Terms and Conditions | CampaignFilm

CAMPAIGN FILM LTD – Terms & Conditions

These Terms and Conditions are the standard terms that apply to all filmmaking services provided by us, CAMPAIGN FILM LTD a company registered in England and Wales under number 7910509 whose registered address is 49-51 Cambridge Rd, Hastings TN34 1DT (“the Company”).

These Terms and Conditions apply to corporate services only – if you are a consumer (as defined in the Consumer Rights Act 2015), separate terms and conditions will apply.

Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means the contract for the provision of our Services, incorporating these Terms and Conditions, as explained in clause 2;

“Client” means you, the business purchasing our Services. Where an individual is entering into this Contract on behalf of a business, that individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Client in the context of this Contract;

“Quotation” means the written quotation provided by us to you, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works; and

“Services” means the filmmaking and social media management services provided by us.

Unless the context otherwise requires, each reference in these Terms and Conditions to:
1. “writing” and ”written” includes emails and similar communications;
2. “we”, “us” and “our” is a reference to the Company;
3. “you” and “your” is a reference to the Client;
4. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
5. “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
6. a clause refers to a clause of these Terms and Conditions;
7. a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
Words imparting the singular number shall include the plural and vice versa. References to persons shall include corporations.

The Contract
1. To make an enquiry, you may contact us by phone, in person, or by email. We may arrange a meeting, video conference call or telephone consultation to discuss your requirements and will then provide you with a Quotation, which will outline the brief we discussed for the video(s) and our price.
2. A legally binding Contract between you and us (which will include these Terms and Conditions) will be created when you confirm in writing that you accept our Quotation.
3. Our Quotation will constitute our entire scope of works. If you wish to make any changes to the Quotation after it has been accepted, we will use all reasonable endeavours to accommodate such requested changes but cannot guarantee that we will be able to do so. If the brief and/or the Quotation is changed, we will inform you of any change to the price in writing.
4. The Contract will be either:
  1. on a one-off fixed fee project basis for the duration of the Services; or
  2. on a retained basis. The Contract Term will be outlined in our Quotation.

Fixed Fee Project
1. Unless otherwise agreed in writing, our payment terms for our fixed price packages are as follows:
  1. 50% deposit due at the time of Acceptance;
  2. 50% due upon completion;

Retained Services:
1. Unless otherwise agreed in the Quotation, the Contract for any retained Services will be for an initial term of 6 months and thereafter, it will be automatically renewed for 12 months, with the exception of the price, on the same terms and conditions as set out in this Contract on a rolling monthly basis unless a written notice to terminate is given by either party with at least 30 days’ notice before the end of the then current term.

Video Shoots
1. Please provide us with as much information as possible about the video shoot when making your initial enquiry with us, including any specific events, people or compositions you wish for us to capture.
2. Any such specifics we may discuss are a guide only and are dependent on the circumstances, such as timing, weather, venue issues, willingness of participants, and delays. Should your shoot require particular conditions, we can arrange to reschedule the shoot, however, we reserve the right to charge for the wasted day.
3. Please also bear in mind that impractical layout and low lighting could significantly affect the quality of the video.
4. It is your responsibility to advise the venue in advance that filming is to take place and to post disclaimers at the venue highlighting that it is being used for filming.
5. We can, at your request, visit your chosen filming location in advance to check its suitability. We reserve the right to charge for this, together with mileage and expenses.
6. It is your responsibility to arrange hire and access to the venue at the times and date(s) agreed.
7. It is your responsibility to advise us prior to the shoot date if any children will be participating in the video shoot. In this event, we will require each parent or legal guardian to sign a model release form giving consent to such filming. You are responsible for ensuring any children are accompanied and fully supervised at all times during the video shoot. Additionally any persons over 18 featured in the video shall also be required to sign a release form.
8. We may need access to participants due to be featured in the video before shooting takes place, to ensure they are prepared. It is your responsibility to ensure such participants are fully briefed and have been given any script they may have to perform. We will use all reasonable endeavours to ensure a successful outcome; however we cannot guarantee the willingness or quality of performance of any featured participants.
9. You agree that we will be the sole professional filmmaker for the video shoot.
10. We will use our own exclusive judgement when selecting equipment and deciding upon artistic factors such as composition, lighting and style.
11. We will provide our Services with reasonable skill and care, consistent with best practices and standards in the industry.
12. Where we have specified the filming time in days, this is calculated on an 8-hour day and unless otherwise agreed, we will charge an hourly rate after this for additional time where necessary. The amount of time required for filming will be determined by us at our sole discretion.
13. Within our Quotation, we will specify the number of visits included in the price. If any additional meetings or visits are required, these will be chargeable as extra. We also reserve the right to charge for mileage and expenses in accordance with clause 7.6.
14. Should you fail to comply with any of your obligations in this clause 5, we reserve the right to reschedule the shoot and charge for any wasted time or aborted visits.

