General Terms and Conditions
Definitions & General Terms
In these Terms and Conditions the words “Branded Marketing Ltd” “Branded” “Branded Studios” “We” “Us” “Our” and “Ours” refer to Branded Marketing Ltd. The words “Client” “Clients” “Customer” “Customers” “You” “They” “Their” “Its” refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. The words “Project” “Product” “Products” “Production” “Deliverables” “Work” “Works” “Content” “Material” “Materials” refer to the work commissioned by the Client and undertaken by Us and delivered in any and all forms.
These Terms and Conditions apply to all video and associated audio Products created by Branded Marketing Ltd, including all moving and still images and sound recordings in any form and for all purposes.
Insurance
Branded Marketing Ltd carries a valid and up to date public liability insurance and comprehensive media insurance, which is available to view at Our offices upon written request. Extended or upgraded specific Project insurance cover can be provided if required however this must be discussed and agreed by Us at the pre-production stage.
Pre-Production and Production
A full Production schedule produced in any and all forms must be agreed by the Client before Production can start.
All Works undertaken will be as per Branded Marketing Ltd agreed quotation and schedule. Any amendments or additional Work will be charged at our standard daily rates.
Unless otherwise stated and agreed by Branded Marketing Ltd at the pre-production stage, it is the Client’s responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will be included in the final Production. Whenever the Client provide material/s to be included in a Branded Marketing Ltd’s Production, it is the Client’s responsibility to obtain all necessary permissions from the original copyright owner/s.
Branded Marketing Ltd will accept NO liability for any delays or failure to deliver the agreed Product if caused by the Client’s failure to perform Their responsibilities.
The Client hereby indemnifies Branded Marketing Ltd in perpetuity against any possible claims, disputes, expenses or costs arising from the use of such material.
Whenever a location or a venue is being provided by the Client, it is the Client’s responsibility to ensure that Our crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays as a result of inadequate access or facilities may incur additional charges.
Branded Marketing Ltd have a strict Health and Safety policy 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. Any delays arising as a result will be the Client’s responsibility and any additional costs will be incurred by the Client.
Production Timeline
Branded Marketing Ltd indication of timeline for any Project is to be considered by the Client to be an estimation. We will do everything possible to meet specific deadlines, providing there is clear communication, No delays in payment and regular feedback from the Client. In all cases Our liability will be limited to the agreed total cost of the Project, less any costs incurred by Us for any Work already done on the Project provided such Work is within the agreed Production brief. Branded Marketing Ltd will not be responsible for any loss, damage or costs the Client incurs arising from the late, erroneous or non-delivery of the Product.
Adverse Weather Conditions
In the event of adverse weather which in Our opinion would pose a risk to the health & safety of Our personnel or equipment or has the potential to prevent successful video, photographic or audio capture, We reserve the right to stop or cancel Production and change the date or time of filming to a more suitable date or time.
Client’s Delays
Whenever Production is 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 schedules, We reserve the right to re-schedule the affected days and to charge for any additional costs which arise as a result. No refund or credit will be given in respect of costs associated with the delayed or aborted original Production day(s).
Changes in Schedule
In the event of the Client wishing to change or cancel the Production date we require a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates and a new Project schedule will have to be arranged, agreed and funded by the Client.
Technical Failures and Substitutions of Equipment and Personnel
In the event that Branded Marketing Ltd experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel in order not to delay filming or negatively impact upon the Project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted by Us.
Drafts and Reviews (Post-Production)
Under normal circumstances one “first draft” edit will be made available to the Client for review and comment. One set of revisions will be incorporated within the agreed Project quotation provided that any revisions or amendments fall within the original agreed quotation/schedule. Our video editing and production studios are available for client viewing and review, and all Clients are encouraged to attend personally during some editing sessions so that all revisions can be signed off without delay. Subsequent revisions or significant re-edits will be charged at Our standard daily rate for editing.
Copyright
Branded Marketing Ltd asserts its full rights as copyright owner of all Materials that have been captured, processed and/or produced by Us, whether or not such Material forms part of a finished Project. The copyright of all captured and produced Materials is solely owned by Branded Marketing Ltd and is protected under UK law.
Usage License
Where the Client provides material to Us 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 accepting these Terms and Conditions, the Client hereby indemnifies Branded Marketing Ltd against any and all possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing Terms and Conditions attributed to that material.
We retain all rights to the usage of footage captured during the Production of any Client-commissioned Project.
As part of Our service and provided that all monies due to Us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of any of these Terms and Conditions We will grant a Perpetual non-exclusive licence to use the Product in its complete delivered form only, provided that the Product 1) shall not be used to endorse or be seen to endorse any product (save for the Product itself) and/or 2) shall not be used in any way which is defamatory, obscene, discriminatory or otherwise likely to bring Branded Marketing Ltd and all the people and locations shown within the Product into disrepute.
Permission is not granted for any material to be altered, edited, used as part of another production or sold to any third party unless this is expressly agreed in writing by Us. In any event additional grants and permissions will incur additional fees.
Branded Marketing Ltd retains all copyright over any Content We produce. A perpetual non-exclusive usage licence grants the Client permission to use the Content in the state in which We deliver it to the Client. Permission is not granted to re-edit, copy, sell or alter the Content in any way.
We reserve the rights to use any footage and related files from any Client-commissioned Project in Our showreels and for other promotional purposes.
Payment Terms
Our payment terms are strictly half upfront and before pre-production as a non-refundable deposit and half on delivery of the finished Product, however We retain the right to amend Our Payment Terms to match Our Client’s credit history and previous working relationship.
From date of accepted quotation and/or in the event of an order being confirmed the Client accepts these terms.
In the event of late payment or failure to make payment, We reserve the right to charge interest and late payment fees on all overdue invoices as set out under UK law. We will also pursue compensation for debt recovery fees and legal fees that should arise from bringing claims against a Client failing to pay in accordance to the agreed terms.
In the event of late payment or failure to make payment within the agreed payment schedule We reserve the right to withhold delivery and any granting or continuation of usage licence of any Project. All grants of any license to use our copyrighted 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 any and all administration and legal fees.
Branded Marketing Ltd’s other services and products
Any and all Branded’s other products and services in all forms and in all mediums shall be the property of Branded Marketing Ltd and shall be governed by these Terms & Conditions.
Confidentiality
All information disclosed by Branded Marketing Ltd and shared with the Client which includes any and all information provided by Branded Marketing Ltd’s individuals, independent contractors and/or employees, written, electronic or oral, that relates or refers directly or indirectly, to the Project including but not limited to the script itself, production schedules and all video, photographic and audio materials captured shall hereafter and in perpetuity be deemed confidential and shall constitute Confidential Information not to be disclosed with any third party unless agreed by Us.
Changes and amendments to these Terms and Conditions
We will always try to meet all Clients’ needs and requirements. Any changes and/or amendments to any of our terms of business must be agreed in writing at the quotation stage between the Client and Us. This may be subject to additional fees.
All terms and conditions hereby stated shall be deemed acceptable to the Client upon receipt of confirmation of an order given by any and all means. This document shall form the agreement between the Client and Branded Marketing Ltd under UK law.
Branded Marketing Ltd
Registered address: 19 Saxon Square, Christchurch, Dorset, BH23 1QA
Tel: 01202 476875
