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 document 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 (Southpoint Films Ltd) conduct business, what you (the customer) should expect from us, and what we expect from you. 

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. 

If you have any questions, comments or concerns about these terms, please get in touch with us: [email protected]

By default, these terms apply to all projects we work on. Sometimes we may be asked to sign a separate supplier or project agreement with our customers. In such cases, those terms shall supersede these terms where applicable. Where not applicable and in all other cases, including if no other formal agreement exists, these terms shall apply.

These terms may be updated from time to time, and all changes shall apply with immediate effect, unless stated or agreed otherwise.

COSTS, ESTIMATES AND SCOPE OF WORK

Our rate card details the costs of our services. A copy of our current rate card can be requested at any time by emailing [email protected]

Once we’ve provided you with a copy of our rate card, you will be charged for any work we carry out at your instruction accordingly. Unless explicitly agreed otherwise, all work undertaken is billable.

Usually, when costing a project, we will request a scope of work. The scope of work outlines what’s required from us during a project.

Upon receiving the scope of work, we shall prepare a written cost estimate based on our rate card. All estimates are prepared with the intention of satisfying the requirements of the scope of work. 

There is a mutual responsibility to ensure that estimates are accurate and are suitable for the scope of work required. You are responsible for providing an accurate scope of work before we prepare our estimate, and you must notify us if our estimate is missing items that you know are required in order to complete the work to your satisfaction.

Once an estimate has been issued and approved, our work shall not exceed the scope of the estimate without your further approval. In the event that the scope has been underestimated or the scope of work increases, you will be informed and the additional costs will be estimated and agreed before the work continues. Scope decreases are covered by our cancellation policy.

It is important to state that our estimates are not quotes. They’re exactly what they say they are – they are estimates. By nature of the video production process, there are many variables during a typical project which may result in scope changes, such as environmental factors like the weather changing, or noisy roadworks taking place outside of a room where sound needs to be recorded.  

If the scope of work does change for any reason, we may need to re-estimate the work. In which case, we will need to agree any revised costs with you before continuing our work further.

Cost estimates are valid for 30 days from the date of issue. After this, the work may need to be re-estimated.

TIME DEFINITIONS AND ALLOWANCES

The majority of our services are priced with a day rate.

Unless otherwise stated, for services which are not provided by a person, a day is defined as one calendar day starting at 00:00AM and ending at 11:59PM.

For services which are provided by a person, a day is defined as one 8 hour period within one calendar day. This is the “start to finish” work period and includes set up and pack down time, as well as lunch and any other statutory breaks.

If a day runs over, additional hours will be billed at an appropriate division of the daily rate. E.g. 4 additional hours will result in a charge of 1.5x the day rate for the service provided.

For work undertaken at an external location, such as filming at a client’s premises, we allow an additional 2 hours (total) for travelling as part of our day rates. This allowance is strictly for travel purposes and is not transferrable in any way, shape or form. 

If the work and travel time exceeds a combined total of 10 hours, or the travel needs to take place on different calendar day to the work itself, the full travel time will be billed at the applicable day rate (or a division of the day rate) for the service that has been carried out.

Unless otherwise agreed, there shall be no transfer or rollover if time is booked and not fully utilised. This would be a scope reduction and is covered by our cancellation policy.

For services where time is managed at our discretion, such as our pre-production and post-production services, the work may be split over multiple calendar days. In this case, the day rate provides a budget of 8 hours. The time spent providing these services will be tallied and once 8 hours have been worked, a day shall be charged.

TRAVEL

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

Mileage is charged at the maximum HMRC allowable rate from our office in Southampton to the work location(s). Mileage charges apply to any work that takes us beyond Bournemouth, Portsmouth or Winchester, or to the Isle of Wight.

We cannot be held responsible for any travel delays caused by external factors, nor do we accept a financial penalty for this. When the risk of travel delays is a concern, our advice is to book overnight accommodation for our crew near to the work location.

Overnight accommodation shall be provided or purchased and re-billed if required. By default, this must be at a chain hotel. Accommodation is needed on any occasion where the work starts early or finishes late (typically outside the hours of 8AM and 7PM), when the total combined work and travel time exceeds 12 hours, or there is a concern for the welfare of the person carrying out the work if they are unable to adequately rest.

Subsistence will be charged for when required, such as when travelling, or working outside of typical business hours (9AM – 5PM), or when staying in overnight accommodation.

ORDERS AND CANCELLATIONS

As soon as you approve our cost estimate, we will consider an order to have been placed. Approval can be in writing, via email, through issue of a purchase order, or verbally over the phone or in-person.

