of quotation.
Aerial Drone Work
5.22 If commissioning Vendor to film from the air as a ‘stand alone’ service please refer to our separate Drone Terms & Conditions.
5.23 Vendor's Pilot’s guidance must be followed when commissioning drone work due to strict control by the Civil Aviation Authority. This includes a Pre and Post site assessment.
6. Post Production
Changes and amendments to Company's project after editing
6.1 Under normal circumstances one ‘first cut’ edit will be available for Company for review and comment.
6.2 One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief.
6.3 After the ‘first cut’ has been supplied Company will be given seven working days to notify Vendor of any editorial changes or amendments they may require. Changes or amendments may only be editorial – those that affect the original brief are not included.
6.4 Subsequent revisions or significant re-edits will be quoted for and charged accordingly.
6.5 Vendor do not normally provide facilities for Company to be present during editing although this can be arranged by prior agreement.
Project duration and delivery
6.6 Any indication given by Vendor of a design project’s duration is to be considered by Company to be an estimation.
6.7 Vendor will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from Company.
6.8 In all cases Vendor's liability will be limited to the agreed total cost of the project, less any costs incurred by them for any work already done on the project, provided such work is within the agreed production brief.
6.9 Vendor will not be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of your product.
6.10 Vendor will supply an electronic version of the final master film(s) via a file sharing site for download. Vendor are not responsible, unless otherwise agreed, for delivering the project in any other form.
Handling of Company's project’s footage and files during the project term
6.11 Vendor will take all reasonable steps and precautions to protect the footage files gathered during Company's project.
6.12 Vendor cannot be held liable if footage files are lost, damaged or stolen whilst in their possession. This includes, but is not limited to, theft under all offences listed in the Theft Act 1968. Other causes of loss of footage may include, but are not limited to, natural/human disasters/events, human error and computer system malfunction or failure.
6.13 In circumstances where footage files cannot be recovered, Vendor will decide whether to reproduce the content at no additional cost to Company, or terminate the project with a full refund.
Storage of Company's project’s footage and files after the project term
6.14 After a project’s completion, Company may be able to request a copy of the original footage for their own safe archive.
6.15 Company will need to supply a suitable sized external hard drive and cover the courier costs to and from Vendor's HQ.
6.16 Vendor cannot be held liable if footage files are lost, damaged or stolen after the project is complete or whilst in transit.
7. Cancellation / Postponement
Vendor's right to cancel
7.1 Vendor reserves all rights to terminate their provision of service to Company at any time.
7.2 In the event of a Vendor cancellation, any deposit will be fully refunded. Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
Company's right to cancel / postpone
7.3 Company reserve all rights to terminate the provision of Vendor's services at any time. Any deposits paid are non refundable. Company will also be charged for any expenses incurred by Vendor in the planning of Company's project.
7.4 If postponement or cancellation occurs any later than 12 working days up to 72 hours prior to the production period starting, Company may be charged a fee of up to 50% of the total agreed invoice amount plus any expenses incurred by Vendor in the planning of Company's project.
7.5 Cancellations or postponement less than 72 hours prior to the production period will mean Company loses 75% of the total charge, plus any expenses incurred by Vendor in the planning of Company's project.
7.6 Cancellations or postponement during the production period of Company's project up to and including post production will mean they lose 100% of the total remaining cost.
Production meetings or site recce
7.7 If Vendor attends a production meeting, or are travelling to a site recce which is cancelled, delayed or disrupted by Company, Vendor reserves the right to charge a maximum of £475.00 exc VAT per person to cover the cost of their time and expenses.
8.1 The Copyright of all material that has been captured by Vendor is solely owned by Vendor and protected under UK Law.
8.2 Upon completion and cleared funds, Vendor will, in some instances and upon prior agreement, transfer the Copyright ownership to Company. This will be clearly specified in any written quotation.
8.3 Vendor reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes.
Material provided by Company
8.4 In the event of Company providing material (video, audio, photographs, logos etc) for inclusion into Vendor's production, copyright must first be obtained from the original copyright owner / material provider.
8.5 Company will be responsible for any future possible claims, disputes, expenses or similar that may arise from a third party concerning usage of such material.
8.6 Vendor reserves the right to use the final production in full or part content for promotional purposes including social media promotion.
8.7 Vendor assigns to Company a licence to use the video production in its complete delivered form only.
8.8 Vendor does not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
9.1 If Company fails to communicate with Vendor for a period of more than 30 days without explanation, the project will be considered complete.
9.2 Failure to communicate does not relieve the Company of their obligation to pay the due amount.
9.3 If Company's account defaults they agree to pay Vendor reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
10.1 Unless otherwise agreed Vendor will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, Company will keep confidential any methodologies and technology used by Vendor in the delivery of product(s) or service(s).
11. Rights Reserved
11.1 Should Vendor choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of their rights.
11.2 By providing Vendor with an order, Company accepts these terms and conditions.
12. Basis of Law
12.1 These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of England.
All Terms and Conditions stated within this document override any Terms and Conditions from Company.
THESE TERMS WERE LAST REVIEWED AND UPDATED AT ON 15/10/23