Terms of Service

Whether you’re an existing customer or are still at the stage of considering Southpoint Films as your video production provider, we hope this outlines what you should expect from us and what we will expect from you. If you’re not comfortable with any of these terms but would still like to work with us, please let us know in advance so that we can come to an agreement that suits your needs.


ABOUT THESE TERMS

Our terms of service outline how we conduct business, what you should expect from us and what we expect from you (our customer).  These things are never much fun to read, but we’ve tried to keep our terms of service as clear and as “human” as possible.

These terms apply to all projects we work on. 

If you have an issue with any of the terms listed below please make us aware as soon as possible. We try to be reasonable. Otherwise, by working with Southpoint Films Ltd you agree to these terms.

These terms may be updated from time to time, and with immediate effect unless stated otherwise.

COSTS AND ESTIMATES

All projects begin with an estimated cost for the work that needs to be carried out. This will be presented as a bespoke estimate, or as a copy of our pricing guide, which is the basis of all cost estimates. You can request a copy of our current pricing guide at any time.

All estimates are based on the scope outlined by the information we have been given. Any changes to the scope of a project, at any stage, may require a new estimate to be issued and accepted.

Estimates are valid for 30 days unless otherwise stated.

ORDERS AND CANCELLATIONS

Upon written or verbal acceptance of our estimate we will consider you as having made an order with us.

Once your order is placed we will begin booking your project into our production schedule.

We consider a project to be booked once a work date has been agreed. It is at this point that we may incur costs on your behalf by booking hotels and transport if required, as well as committing to other costs of sale required to undertake the work. The project will formally start on the agreed date, unless any pre-production work has been carried out.

For pre- and post-production work, we consider a project to have started as soon as we receive any stock footage, images, or other assets, or once we have been instructed to source or create any assets ourselves (including scripts, storyboards and other pre-production documents).

If you cancel, reschedule or delay your order we reserve the right to charge for any work undertaken but not yet billed for, even if not complete, as well as for any direct costs of sale incurred. We may also choose to charge a cancellation fee up to the full estimated cost for the project, as well as any other reasonable costs that have been incurred as a result of accommodating your project, such as non-refundable subcontractor fees. In all cases we aim to be fair based on the circumstances of the cancellation.

PROJECT MANAGEMENT

Once a start date for your project has been agreed, we will make every effort to deliver the agreed work on time and within budget. We may, at our discretion, employ subcontractors to help us fulfil our commitments.

In the event that we cannot carry out the work, we will inform you immediately and reschedule for a future date. If the work cannot be rescheduled you will not be charged for our service.

You may be given opportunities to provide feedback at various milestones throughout the project. 

Your feedback needs to be provided within 7 days of our request, unless otherwise agreed. If your feedback is not received in a timely manner we will either mark the project as complete in its current form, or we will complete the project to our own interpretation.

We do not impose any limitation on the number of revisions that can be made to a project, provided that all work carried out fits within the project’s cost estimate. Any work carried out in addition to the estimate will be charged for.

Once a project has been completed and the final invoice has been issued, future amendments and changes will be billable.

PAYMENT

Unless otherwise agreed, all invoices are issued on a 7 day payment term and can be paid by debit card, credit card or bank transfer. Payment details are provided with each invoice.

Invoices are issued in stages as project milestones are reached; for example, after filming and then upon completion of the edit. These milestones will vary depending on the size and nature of the project.

A deposit may be required before any work commences. In some cases, such as for new customers, full payment may be required before a project can proceed.

Failure to make payments on time could result in delays to your project, so please ensure that we are set up correctly as a supplier for your company before you start working with us. If you can’t meet our payment deadlines please make us aware at the time of order.

We reserve the statutory right to charge late fees and interest on overdue invoices. Overdue invoices may be increased with a late fee of 10% of the total amount outstanding for each 30 day period that the invoice remains unpaid.

TIME DEFINITIONS AND ALLOWANCES

Our services are typically priced on a time basis and are provided between the hours of 9AM and 6PM, unless otherwise agreed.

An hour is defined as up to 1 hour of service within one calendar day, including set up and pack down.

A day is defined as up to 8 hours of service within one calendar day, including set up and pack down. Additional hours will be billed at the hourly rate for the service.

For services where time is managed at our discretion, such as pre- and post-production, service time may be split over multiple calendar days.

For work on location, we include a travel time allowance within our rates of up to 25% of the service time provided on that calendar day. For example, our 8 hour day rate would come with a total of up to 2 hours of travel time for getting to and from the location before and after the work is carried out.

Travel time is calculated from our office address or from provided accommodation.

Travel time that exceeds the allowance will be charged at the service rate or as pre-production, whichever is less.