If your project was not formally estimated (e.g. because you are paying as you go according to our rate card), or you do not explicitly approve your estimate, we will consider an order to have been placed once you instruct us to start work which is billable. For example, you instruct us to start sourcing assets or to write a script, you send us footage or other assets to start editing with, or you book a date for filming.

Upon placing an order, we will begin working on your project. It is from this point that we shall start committing to costs of sale that will be required in order for us to complete the work. For example, booking transport and accommodation or purchasing stock assets.

If you cancel, reschedule, delay or otherwise reduce the scope of your project, we reserve the right to charge for any work undertaken but not yet billed for, even if not complete, as well as for any associated costs of sale incurred.

Depending on how much notice is given, we may also need to charge a fee up to the full estimated cost for the project. This is primarily to protect us in instances where we have invested in additional resources to provide our services to you, and a material change to the project scope would leave us unable to cover our costs or leave us commercially disadvantaged. (e.g. If we’ve hired extra staff or purchased additional equipment to make sure that we can fulfil our obligations to you under the scope of work we were originally booked for.)

In the event that we are unable to fulfil a project and need to cancel our involvement in it, we will inform you immediately. In the first instance we will attempt to reschedule the work for our next available date. If the work cannot be rescheduled, you will not be charged for those services, even if related costs of sale have been incurred.

PROJECT MANAGEMENT

Once a start date for your project has been agreed, we will make every effort to deliver the project on time and within budget. To help us achieve this, your deadlines must be clearly communicated and agreed in advance.

To ensure that we can meet your deadlines, we must be given at least 3 working days’ notice before any due dates. There shall be no penalties for missing deadlines imposed with shorter notice, or deadlines which were not mutually agreed as being achievable.

Likewise, there shall be no penalties for deadlines that are missed due to the failure of a third party. For example, if you don’t provide us with assets, information or feedback that we need in order to complete the project.

We may, at our discretion, employ subcontractors to help us fulfil our obligations.

Throughout a typical project, you will be given opportunities to provide feedback. If needed, we can provide guidance on the best way to give feedback to us.

Unless otherwise agreed, your feedback needs to be provided within 10 working days following our request for feedback. 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 don’t impose limitations on the number of revisions that can be made to a project, so long as the changes don’t require additional work that wasn’t included in our cost estimate. If your project is at risk of running over budget, we will inform you and suggest ways that we can manage the feedback and production process to minimise the need for additional costs to be incurred. Any work carried out in addition to our estimated costs will need to be be charged for.

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

PAYMENT

Unless otherwise agreed, all invoices are issued on a 14 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 or depending on the nature of the project, full payment may be required before our work can begin.

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 terms, 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 up to 10% of the total amount outstanding for each 30 day period during which the invoice remains unpaid.

DELIVERABLES & DATA RETENTION

Once your project is finished we will provide you with a copy of the project’s deliverables. Typically we will upload the files to a hosting provider of our choice, where you will be able to download them at any time for a period of 4 weeks.

If you miss your download window, we may be able to supply you with another download link. However, although we make every effort to retain an archived copy of your project, we cannot guarantee that we can retain it indefinitely. It is important that you download and back up the files we send you for safekeeping.

Alternatively, you can provide us with access to your own hosting provider and we can upload the files there.

If you would like a copy of our working files, such as the original footage recorded by our cameras, we can attempt to transfer these to you via the internet.  However, as video files can be very large, you may be required to supply us with a hard drive or similar data storage device. You will also need to pay for the delivery costs associated with returning this to you.

Your request for a copy of our working files must be made before your project is completed as we cannot guarantee that your production data will be stored indefinitely.

Please note that we make no promises that our working files will be usable for your intended purpose. Our working files are created solely to be used within our internal production workflows and any usage outside of this is not supported. If you have specific requirements, these must be communicated ahead of the work starting.

INTELLECTUAL PROPERTY & USAGE LIMITATIONS

Third party stock footage, images and music acquired by us for use in your project will be licensed for your project under our name. These licenses typically cover online usage, such as displaying the finished deliverables on your website or social media accounts. If you require a license for other uses, such as for television broadcast, you must inform us at the outset of the project. There may be ongoing costs for some of these licenses, which you will be made aware of prior to our purchase. You can request a copy of our license at any time should you need it.

If you have provided footage, images, fonts or music to us for use in your project,  it is your responsibility to obtain the correct licenses and permission for the intended use. We take no responsibility for incorrect usage of any material supplied by you or a third party on your behalf.

Similarly, we have a strict policy not to knowingly use unlicensed, copyrighted content in our productions. Should you ask us to go against this policy it is your responsibility to indemnify us for any and all consequences.

Until the project is fully paid for, all work created during the course of the project belongs totally and exclusively to Southpoint Films Ltd. It must not be published, shared or broadcast without consent or permission.

