Terms & Conditions
1. Definitions & General Terms
1.1 In these Terms and Conditions the words ‘End Frame Productions’ ‘End Frame’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to End Frame Productions Ltd, a UK registered limited liability company. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
1.2 These Terms and Conditions apply to all video and associated audio product created by End Frame Productions, including all moving and still images and sound recordings of whatever form.
1.3 The words ‘Deliverable(s)’ and ‘Master Copy’ refers to any work specified on the quote under deliverables which is given and accepted by the Client.
2.1 All works undertaken will be as per End Frame Productions’ written quotation based upon the agreed production brief and as per these Terms and Conditions. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming outside of the original agreement will be charged at an agreed amount prior to the work taking place.
2.2 If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
2.3 End Frame Productions takes 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 deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances, the Client will be fully liable for any costs incurred or subsequently arising as a result. End Frame Productions will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
2.4 All video files and assets produced by End Frame Productions on the Client’s behalf will be stored until project completion at which time all assets will be archived for a limited time unless otherwise agreed.
2.5 The Client will be given the opportunity to extend the archive duration of all pertaining assets for an agreed fee before deletion.
2.6 Please note that unless paid for, all agreed assets are owned and stored at End Frame Productions, and are not transferable to the client without further agreement. All deliverable assets will be sent at the time of project completion, further copies may incur a charge.
2.7 End Frame Productions reserves the right to assign or sub-contract all or any part of its obligations to the Client.
2.8 The rates specified in our quotes do not include, Value Added Tax, any media stock or courier and delivery charges unless specified.
3.1 End Frame Productions carries 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.
3.2 Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief. Any amendments required to insurance cover after booking may incur additional charges.
4.1 Deliverables shall be fulfilled by End Frame Productions in accordance with the deliverables stated on the quote.
4.2 End Frame Productions shall produce a rough cut of the edit for the Client to view as well as provide the means for them to view it e.g. an URL link. Two further amendments to each edit are covered within the quote. Extra amendments may incur extra fees at the agreed daily rate for post-production.
4.3 End Frame Productions shall produce one master copy of the agreed deliverables for the Client to own in perpetuity. Should the client require further copies an additional charge may apply.
4.4 Times given for delivery of the service are estimates only.
5. Copyright and Licensing
5.1 End Frame Productions asserts its full rights as the copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by End Frame Productions and is protected under UK law.
5.2 Where the Client provides material to End Frame Productions for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder by the Client. By accepting these terms and conditions, the Client hereby indemnifies End Frame Productions against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material
5.3 We retain all rights to the usage of footage captured during the production of any Client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of the agreed deliverables to the Client.
5.4 We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
5.5 Provided that all monies due from the Client have been received as cleared funds in the bank account of End Frame Productions, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the master copy in its delivered form.
5.6 End Frame Productions assigns to the Client a licence to use the signed off master copy in its complete delivered form only. 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 with End Frame Productions.
6. Force Majeure
6.1 End Frame Productions shall not be under any liability to the Customer as a result of End Frame Productions being unable to perform any of its obligations or comply with any of the Client’s instructions due to circumstances beyond its control, including but not limited to industrial action taken by any person or persons.
6.2 In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
6.3 In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
7. Health and Safety
7.1 End Frame Productions warrant that we will use all due skill and care in providing the Client with the agreed service.
7.2 End Frame Productions and the Client will observe current Health & Safety regulations and have due consideration for the safety and welfare of staff and the general public.
7.3 When filming on location, such as the Client’s office, or at any venue arranged by the Client, adequate cover should be in place as checked by the Client themselves.
7.4 End Frame Productions is protected by its own public liability insurance.
8.1 End Frame Productions payment terms are strictly 30 days from date of invoice. In the event of an order being confirmed the Client accepts these terms.
8.2 We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.
8.3 We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
8.4 The Client shall be responsible for all collection or legal fees necessitated by late or
default in payment. End Frame Productions reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this Agreement are conditional 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 administration of changes.
8.5 Clients must pay 50% of the agreed fee upfront (non-refundable) before work commences. The remaining 50% must be paid on delivery of the project in accordance with our payment terms. All payments must be paid in Pounds Sterling.
8.6 Any queries on the invoice must be raised within 7 days of the date of the invoice.
9.1 In its absolute discretion, End Frame Productions may at any time permit cancellation by the Client of a booking or order and reserves the right to cancel any booking or order in the event of any breach of these terms and conditions by the Client.
9.2 The Client may cancel the agreed contract at any time by giving written notice to End Frame Productions. Should cancellation be received by End Frame Productions less than 48 hours prior to the start of the job, the client shall pay for any additional expenses already incurred, including any third parties who have been booked should that be more than the amount of the upfront fee.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and End Frame Productions under UK law. 17.2. No variation of these terms and conditions shall be effective unless made in writing and signed by a duly authorised director of End Frame Productions and the Customer.