T&Cs

 
 

Sundown Films - Terms & Conditions

 

[1]    SUNDOWN FILMS office hours are 9.00 a.m. to 5.00 p.m. Monday to Friday unless notified otherwise.

 

[2]    In the event of a cancellation/postponement/reschedule/or error on the client’s behalf, SUNDOWN FILMS requires 7 full days prior notice to the start of production. If SUNDOWN FILMS does not receive said notice, we reserve the right to bill the client for relevant production costs or editing already undertaken.  

 

[3]    If SUNDOWN FILMS staff turn up to a shoot where they were booked in to go and film and no opportunity to film arises, SUNDOWN FILMS will invoice the client for being on call at £400 a day rate plus any travel costs. This charge is for the time spent by SUNDOWN FILMS organising the shoot and losing progress on our other projects.

 

Copyright

 

[4]    SUNDOWN FILMS retains all copyright, intellectual property rights, and producers’ rights of any commissioned or contracted production until payment has been made. Copyright would then be signed over to the client in writing after payment to SUNDOWN FILMS has been made. Using the video before then will result in a £100 per day charge.

 

[5]    SUNDOWN FILMS reserve the right to use the resulting video/photography to promote the SUNDOWN FILMS brand and/or production values, including through the SUNDOWN FILMS website and social media sites

 

Invoicing and Payment

 

[6]         Before any work is undertaken by SUNDOWN FILMS or filming dates are booked in, a deposit of  30% projects cost will paid.

 

[7]    Any project undertaken by SUNDOWN FILMS will be paid for by the client within 30 days once the final invoice has been sent. Video files will not be provided until the final invoice for the project has been paid.

 

[8]    SUNDOWN FILMS reserve the right to retain the completed master copy of the video files, regardless of external factors and/or client’s deadlines, until said payment is received.

 

[9]    If any due payment is not received within 30 days of the invoice date, SUNDOWN FILMS will automatically charge interest at a rate of 10% per day, which will be added to the customer’s fees unless payment alterations are discussed in advance. 

 

[10]     Payments may be made by bank transfer or cheque – bank transfer is preferred.

 

[11]    All cheques must be made payable to SUNDOWN FILMS and sent to: SUNDOWN Films, 303 Newton Road, St Helens, WA9 2JY

 

Copy Approval

 

[12]     The customer’s requirements must be clearly provided to SUNDOWN FILMS in person, writing or email before the commencement of work and subject only to minor alterations thereafter.

 

[13]     Any alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement. Such alterations are also subject to project price change. There is 1 free re-edit included in your costs (requiring a confirmed list of changes from yourself in writing) but once SUNDOWN do the requested changes you asked for, there will be a £200 per day editing charge for any extra changes after that if you require more amendments.

 

[14]    Videos or photography will only be publicly released after the customer has approved all content as complete and satisfactory and has confirmed this in writing (e-mail will suffice).

 

Termination of Service

 

[15]    A customer may terminate the contract at any time by written notice of termination.

 

[16]     When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by SUNDOWN FILMS.

 

[17]    Any monies held on account and unused will be returned subject to a 5% administration charge. Deposits will not be returned under any circumstances.

 

Unsuitable/Illegal Information

 

[18]    SUNDOWN FILMS reserves the right to refuse to design, film, photograph, use, publish or broadcast any information or images it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.

 

[19]    Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information, its inclusion will be re-evaluated.

 

Errors and Omissions

 

[20]    SUNDOWN FILMS cannot be held liable for loss or damage caused as result of third party action or failure.

 

[21]     SUNDOWN FILMS cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published, broadcast or used in any capacity.

 

Contracts

 

[22]    Customer contracts or briefs may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs.

 

[23]    If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract/brief and, once approved, becomes contractually binding.

 

[24]    E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes or projects.

 

[25] SUNDOWN FILMS will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client (e.g. these terms & conditions) and the deposit has been paid.

 

Confidentiality

 

[26]    Any confidential or proprietary information which is acquired by SUNDOWN FILMS from a client company, person or entity will not be disclosed to any person or entity, except when required to do so by law or with the permission of said client. If required, SUNDOWN FILMS are willing to sign and adhere to the conditions of a confidentiality agreement prepared by the client.

 

Deadlines

 

[27]    Any contract and/or brief which requires SUNDOWN FILMS to work to specific deadlines provided within the written agreement will be deemed to include a provision that the clients will make themselves reasonably available to communicate with SUNDOWN FILMS its servants, employees, representatives, or agents as necessary.