West Coast Films Terms & Conditions of Sale (v.1 2019)
These Terms and Conditions are for your protection as well as ours. Please read them carefully.
If you need 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 working days of the invoice date.
In the event of bad weather that you feel will have an adverse effect on
production we require 24 hours notice to avoid you having to pay 50% of
the production costs.
If you wish to change the filming date(s) please can you give us at least
3 weeks notice to avoid additional costs.
Expenses are charged at cost and are in addition to our production rates.
We normally provide one set of revisions only in the final edit as part of the standard cost (unless stated otherwise). You will then have seven working days to provide any revisions.
Cancelling the job any later than 12 working days prior to production starting would mean you may be charged a cancellation fee of up to 50% of the total agreed invoice amount.
Cancelling during the production means you will lose 75% of the remaining balance.
Cancelling or moving pre-production meetings or site recce’s may incur a charge.
Copyright of all material that has been captured by us is solely owned by us and protected under UK Law.
If you fail to communicate with us for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. Failure to communicate does not relieve you of your obligation to pay the due amount.
We may require staged payments.
Deposits are non refundable.
By providing us with an order, you accept 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 ‘West Coast Films’ ‘we’ ‘the company’ ‘us’ ‘our’ and ‘ours’ refer to West Coast Films. The words ‘client’ ‘customer’ ‘your’ and ‘you’ 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 we will supply you. The term “footage” refers to the media content captured by our cameras and audio equipment during the production of your 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 your project. The term “post-production” refers to the process of importing, editing and encoding the media content for your 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 West Coast Films, including all moving and still images and sound recordings of whatever form.
2. Supply 2.1 A contract is formed between us and you when an order is received from you. 2.2. An order may be in written, verbal or in electronic form.
3. Payment 3.1 To secure the provision of our 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 our work to begin. 3.3 Our payment terms are strictly 30 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, you accept this term. 3.4 We 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 your cheque is returned from our bank you will incur an additional fee of £50. 3.6 We will exercise our statutory right to claim interest and compensation for any debt recovery costs under the late payment legislation. 3.7 You will be responsible for any collection or legal fees necessitated by your late or default payment. 3.8 We reserve the right to withhold delivery and any transfer of ownership of any current work if your 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. Pre-production 4.1 We will generate a proposal and quote for the production of your project, and this is sent to you as an email and/or link to a password protected page on our website. By agreeing to these terms and conditions, you are accepting that you have read and agree to the proposal and quote that is sent to you. 4.2 Any plans and quotes are valid for thirty days from the date of submission unless otherwise stated. 4.3 The proposal and quote we provide to you is only valid based on the information you give us being true. Any changes in circumstances or requirements may result in an amended proposal and quote. 4.4 We will not accept liability for delays or failure to deliver the agreed product if caused by any element which is your responsibility.
5. Production Creative Brief 5.1 Unless otherwise agreed, you accept our decisions on creativity within the product(s) or service(s). Access 5.2 Clear access for video and sound capture will be arranged and managed by you. If filming venues are being organised by you, it is your responsibility to ensure that our 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 We take Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we think it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances you will be liable for any costs incurred or subsequently arising as a result. 5.5 We 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 inclement weather, which in your opinion will compromise the quality of our production, you will provide us with written notice 24 hours before the start of production. We will then aim to postpone the filming to an alternative day. Dependant on the size and nature of the production there may be a cost associated with this change of plan which you will be required to pay. Failure to notify us within this time period will mean that you will have to pay 50% of the total production costs in addition to the costs associated with the re-shoot. 5.7 In the event of inclement weather, which in our opinion would pose a risk to health & safety of our personnel or equipment, we reserve the right to change the date or time of filming to a more suitable date or time. There would be no cost to you for this and we will not be liable for any loss of earnings from you if this situation arises.
Aborting filming & or changing pre agreed filming dates. 5.8 In the event of you 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, we ask for a minimum of 3 weeks written notice. Failure to notify us within this time period will mean that you will have to pay 50% of the total production costs in addition to the costs associated with the re-shoot.