Graphics and Scripts
1. You are responsible for providing all information to us in order to create your video in accordance with the Quotation. If you do not provide us with the information we require in a timely manner, we cannot be held liable for any delays incurred.
2. You are required to send us all logos and graphics to be included in the video in JPG, PNG, or EPS format with a minimum size of 500x500 pixels. Artwork must be supplied in good time, before any editing commences. This material must be sent in the correct format, must be free from any intellectual property or copyright obligations and you warrant that we have permission to use them for the provision of the Services. If you have brand guidelines relating to the use of such graphics, please send these to us at the same time.
3. It is your responsibility to provide us with the correct names, titles, logos and other wording in the correct hierarchy for titling and subtitling. Should any details provided by you be found to have a spelling mistake or other error, we reserve the right to charge for any necessary amendments.
4. If agreed after our initial meeting, we will produce a draft script based on information you have given to us. It is your responsibility to check the facts, figures and any other business specifics when reviewing the script. The script must be approved by you before filming begins, and any changes required must be notified to us at least 1 week before the video shoot start date.

The Video
1. Once the video shoot has taken place, we will show you a rough draft as soon as reasonably possible. Please note that any timescales we may discuss are subject to change and are not of the essence of the Contract.
2. It is your responsibility to provide us with the information we require in a timely manner (including, but not limited to, details relating to the brief, editing requirements, the provision of logos and design work of sufficient quality).

For Fixed Fee Package the following shall apply:

Once we have issued our rough draft in accordance with clause 7.1, we will accommodate editing changes (up to 2 versions) as per our Quotation within 1 month from the date of issue, of no more than 10% of the total video, without charge. This could include, for example, sound editing or music changes.. Any other changes required beyond version 3 will be chargeable. We also reserve the right to charge additional costs if the original brief changes significantly at any time.
Once the agreed editing has taken place, we will upload a final review copy for you to approve.
Once the review copy has been approved and the final invoice has been paid in accordance with clause 7.4 below, we will then send your final video via a cloud-based file transfer service.
After we have provided the final deliverables to you, any changes required to it will be chargeable. The video will be deemed to be the final version(s) if we do not hear from you with changes in accordance with clause 7.3 within 1 month from the date we send the rough cut.
Once the final deliverables have been sent to you, any additional copies required will be provided only at our discretion and maybe chargeable.

For Retained Services the following shall apply:

Feedback on any drafts should be supplied within 7 days.

Social Media Management
1. Where agreed, in order to provide social media management services, we will need access, approvals and logins to your social media sites, as necessary. Please provide this to us on acceptance of our Quotation to avoid delays. Should you change your passwords we shall need notifying in order to ensure the scheduler remains linked.
2. All content we use on social media sites is done so in good faith, as well as information from your website and other marketing materials. We are deemed to have your consent to use our experience and not to run any posts by you in advance, unless specifically agreed otherwise. It is therefore your responsibility to ensure your website is kept up to date and we accept no liability for any incorrect information used by us where this clause is not complied with.

Price and Payment
1. The price for our Services will be as outlined in our Quotation.
2. Payment for Retained Services will be taken via Stripe at the beginning of the month, and invoices will be issued 14 days before payment is taken.
3. For fixed fee projects, you will be required to pay a deposit of 50% of the total price, upon acceptance of our Quotation. No works will commence until the deposit is paid in full. Deposits are non-transferable and non-refundable.
4. The final balance of 50% will be due at the time the final video is sent to you in accordance with clause 5.4, or no later than 4 weeks after we have sent a link to the final review copy, whichever is the sooner. However, we reserve the right to charge further interim stage payments as the works progress, if they are delayed through no fault of our own.
5. All prices we provide are exclusive of VAT. If the rate of VAT changes between the date of your acceptance of our Quotation and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where you have already made payment in full.
6. We may charge for our reasonable expenses in addition to the price, such as for mileage to the venue or for any meetings required, together with any parking costs incurred. We may also charge for accommodation and subsistence where necessary and only if this is agreed in advance.
7. If you do not make payment to us by the due date, we reserve the right to charge you interest on the overdue sum at the rate of 8% per annum above the Bank of England base rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment, whether before or after judgement. You must pay any interest due when paying an overdue sum.
8. We reserve the right to charge a waiting fee and any costs incurred by us for wasted visits, delays or additional time spent on the Services, caused by any reason beyond our control.

