TERMS OF SERVICE
GENERAL TERMS & CONDITIONS OF SERVICE
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PLEASE NOTE: These are our standard Terms of Service, however please contact us if you would like to discuss amendments or alternative agreements to these terms in order to be in line with your project or organisation’s own requirements.
DEFINITIONS
Client: The business, organisation or person who engages Pearce Productions to carry out the work of the project, production or video for them.
Project / Production / Video / Goods: The end production, event or video which is ordered and used by the client.
Contract: A written arrangement agreed between Pearce Productions and the client in the form of a purchase order or written brief.
Third party: Any company, organisation or person not affiliated with or controlled by Pearce Productions or the client.
1). Acceptance of this quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between Pearce Productions and the client.
2). All quotes are free and valid for 30 days unless otherwise agreed or stated.
3). Costs will be discussed during initial meetings between the client and Pearce Productions. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified, agreed in writing and charged accordingly to the client.
4). Production fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc or tape duplications, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
5). 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.
6). Pearce Productions will not commence work on any project until a signed purchase order or equivalent document has been provided by the client.
7). The client’s requirements must be clearly provided in the form of a written brief to Pearce Productions with at least 48 hours notice before commencement of any work.
8). Unless agreed otherwise in writing, Pearce Productions reserves the right to request 50% of the invoice as a non-refundable deposit which must be paid after terms of contract are agreed and at least 7 days prior to commencement of any work. The remaining 50% shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
9). Notice of Cancellation or Termination: Prior to commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, Pearce Productions reserves the right to make the following cancellation/termination charges. Cancellation by the client with less than 48 hours notice may result in up to 50% of total charge minus any deposit paid. Cancellation by the client prior to 48 hours notice may result in a charge being made to cover costs already incurred. Cancellation by the client when the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made.
Pearce Productions reserve the right to cancel or terminate a contract if:
a). You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of Pearce Productions and anyone connected with Pearce Productions could be damaged.
10). The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Pearce Productions unless any other written agreement is reached in advance.
12). A project will only be publicly released by Pearce Productions and the client once both parties (Pearce Productions and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.
13). Pearce Productions 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 libelous, defamatory or 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.
14). Pearce Productions 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 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 Pearce Productions, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
15). Pearce Productions cannot be held liable for loss or damage caused as a result of third party action or failure.
16a) COPYRIGHT & OWNERSHIP: In alignment with UK law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned to Pearce Productions, Pearce Productions assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.
16b) PERMITTED USAGE: In consideration of, and subject to, the final payment of full fees due to Pearce Productions by the client, Pearce Productions hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes
16c) RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written permission from Pearce Productions. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
17). Pearce Productions retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of Pearce Productions promotional use, unless otherwise agreed in writing with the client.
18). Any confidential or proprietary information which is acquired by Pearce Productions 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, Pearce Productions will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the Pearce Productions to supply of the product(s) or service(s).
19). Unless otherwise agreed in writing, the client accepts Pearce Productions’ decisions on creativity within the product(s) or service(s).
20). If full payment is not received within the time frame stated on the issued invoice, Pearce Productions reserve the right to remove all or any discounts offered on the original agreed quotation. These discounted amounts (in £GBP) will be invoiced separately – and in addition to the original invoice – at the discretion of Pearce Productions.
21). Payment may be made by bank transfer or cash. Bank account information will detailed on the invoice, or cash can be handed over in person at Pearce Productions.
22a). On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by Pearce Productions.
22b). Pearce Productions reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract. RE-MASTERING: Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to an additional re-mastering fee. (Calculated from the extra time spent in additional changes based off the current editing day rate) This is to cover the costs of making minor amends, re-exporting the files and processing QC.
23). Pearce Productions 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.
24). Any claims must be made in writing to Pearce Productions within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
25). Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of Pearce Productions. Any material published that has not been fully paid for, will be copyright-claimed by Pearce Productions to the publishing platform.
26). Pearce Productions reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
27). If a client takes all footage (or a copies of all footage and material) away from Pearce Productions – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. Pearce Productions will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from Pearce Productions’ media server and hard drives at any point in the future. Unless otherwise agreed, automatic backup of your footage will be for a minimum of 1 month after the final delivery date of your project. After this point your footage may or may not be deleted.
28a). Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of Pearce Productions, and copies will be given over to client at the discretion of Pearce Productions. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.
28b): SUPPLY OF RUSHES / ALL FOOTAGE FILMED: Rushes (all filmed footage) are not supplied to the client as standard. Rushes/video files can be supplied for an additional fee of £99 (plus the cost of a storage device and postage).
29). PEARCE PRODUCTIONS CREDIT: Unless you specify otherwise, it is standard procedure for us to include a Pearce Productions credit slide at the end of all videos.
30). If production time is quoted, agreed and subsequently invoiced and paid for – then any unspent production time will be issued as a credit note (at the discretion of Pearce Productions) for future use. No refunds will be given.
31). A standard filming day is 8 hours of crew time on-set or at location (including lunch and breaks, but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.