1 Interpretation
1.1 In these Conditions:
Client means the person or persons who accept(s) a quotation
from the Company for the provision or contract of Services to themselves
or their business or their employees or whose booking for the Services
is accepted by the Company.
Company means ShootFirst Broadcast Ltd.
Services means the services which the Company is contracted
to supply in accordance with these conditions.
Conditions means the standard Terms and Conditions of
sale and supply set out in this document, and (unless the context otherwise
requires) includes any special terms and conditions agreed in writing between
the Client and the Company.
Crew means a television crew comprising any number of
people from a sole cameraman.
Working Day comprises the number of days agreed in writing
between the Client and the Company.
Interest means interest at the rate of 10% per annum
above the Bank of England base rate on the day of the Company’s invoice
to the Client.
1.2 Any reference in these Conditions to any provision
of a statute shall be construed as a reference to that provision as amended,
re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience
only, and shall not affect their interpretation.
2 Provision of Services
2.1 The Company shall provide the Services (and/or
fulfil the Contract) in accordance with any written quotation (or oral
booking confirmed in writing or by email or fax) of the Company which is
accepted by the Client, subject in either case by these Conditions.
2.2 The Company is not obligated to provide Services
unless and until the Company has received such written confirmation.
2.3 The Client shall not further assign the Company’s
services to a third party, or instruct the Company’s employees or representatives
to engage on work for any other project, or film, televise, record, or
photograph any scene or incident which is not relevant to said assignment
for which the Services were originally contracted without prior notice
to the Company in writing, or by fax or email, not less than 24 hours prior
to the proposed commencement of the assignment, whereupon the Company will
renegotiate with the Client and agree suitable fees before the assignment
is undertaken. Failure to do so will render the booking for the Services
invalid, whereupon the fees in respect thereof shall become immediately
due and payable, notwithstanding any previous agreement or arrangement
to the contrary.
2.4 In the event of the Client cancelling a booking
that the Client previously confirmed in writing or by fax or email, the
Client shall be liable to pay the Company a cancellation fee. Whilst
the Company will make a reasonable decision based on the amount of notice
given by the Client, whether or not the Crew has already turned down other
work as a result of the Client’s prior booking and whether or not the Crew
is subsequently able to secure other work on the day(s) covered by the
Client’s cancellation, the Company reserves the right to charge a cancellation
fee of up to 100% of the fee agreed for the original booking.
2.5 Hours worked in excess of ten per day (from
Brighton base), will be liable to an additional hourly charge at published
rates. All hours worked in excess of ten per day are at the discretion
of the Crew, unless otherwise agreed with the Company in writing, or by
fax or email, at the time of the original booking of the provision of Services.
2.6 The Client shall provide the Crew with a break
of one hour at the end of each period of 5 hours worked. Whenever
such a break is not provided, the Company shall be entitled to charge for
any work during such a period over and above the fee agreed for the provision
of Services.
2.7 The Client shall provide the Crew with a minimum
break of ten hours between the end of one day’s work, and commencement
of work the following day. Travelling time between the location and
the Crew’s accommodation is not included in this 10 hour period.
Whenever such a break is not provided, the Company shall be entitled to
charge for any work during such a period over and above the fee agreed
for the provision of Services.
2.8 The Company will provide tape stock if required
by the Client. If the Client wishes to utilise their own stock, then
the Company cannot furnish any guarantee of recording quality using the
Client’s stock. Reused stock is used strictly at the Client’s risk
and the Client shall be liable should that stock cause damage to the Company’s
equipment.
2.9 Other incidental expenses incurred and funded
by the Crew (eg parking, taxi fares, meals, etc) shall be charged to the
Client, unless other provision is made at the time of booking and /or agreeing
the Contract.
2.10 No variation to these Conditions shall be
binding unless agreed in writing between the authorised representatives
of the Client and the Company.
2.11 In the unlikely event of the Company failing
to supply the Services as a result of technical failure of equipment (whether
owned by the Company or hired in), failure of transport (vehicle breakdown
or delay of taxi, train, aircraft or other public transport), illness of
any person, failure of delivery service (eg despatch rider, courier, Royal
Mail) or any other reason, the Company’s liability to the Client shall
be strictly limited to the waiving of part or all of the fee agreed for
each day on which the failure to supply the Services occurred.
2.12 The Client should fully brief the Company
on the nature of the work to be undertaken and any risks (physical or otherwise)
involved in the provision of the Services. Additionally, the name
of the ultimate client and the nature of their activities should be made
clear to the Company at the outset. The Company will not normally
work on behalf of anyone whom it believes to be involved in the following:
the use or threat of violence towards anybody, illegal acts, extreme religious
or political opinions, racism, homophobia or the arms or tobacco industries.
3 Insurance
3.1 The Company provides insurance cover for its
equipment subject to the following conditions.
