Terms & Conditions
By placing an order for services (whether verbally, in writing or electronic form) (whether video production or otherwise), he/she who places the order (“the Client”) agrees to enter into a legally binding contract with the Supplier, which is governed by the terms as set out below.
“The Supplier” Hummingbird Video
“Video Production Services” This includes any services provided by the Supplier connected to video
“Filming” References to this word or any derivative thereof are not necessarily relation to analogue film, but also to digital methods of recording motion.
“The Events to Film” That which the Client would like to be filmed and which the Supplier has previously agreed to film
Further to an order for Video Production Services, The Supplier agrees to provide the Client with the following:
Filming. This includes (and is limited to) the Supplier, or any such sub-contractor as the Supplier should independently choose, appearing at a location (agreed between the Supplier and the Contractor) and filming The Events to Film. It is the Client’s responsibility to provide and control the Events to Film.
One edit (“The Edit”). The Supplier will, using the footage captured of the Events to Film (and any other such footage as the Supplier should deem appropriate) provide an edited video to the Client. The Supplier has complete discretion over the content, style, output resolution, quality (or any other such parameter within the control of the Supplier) of the Edit. The Supplier will aim to provide the Edit to the Client within 3 months. The Edit will be provided to the Client electronically. If the Client should request revisions to the Edit within 14 days of its provision, the Supplier will make reasonable revisions to the Edit until such time as he (or a sub-contractor of his choosing) has spent 3 hours so doing. Further revisions will be chargeable to the Client at a rate of £150 per hour.
If the Client should request it expressly before the date of the Events to Film and provides the Supplier with an appropriate Solid State Drive (“SSD”) with sufficient capacity, the Supplier will transfer the unedited footage of the Events to Film to the SSD and return it to the Client at the Client’s expense. The Supplier does not accept responsibility for the reliability of any drive (whether SSD, hard drive or otherwise) or the reliability of the delivery of the footage to the Client. If the Client does not request it within the time-frame specified above, the Supplier reserves the right irrevocably to delete the footage recorded of the Events to Film and any other such relevant footage, audio, photographs (or anything else in his possession) at any time after the provision of the Edit to the Client.
Unless otherwise agreed, the Client accepts the Supplier’s decisions on creativity.
Further to an order for any other Services, the Client accepts the Supplier’s decisions on creativity.
50% of the agreed fee will be payable prior to the commencement of the services (“the Deposit”) at the time of order. Regardless of the circumstances, the deposit is refundable only at the discretion of the Supplier.
The Supplier will issue to the Client an invoice in respect of services provided, or to be provided, by the Supplier to the Client, the payment terms for which will be stipulated in the invoice. The Supplier reserves the right to charge interest on overdue amounts at an annual rate of 20% above the Lloyds Bank base rate ruling on the date payment is due. Title in the goods or services shall remain with the Company until full payment has been received.
Unless otherwise agreed, the Supplier retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to the Supplier to enable them to deliver the product(s) or service(s). The Client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Supplier retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed. The Client agrees to indemnify the Supplier in the event of any breach of copyright claims being brought against the Supplier in respect of material supplied by the Client.
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 the Client supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
The Supplier retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost.
FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for videography and editing, the Supplier will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by the Supplier or because of an unforeseen event, failure of equipment, or any dispute regarding the ownership of recorded materials.
BASIS OF LAW
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of England and Wales.