VIEWFINDR FILMS – TERMS & CONDITIONS
Viewfindr Films is pleased to set out their Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Viewfindr Films services.
1. Viewfindr’s Role:
1.1. The Services: Viewfindr Films will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Viewfindr will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary.
Authors Corrections. Unless specified in the Quote/Proposal, we include 2 rounds of changes on all items following the presentation of an initial concept. Revisions briefed thereafter will be charged according to 10% of the invoice value for a maximum of 5 working hours.
1.2. Information: To maximise Viewfindr Films’s effectiveness we must work with you as a team. Often Team Viewfindr’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Viewfindr Films will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Incidentals: Couriers or printed proofs from external printers if required, to be charged to client.
1.4. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.
1.5. Force Majeure: Viewfindr Films shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Viewfindr Films’s reasonable control.
2. Payment Terms:
2.1. Payment Terms: Invoices shall be settled by bank transfer into Viewfindr Films’s nominated bank account. 50% before the inception of the project & 50% before the delivery. Viewfindr Films will retain ownership of all work until full payment has been made.
2.2. Other Specialist Services: Viewfindr Films estimate is exclusive of third-party costs such as media publishing of any sort, digital marketing etc unless otherwise included in the estimate. Viewfindr Films may, get you connected with such specialist services on areas outside our expertise. The costs of such services will be passed on to and will be quoted accordingly.
3.1. In most cases, Viewfindr Films will provide a scoping document which details the functionality in the work we do for our clients, this includes but is not limited to a video, design created or an advertisement. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4.1. Content and Images: It is your responsibility to provide us with the required information about your business and marketing objectives. Viewfindr Films takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made.
4.2. Information for charts, graphs, and infographics to be supplied in Excel. If we are required to retype large amounts of content, then additional costs may be incurred.
4.3. Client supplied images should always be high-res images at 300DPI for print purposes. If they are solely for use on the web, then lower resolution images are acceptable. Viewfindr Films will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.
4.5. You grant Viewfindr Films permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Viewfindr Films from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5.1. Confidentiality: Save as required by law, Viewfindr Films will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Viewfindr may, however, disclose your documents and affairs to:
(i) such of your other service providers as you inform Viewfindr are involved in any assignment on which Viewfindr Films is instructed;
(ii) Viewfindr Films’s affiliates or related parties; and
(iii) any other service provider to whom Viewfindr Films may properly delegate aspects of any assignment in order to provide a full range of services to you.
6. Intellectual Property:
6.1. Freedom to use Ideas and IP: Viewfindr Films may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Viewfindr, shall, upon you paying Viewfindr Films in full for the relevant materials, be your property, except to the extent that any intellectual property rights (eg:working project file / open file) therein have been reserved by Viewfindr Films or third parties engaged or employed by Viewfindr Films.
6.3. Portfolio Rights. Viewfindr Films retain the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work.
6.4. Working Files and Copyright. Viewfindr Films own the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied working files, then this needs to be requested and we will supply a quote for this release.
7. Post Production and review of Video Edits
7.1 Video Specifications: The Video shall be produced in accordance with Viewfindr Films’s promotional material, written communication and discussions between Viewfindr Films and the Client or with the specifications mentioned on our website.
7.2 Client Approval Rights: All major content decisions in connection with the Video shall be made by Client by completion of and in accordance with Checklists and information supplied prior to production and also hands on assistance during production. Failure to supply such and comply shall render rights of review and final product approval void.
7.3 Inclusion of Features: Viewfindr Films will endeavour to, but cannot guarantee, that all the features marked in any production checklists will be included in the final standard length video production, and will advise whether additional footage will be required in order to cover all features in a standard or otherwise ordered length of video production.
7.4 Review of Script: Each Script will be supplied to client for one review and / or amendment and approval with final sign off prior to recording. All requests for amends must be made in writing or e-mail. Additional reviews are liable to incur charges at the discretion of Viewfindr Films. Failure to confirm approval of script within the agreed period will result in recording and production to final edit regardless and rights any further review of such shall be void.
7.5 Review of Video: A final copy of the video will be posted for online viewing (length permitting) or alternatively a hard copy CD/pen drive (for which shipment is payable) will be supplied to Client for two reviews and opportunity of amendment of the final product. All requests for amends must be made in writing or e-mail. Additional reviews are liable to incur additional cost at 10% of invoice value for 5 working hours. Failure to approve or make amendment requests on final product within the agreed time as set out in the quote or contract will be understood as confirmation of approval of final video and will result in a final edit regardless.
7.6 Failure to comply within review clauses above will void any other rights of first review, amendment or use of final product by client.
7.7 Storage of Video / Footage / Hard Drive Space
Viewfindr Films is entitled to delete all the data once the final edit is delivered. Should the client wish to store the video/footage, the client needs to give Viewfindr Films a prior intimation and Viewfindr Films reserves the right to charge for storage of video / footage and hard drive space or cancel the project without refund of any monies, in the event that the post production project is delayed by the client beyond 30 days.
7.8 Re-edits of the video due to changes after the video has been approved and delivered will incur additional charges as quoted separately by Viewfindr Films.
8.1. All services may be used for lawful purposes only. You agree to indemnify and hold Viewfindr Films harmless from any claims resulting from your use of our service that damages you or any other party.
9.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.
10.1. The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.