We cannot be held responsible for any travel delays caused by external factors. Our advice is to book nearby accommodation when the risk of travel delays is a concern.

TRAVEL COSTS

Travel costs, including but not limited to parking, congestion and local fees, train fare, taxis, and flights, are charged at cost in addition to our service rates. 

Mileage is charged at the standard HMRC allowable rate from our office (or provided accommodation) to the work location(s).

Some productions will require overnight accommodation, which must be provided at a nearby Travelodge, Premier Inn or equivalent hotel, and will be charged for at cost. 

Subsistence will be charged for when required, such as when travelling or working outside of our typical business hours, or when hosted in overnight accommodation.

INTELLECTUAL PROPERTY

Upon payment of the project’s final invoice, any transferable ownership rights for all copies of the finished production are passed to you; the client as listed on the invoice.

Once your project is finished we will provide you with a copy of the finished production as a digital download through a hosting provider of our choice. Unless otherwise stated you will have 30 days of access in order to do this. Downloads must be completed during this period. While we make every effort to retain a copy of the finished production we cannot guarantee that we will retain it indefinitely.

If you would like a copy of any raw production data, such as the original footage, we are happy to oblige on the condition that you supply a compatible storage device with enough capacity to hold the data. You will also need to cover any delivery costs involved in returning the device to you. We may also need to charge for the time needed to archive/unarchive and transfer your project. Requests for a copy must be made before your production is completed as we cannot guarantee that your production data will be stored indefinitely.

Please note that we make no warranty that our production data will be usable for your intended purpose. All assets are generated solely to be used within our internal production workflows and any usage outside of this is not supported. If you have special requirements these must be agreed in advance.

All working files that may reveal the creative workflows and methodologies used by Southpoint Films Ltd are owned solely and indefinitely by Southpoint Films Ltd and are not transferable upon completion unless agreed in advance of the production process. We may also use project-non-specific assets (such as plug-ins) across multiple productions. These assets are not transferable either and, where applicable, shall remain the intellectual property of Southpoint Films Ltd.

We may use copies of the finished production, screenshots and other materials related to your project at our discretion as part of our own marketing efforts. This is on an opt-out basis.

Third party footage, images and music purchased by us for your project will be licensed under our name for web-use. If you require a license for additional uses you must inform us before any licenses are purchased. It is also your responsibility to pay for any ongoing costs to retain these licenses if required. You can request a copy of our license at any time should you need it.

If you have provided licensed content for us to use it is your responsibility to ensure that you have the correct license for the intended use, and that you retain and renew the licenses.

We have a strict policy not to use unlicensed copyrighted content in our productions. Should you ask us to go against this policy it is your responsibility to deal with any and all consequences.

For more information about how we collect, store and retain data, please refer to our Privacy Policy.

DISCRETION AND CONFIDENTIALITY

We understand that many of the projects that we work on have at least some element of confidentiality. We will use our best judgement when discussing your project publicly, posting content on social media, and using your project within our marketing efforts.

We treat all projects with sensitivity and will err on the side of caution whenever in doubt.

We are happy to sign a non-disclosure agreement should it be necessary and not in conflict with our existing interests. For new customers this will be charged at £100 plus VAT (non-refundable) with credit taken off your next invoice should you wish to proceed with the project. NDAs are legally binding documents and if you can’t commit to us then why should we commit to you?

CONSENT, LIABILITY, INDEMNITY AND LIMITATIONS

It is your responsibility to ensure that consent has been obtained from all parties that are photographed or filmed for the purposes of your project and that their consent covers all intended uses of the end production, including the potential for us to use your finished project as part of our marketing efforts.

Please be aware that we do not provide consent forms under any circumstances, even if we source the on-screen talent ourselves, as we do not have control over the finished output. You can find templates online if required.

When asking us to film or photograph children you acknowledge that you understand the laws surrounding the use of children in advertising, that your production complies with these laws, and that the responsibility for obtaining and maintaining permission, consent and any licenses lies solely on you. You are also responsible for all safeguarding measures that need to be put in place during the filming or photography process.

Unless explicitly agreed in each instance, under no circumstances must the work of Southpoint Films Ltd be passed off as another company or individual’s work without our consent and/or attribution to Southpoint Films Ltd. For example, our work must not be used within a portfolio, submitted into video production or marketing awards, or displayed publicly for the sole purpose of showcasing the work itself.

You agree that the content you are instructing us to produce is lawful and that you indemnify us against any consequences as a result of it not being so.

VIMSY

Vimsy® is a service of Southpoint Films Ltd and has a separate Terms of Service and Privacy Policy.

COFFEE POLICY

We reserve the right to halt all work if the supplied coffee does not meet our required standards.

Last Reviewed: 19th July 2019