3.1.1 The Client shall be liable for the equipment
policy excess (£250) in the event of a claim arising through direct
involvement of any person/s other than the Company’s employees or their
representatives. |
3.1.2 The Client shall be
fully liable in the event of a claim arising through loss, theft, or damage
to the Company’s equipment if said loss, theft, or damage occurred as a
result of the Client’s employees or representatives causing the equipment
to be in an uninsured condition.
3.1.3 Provision of the Services which invalidates
the Company’s employees’, or their representatives’, personal insurance
policies (eg filming in a war zone, flying other than a fare-paying passenger
on a scheduled airline, etc) may not be undertaken without the provision
by the Client of a personal accident insurance for each of the Company’s
employees, or their representatives, to the value of AT LEAST £800,000
per person. Proof of this insurance policy MUST be presented, in
writing, at least 48 hours before the proposed commencement time of the
provision of Services to the Company or their representatives.
Failure to disclose any hazards which thus invalidate the personal insurance
policies of the Company’s employees, or their representatives, prior to
the provision of Services, will render the booking for said Services invalid,
whereupon the fees in respect thereof shall become immediately due and
payable, notwithstanding any previous agreement or arrangement to the contrary.
4 Terms of Payment
4.1 The Client shall pay to the Company fees at
the rate agreed in writing between the Client and the Company, and the
Client shall be additionally liable to pay Value Added Tax (VAT) on such
fees.
4.2 The Client will, on demand, reimburse the Company
for all authorised and/or reasonable expenditure incurred by the Company
or its representatives in connection with the provision of Services or
Contract.
4.3 All payments to the Company shall be made against
the Company’s invoice(s) that shall be presented at the end of each period
of the provision of Services or on completion of the designated milestones
in respect of the Contract.
4.4 The Client shall make all payments within 30
calendar days from the date of the Company’s invoice.
4.5 The Client shall make all payments in GBP £
Sterling by cash, cheque or bank transfer to the account of the Company
at a UK bank nominated by the Company.
4.6 If and whenever the Client shall fail to make
such payments within the said 30 calendar days period, the Client shall
pay to the Company interest on such outstanding payments, calculated from
the due date until the date of payment. The rate of interest will
be notified to the Client if such payments become outstanding, and will
be at least 10% higher than the then current Bank of England base rate.
4.7 Also, in the event of payments not being received
within the said 30 calendar days period, any quotation for Services or
Contract in force between the Client and the Company shall be deemed to
be invalidated, and the terms and conditions appertaining to said Services
or Contract shall no longer apply, but be open to re-negotiation.
4.8 If the Client is (a) Registered for VAT (or
local equivalent) and based outside the UK but within the EU, or, (b) based
outside the EU regardless of tax status, then Value Added Tax is not normally
chargeable. However this MUST be made clear by the Client and agreed
by the Company before the provision of the Services. It is unacceptable
for the Client subsequently to request to be invoiced outside the UK without
VAT being charged if this was not agreed in writing before the provision
of Services and agreement of rates.
4.9 If at any time the Client requests the Company
to invoice a third party with whom the Company has no contractual agreement
with regard to the Services, the Company reserves the right to refuse to
do this and to insist that the Client makes payment at the appropriate
time. If the Company agrees to invoice said third party but payment
is not made within 30 calendar days, the Client shall make immediate payment
to the Company of the full amount on demand.
5 Property
5.1 Notwithstanding the delivery to the Client,
or their authorised representatives, of any script, graphic, film, photographic
material, video tape, video disc, audio tape, audio disc, computer disc
or other related materials (whether subject to copyright or not) appertaining
to the provision of Services or Contract, or any other provision of these
Conditions, the property in such script, graphic, film, photographic material,
video tape, video disc, audio tape, audio disc, computer disc or other
related materials shall not pass to the Client until the Company has received
in cash, or cleared funds, payment in full of all outstanding invoices
in respect thereof.
5.2 Until such time as the property in such script,
graphic, film, photographic material, video tape, video disc, audio tape,
audio disc, computer disc, or other related materials passes to the Client,
the Company shall be entitled, at any time, to require the Client to deliver
up such script, graphic, film, photographic material, video tape, video
disc, audio tape, audio disc, computer disc or other related materials
to the Company and, if the Client fails to do so forthwith, to enter upon
any premises of the Client, or any Third Party, where such script, graphic,
film, photographic material, video tape, video disc, audio tape, audio
disc, computer disc or other related materials are stored and repossess
them.
5.3 Payments received for such script, graphic,
film, photographic material, video tape, video disc, audio tape, audio
disc, computer disc or other related materials which are delivered to the
Client within the provision of Services or Contract only relate to the
project for which said script, graphic, film, photographic material, video
tape, video disc, audio tape, audio disc, computer disc or other related
materials were commissioned. Said script, graphic, film, photographic
material, video tape, video disc, audio tape, audio disc, computer disc
or other related materials may not be assigned to a third party, in full
or in part, nor may they be used in conjunction with other materials and/or
for a separate project or projects, in full or in part, at any time without
written permission from the Company, which may also entail further fees
payable to the Company.
ENDS. |