Equipment substitution / failure. 5.9 In the unlikely event that we experience 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 we advise and recommend you to use and enforce Performers Release Forms, especially if minors are involved. 5.12 No discounts or liability will be accepted by us if the production must be re-edited due to a performer refusing permission to show their image or use their audio in whatever form. Insurance 5.13 We carry public liability insurance cover of five million pounds. A copy of our insurance certificate can be provided on receipt of a request to our offices. Expenses 5.14 We retain the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide you with proof of expenditure. 5.15 All out-of-pocket expenses will be charged at cost and an estimate of these charges will be given at the time of quotation.
6. Post Production Changes and amendments to your project after editing 6.1 Under normal circumstances one ‘first cut’ edit will be available for you 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 proposal. 6.3 After the ‘first cut’ has been supplied you will be given seven working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original proposal are not included. 6.4 Subsequent revisions or significant re-edits will be quoted for and charged accordingly unless stated or agreed otherwise in the proposal. 6.5 We do not normally provide facilities for you to be present during editing although this can be arranged by prior agreement.
Project duration and delivery 6.6 Any indication given by us of a design project’s duration is to be considered by you to be an estimation. 6.7 We will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from you. 6.8 In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project, provided such work is within the agreed production brief. 6.9 We will not be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of your product. 6.10 We will supply an electronic version of the final master film(s) via a file sharing site for download. We are not responsible, unless otherwise agreed, for delivering the project in any other form.
Handling of your project’s footage and files during the project term 6.11 We will take all reasonable steps and precautions to protect the footage files we gather during your project. 6.12 We cannot be held liable if footage files are lost, damaged or stolen whilst in our 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, we will decide whether to re-produce the content at no additional cost to you, or terminate the project with a full refund.
Storage of your project’s footage and files after the project term 6.14 After a project’s completion, you may be able to request a copy of the original footage for your own safe archive. 6.15 You will need to supply a suitable sized external hard drive and cover the courier costs to and from our HQ. 6.16 We cannot be held liable if footage files are lost, damaged or stolen after the project is complete or whilst in transit.
7. Cancellation Our right to cancel 7.1 We reserve all rights to terminate our provision of service to you at any time. 7.2 In the event of our 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.
Your right to cancel 7.3 You reserve all rights to terminate the provision of our services at any time. Any deposits paid are non refundable. 7.4 If cancellation occurs any later than 12 working days prior to production starting, you may be charged a cancellation fee of up to 50% of the total agreed invoice amount. 7.5 Cancellations during the production stage will mean you lose 75% of the total charge, as well as any associated equipment hire costs that we may have incurred. 7.6 Cancellations during the post- production stage of your project will mean you lose 100% of the total remaining cost. Production meetings or site recce 7.7 If we attend a production meeting, or are travelling to a site recce which is cancelled, delayed or disrupted by you, we reserve the right to charge a maximum of £250.00 per person to cover the cost of our time and expenses.
8. Copyright West Coast Films material 8.1 The Copyright of all material that has been captured by us is solely owned by us and protected under UK Law. 8.2 Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to you. This will be clearly specified in your written quotation. 8.3 We reserve the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes.
Material provided by client 8.4 In the event of you providing material (video, audio, photographs, logos etc) for inclusion into our production, copyright must first be
obtained from the original copyright owner / material provider. 8.5 You 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 We reserve the right to use the final production in full or part content for promotional purposes. 8.7 We assign to you a licence to use the video production in its complete delivered form only. 8.8 We do 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. Default 9.1 If you fail to communicate with us for a period of more than 30 days without explanation, the project will be considered complete. 9.2 Failure to communicate does not relieve you of your obligation to pay the due amount. 9.3 If your account defaults you agree to pay us reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
10. Confidentiality 10.1 Unless otherwise agreed we will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, you will keep confidential any methodologies and technology used by us in the delivery of product(s) or service(s).
11. Rights Reserved 11.1 Should we choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of our rights. 11.2 By providing us with an order, you accept these terms and conditions.
12. Basis of Law 12.1 These Terms and Conditions and any accompanying letter and/or proposal/contract are governed by the laws of the United Kingdom.
All Terms and Conditions stated within this document override any Terms and Conditions from the client.