Copyright and Licence
1. The copyright in all videos recorded by us is, and shall remain, our property until full payment has been received.
2. Where music and/or other stock media is to be included in the video, we can arrange to purchase the licence to use this and will include it in our price, provided you have requested for us to do so at the consultation stage. Otherwise, this will be an additional cost. In the event we purchase this for you, it will be both your and our responsibility to comply with the licence terms relating to its usage. Copies of the applicable licence terms can be sent to you upon request. You can provide us with your own music and/or stock media but this must be provided before the editing stage and we will need to see evidence of your right to use it.

Intellectual Property
1. The copyright in any Services provided by us is and will become your property. Subject to a written agreement to the contrary, the Contract will give you ownership rights in the Services provided by us provided all payments due under the Contract have been received by us in full.
2. The ownership will apply only to final versions provided by us and will not apply to any draft versions.
3. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.
4. We reserve the right to use any materials, copy, or any other Services provided by us, together with your company name, for our own advertising or promotional purposes.
5. You warrant that any logo, design, image, document or instruction supplied or given by you will not cause us to infringe any intellectual property rights of any third party (including, but not limited to, any letter patent, registered design or trade mark) in the execution of our Services. You will indemnify us against all loss, damages, costs and expenses awarded against us or incurred by us in settlement of any claim for infringement of any patent, copyright, design, licence, trademark or any intellectual property rights which results from our use of your information.

Our Liability
1. We have in place suitable Public Liability insurance. Details are available on request.
2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of any of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
3. Under no circumstances will we be liable to you for any consequential or indirect loss, loss of profit, loss of business, interruption to business or for any loss of business opportunity.
4. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of any of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
5. We will provide our professional advice and recommendations in relation to our services but we cannot accept responsibility for any actions taken as a result of such advice or recommendations, nor can we guarantee the success of our services as a marketing tool. Further, we shall not be liable for any consequences should our professional advice not be taken.

Events Outside of our Control (Force Majeure)
1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, natural disaster, or any other event beyond our reasonable control.

Rescheduling and Cancellation
1. If you wish to reschedule a video shoot for any reason, we require a minimum of 2 weeks’ notice prior to the agreed video shoot date. In this event, we will retain all sums paid, including any deposit, and such sums shall count towards the rescheduled video shoot. We will use every effort to accommodate your preferred rescheduled date but we cannot guarantee this will be possible and the scheduled video shoot may be lost.
2. If you wish to cancel the Fixed Fee Project at any time after you have accepted the Quotation, we will retain any deposit paid.
3. If you wish to cancel the Contract at any time after or during the video shoot, we will retain any deposit paid and will invoice for any works carried out by us up to the date of cancellation. The invoice will be immediately due and payable.
4. Either you or we may cancel the Contract immediately by giving the other party written notice if:
  1. either party breaches the Contract in any material way and if the breach is capable of remedy, fails to remedy it within 14 days of being notified of the breach; or
  2. a receiver is appointed of any of either party’s property or assets, either party becomes subject to an administration order (within the meaning of the Insolvency Act 1986) or goes into liquidation (except for the purposes of amalgamation or re-construction), or either party ceases, or threatens to cease, to carry on business.

How We Use Your Personal Information (Data Protection)
1. All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016/679 and any subsequent amendments to them.
2. We will not pass on your personal information to any third parties without first obtaining your express permission.

Other Important Terms
1. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
2. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will still be valid and enforceable.
4. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
5. Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

Law and Jurisdiction
1. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) shall be governed by, and construed in accordance with, the laws of England and Wales.
2. Any dispute between the parties relating to these Terms and Conditions shall fall within the exclusive jurisdiction of the courts of England and Wales.