Terms & Conditions

Introduction

These terms and conditions lay down in writing what you as a client can expect to receive and what A.T. Visuals Limited will provide. It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both parties in writing.

Definition

Media Provider: “A.T. Visuals Limited”.

Media: Audio files and video footage, recorded or produced by the Media Provider.

Client: The business, organisation or person who engages the Media Provider to carry out the work of the project, production or video for them.

Project / Production / Video / Goods: The end production produced by the Media Provider and ordered and used by the client.

Contract or Agreement: A written agreement between the Media Provider and the client agreeing the Media Provider’s terms of service.

Third party: Any company, organisation or person not affiliated with or controlled by the Media Provider or the client.

Terms of Service

1. Acceptance of terms: Acceptance of this agreement by the client forms the contract between the Media Provider and the client. This agreement is effective and binding from the date that the client agrees to use the Media Provider’s services by e-signing the quote online. The Media Provider will not commence work on any project until a signed quote or equivalent document has been provided by the client.

2. Quotes: The original quote has been separately by email. The quote is valid for thirty (30) days unless otherwise agreed or stated on the quote. The original quote is an estimate. If the scope of the project changes then there may be additional costs. Additional costs incurred by a change in project scope will be estimated by the Media Provider, and agreed in writing and charged accordingly to the client in a new quote. The original quote will still be payable and the terms in this agreement will remain unchanged.

3. Production expenses: Production fees shall be exclusive of disbursements and expense items related to the agreed project such as (but not exclusive to) postage, stock footage, travel, fuel, accommodation, subsistence, props, location hire and similar items which will be invoiced to the client on the relevant project, or separately as necessary.

4. Client Brief: The client’s requirements must be clearly provided in the form of a written brief to the Media Provider with at least 48 hours notice before commencement of any work.

5. Payment terms: The Media Provider's payment terms are as follows unless otherwise stated:

- 25% of the original quote/invoice total prior upon the client signing this contract
- 75% of the original quote/invoice upon delivery of all agreed deliverables

If payments are not received within the time frame and amount stated, the Media Provider reserves the right to void or change the value of the original agreed quotation. Payment may be made by bank transfer to the Media Provider. BACS information will be issued at the point of invoice.

The Media Provider does not meet the VAT threshold. All prices quoted by Media Provider are exempt from VAT and VAT will not be added.

6. Notice of Cancellation or Termination: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, the Media Provider reserves the right to make the following cancellation/termination charges:

- Cancellation by the client with less than 48 hours before production/filming notice will result in 50% of total invoice charge plus any production related costs incurred by the Media Provider.
- Cancellation by the client more than 48 hours before production/filming will result in 25% of the total charge plus any production related costs incurred by the Media Provider.
- Cancellation by the client when the production has commenced will result in 100% of the total charge being made by the client.

The Media Provider reserve the right to cancel or terminate a contract if:
a) You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b) The reputation of the Media Provider and anyone connected with the Media Provider could be damaged by working on the agreed project.

7. Timeline for delivery: Any agreement requiring the Media Provider to work to specific deadlines must be agreed in writing by the client and the Media Provider. The written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with the Media Provider, or agents, as necessary. 

8. Public release: A project will only be publicly released by the Media Provider and the client once both parties (the Media Provider and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.

9. Unsuitable content: The Media Provider reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.

10. Force Majeure: The Media Provider shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (but not limited to) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to the Media Provider, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

11. Liability: The Media Provider cannot be held liable for loss or damage caused as a result of third party action or failure. The Media Provider cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.

12a. License: Subject to the final payment of full fees due to the Media Provider by the client, the Media Provider hereby assigns the client a single non-transferable, perpetual, worldwide license to use the image(s), sound(s) and video(s) (collectively, “Media”) produced for this project for permitted commercial purposes, defined as:
– video, broadcast, advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes
- production of new work derived from the Media produced by the Media Provider

12b. Resale of Media: Resale of the Media or work derived from the Media is prohibited without the Media Provider's written consent.

13. Marketing: The Media Provider retains the right to use any content or derived work of the project or video (in part or in full) in perpetuity and in any medium for the purpose of the Media Provider promotional use, unless otherwise agreed in writing with the client. 29) Marketing once the client publishes the video/Media into the public domain, it is assumed to be acceptable by you (unless otherwise stated by you) for any talent that feature in your video (including voiceover artists, contributors, actors and presenters) to use and publicise their appearance in your video for the purpose of the talent’s own showreel and marketing use (in whole or part use).

14. Confidentiality: Any confidential or proprietary information which is acquired by the Media Provider from a client, company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, the Media Provider will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the the Media Provider to supply of the product(s) or service(s).

15a. Amendments: On delivery of the final Media, any technical issues encountered in the video that can be corrected, will be corrected free of charge by the Media Provider. Each unfinished deliverable includes two rounds of amendments, based on feedback from the Client. The Media Provider reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract at their pro-rata day rate.

15b. Re-mastering: Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a minimum re-mastering fee of £250. This is to cover the costs of locating archived files, making minor amends, re-exporting and delivering to the amended product/service to the client.

16. Acceptance of goods: Any claims must be made in writing to the Media Provider within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.

17. Copyright: Until all payments are made in full, the copyright and ownership of all Media, edits and material shot or created remains the full copyright and ownership of the Media Provider. Any material published that has not been fully paid for, will be copyright-claimed by the Media Provider to the publishing platform.

18. Watermarking: The Media Provider reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.

19. Safeguarding footage: If a client takes footage (or a copies of all footage and material) away from the Media Provider – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the Client. The Media Provider will then no longer be liable for the footage. 

20. Footage backups: Unless otherwise agreed, offsite backup of your footage will be provided until the final delivery date of your project/Media. After this point your footage will be transferred and solely stored on the Media Providers in-house archive system – which is not backed up offsite. At this point the Media Provider will no longer be held liable for the long-term safe storage and archiving of your material.

21. Electronic project files: Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of the Media Provider, and copies will be given over to client at the discretion of the Media Provider. Copies of footage can be requested by clients for a fee, but this does not mean that project files will be transferred over by default.

22. Raw footage: All unprocessed footage and audio recorded during production (hereby known as "raw footage") are not supplied to the client as standard. Raw footage can be supplied for an additional fee of 25% of the total project cost (plus the cost of a hard drive and postage). The transfer of raw footage also includes the transfer of raw footage copyright/ownership from the Media Provider to the client.

23. Production time: If production time is quoted, agreed and subsequently invoiced and paid for – then any unspent production time will be issued as a credit note (at the discretion of the Media Provider) for future use. No refunds will be given.

24. Filming hours: A standard filming day is 8 hours of crew time on-set or at location (including a 30 minute lunch and two 10 minute breaks, but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs unless otherwise stated in the quote.

25. Video format and specifications: Unless otherwise specified, the default filming format and resolution for the Media Provider is 1920x1080px, 25 frames per second and a data rate of between 10 and 50 mbps.