A contract is formed between you (the ‘Customer’) and Hiten Media Ltd (the ‘Company’) upon acceptance of the Quote or Order. An Order may be in written, verbal or electronic form. The Service shall mean any Product or Service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
The Services to be provided by the Company under this Agreement shall include, but not be limited to, production, filming, and editing of the video production requested by the Client.
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these Terms and Conditions.
Delivery of Services, the project and its process will be agreed on a project-by-project basis but as an outline:
- A Brief will be created at the outset of the project, and form the basis of the work to be carried out.
- Acceptance of the Product will be made at agreed stages, and changes to the Service shall only be permitted to the extent that changes are consistent with the Brief.
- 2 rounds of changes are offered for each video. Any change requests beyond this may be charged at £65 per hour, unless a different rate is agreed between the parties.
- A master copy of the video(s) will be digitally delivered in Mp4 format.
- The footage and project will be stored in archive for 3 months following the completion of the Project. Access to footage after this period cannot be guaranteed.
Dates for the production or shoot will be agreed in advance and confirmed with the Customer. Where these dates are cancelled, whether due to a request by you or amendment by you that results in cancellation, the following charges will apply in addition to any work already undertaken or assets amounts already spent on the production. The total will not exceed the total quoted or agreed amount.
- Within 7 days from the start of the production – 25% of shoot/production fees
- Within 48 hours from the start of the production – 50% of the shoot/production fees
- Within 24 hours from the start of the production – 100% of shoot/production fees
On location ‘Crew’ are limited to standard 10 hour call time in ‘one day’ including breaks unless otherwise agreed. Overtime may be charged at 1.5x for the following 4 hours, and 2x for any additional hours beyond this.
We expect crew to receive adequate breaks, in line with UK legislation.
The Company and Customer will act in accordance with all relevant Health and Safety requirements in order to provide the Service.
The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the Service. The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Customer agrees to indemnify the company in the event of any claims being brought against the Company in respect of any material supplied by the Customer.
Upon payment, the Customer will be given exclusive ownership to the copyright in the product, the agreed master video(s). Unless otherwise agreed, the Company retains copyright in all other original material, including video rushes, graphics, soundtracks, printed material and any other design or artwork commissioned in relation to the service.
The Company shall have the right to use material captured during the course of providing the Services for the promotion of its business. The use of such material shall not include the use of any confidential or proprietary information belonging to the Customer. The Customer shall not have the right to unreasonably withhold consent for the use of such material for promotional purposes.
Any music used is licensed for non-commercial uses only unless otherwise agreed.
Payment is due 30 days after the receipt of the invoice for work by BACs payment. Late payment terms will be stipulated on the invoice and in line with UK legislation.
Extra costs related to items not outlined in original estimates, such as extra deliverables or specialist equipment, will be communicated to the Client for approval before proceeding.
Any reasonable expenses incurred when undertaking the service will be added to the invoice, including but not limited to travel and sustenance.
No talent related costs are included in the quote, unless otherwise stated.
Until full payment is received the company retains the right to withhold all rights within the material captured and produced, this includes any scripts or video concepts as well as any other materials and assets produced.
The Company shall not be liable for any loss or damage arising from the supply of the Service unless such loss or damage is caused by the Company’s gross negligence or wilful misconduct. The Company’s liability in any event shall be limited to the total amount of fees paid by the Customer under this Agreement. The Company shall not be liable for any indirect, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or use, incurred by the Customer or any third party.
Any disputes or disagreements arising under or in connection with this Agreement shall be first attempted to be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations, the parties may seek resolution through mediation or arbitration, as mutually agreed upon. In the event that the parties are unable to resolve the dispute through negotiation, mediation, or arbitration, the parties may seek resolution through the courts of the United Kingdom.
An Agreement may be modified or amended only in writing and signed by both parties.
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom. Any disputes arising under or in connection with this Agreement shall be resolved in accordance with the laws of the United Kingdom.