Upon payment of the project’s final invoice, Southpoint Films Ltd shall automatically, by means of these terms, transfer any applicable intellectual property and copyrights related to the final deliverables and original footage to the customer listed on the invoice.

There are no further royalties, credits or payments owed to Southpoint Films Ltd for usage of the finished deliverables or original footage. However, we may use copies of the finished deliverables, screenshots, behind the scenes photos and other materials related to your project at our discretion, in perpetuity, as part of our own marketing efforts. You can opt-out of this at any time by letting us know your preferences.

Additionally, 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 attribution to Southpoint Films Ltd. For example, our work must not be used within a video production portfolio, submitted into video production or marketing awards, or displayed publicly for the sole purpose of showcasing the work itself.

Working files that reveal our creative workflows and production methodologies are owned solely and indefinitely by Southpoint Films Ltd. These files include but are not limited to Final Cut Pro Libraries, Motion templates, vMix Presets, After Effects documents and Photoshop PSD files.

We may also use generic assets such as plug-ins and templates across different productions. These assets are not transferable either and, where applicable, shall remain the intellectual property of Southpoint Films Ltd.

Intellectual property and usage limitations can be complicated for video projects. If you have concerns about the copyright of your project, please contact us for advice: [email protected] 

DISCRETION AND CONFIDENTIALITY

We understand that many of the projects that we work on have some element of confidentiality. We treat all projects with sensitivity and will err on the side of caution whenever in doubt.

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 are happy to sign a non-disclosure agreement should it be necessary and not in conflict with our existing interests. We reserve the right to charge an administration fee for this.

CONSENT

It is your responsibility to ensure that consent has been obtained from all parties that are photographed or filmed during the production 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 production process.

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

HEALTH & SAFETY

We are committed to keeping our staff, customers, contributors and members of the public safe during our productions. We act with care, caution and professionalism at all times while carrying out our work.

When we’re working on a location that is under your control, you are required to keep our staff safe and to inform us of any risks and hazards that they should be aware of prior to any work taking place. If we are not notified about any risks and hazards, we can only assume that there are none to be aware of.

When required, our staff will wear PPE and follow site rules at all times. You are responsible for keeping our staff out of harm’s way, for making sure that they aren’t in any danger, and for making sure that they are not undertaking activities which require specialist training, permits or insurance. (E.g. using plant equipment or entering confined spaces.)

For aerial drone work, we only provide qualified pilots who have an “A2 Certificate of Competence” or higher. We are also insured specifically for aerial drone work, in addition to our general video production activities.

EQUIPMENT HIRE

When hiring equipment from us, such as our time-lapse cameras or our studio, you agree to look after our equipment and protect it from damage, loss and theft. In the event of damage, loss or theft, you agree to cover the full cost of a repair or replacement and, in the case of theft, cooperate fully with any subsequent investigations.

While our equipment is in your possession, you agree not to let unauthorised parties touch, operate, modify, enter or otherwise interfere with our equipment. You will be liable for the cost of any repairs, reconfigurations or re-installations required to restore the equipment to working order.

You also agree to use our equipment as instructed, and as per the manufacturer’s instructions. Failure to do so may result in damage, which you will be obliged to pay for, up to the full cost of a replacement.

Finally, you agree to return the equipment immediately upon reasonable request. If you fail to return the equipment we reserve the right to charge you for the additional hire time, interest if invoices are unpaid, and for the full cost of a replacement – or we will attempt to retrieve the equipment ourselves, which you hereby agree to. For example, if a time-lapse camera is installed on a site, you grant us permission to enter the site and retrieve the camera.

We must be given access to our equipment at all times. Access should be given immediately (or as immediate as can be considered reasonable) upon request.

This also applies for equipment left in your possession, such as equipment left overnight on location between filming or event days.

COMPLAINTS, WARRANTIES, LIABILITIES & INDEMNITIES

As a services company, your satisfaction is our top priority. If anything about our service is to your dissatisfaction, please let us know immediately so that we can attempt to rectify the issue. 

You can direct complaints to Rowan Johnson, Managing Director via email [email protected] or telephone +44 (0) 800 009 6982 or write to:

Rowan Johnson,

Southpoint Films,

61-65 High Street,

Totton,

Southampton,

SO40 9HL 

Unfortunately we cannot take responsibility for faults or issues that arise from hardware, software, project files, software plugins, media assets, or other digital technologies and solutions provided by you or a third party on your behalf.

We also cannot take responsibility for issues arising from matters that are beyond our control, such as internet and power outages, the weather, or acts of god.

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

Any legal matters related to these terms and the provision of our services shall be carried out in England and in accordance with English law.

Last Reviewed: 25th January 2022