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.


BOOKINGS AND ORDERS

All estimates and quotes are based on our current Pricing Guide which can be requested at any time.

We consider an order to have been placed as soon as you’ve confirmed that you’re happy for us to start working with you on your project.

For projects that require filming, we consider your project to be booked once a filming date has been agreed.

For post-production, we consider a project to be started once we’ve received any stock footage, images and any other assets or have been instructed to source them ourselves.

If you cancel or reschedule your project we may choose to charge a cancellation fee up to the quoted project amount plus any costs that have been incurred as a result of accommodating your project. In all cases we aim to be fair to both parties based on the circumstances of the cancellation.

If you change the scope of your project after our initial quote we will work on the basis that you’re acting with an understanding and agreement of our rates. Work carried out in addition to the initial quote will be charged in accordance with our Pricing Guide.

TIME-BASED PRICING ALLOWANCES

We price our services on an hourly, half day and day rate basis.

A full day is defined as one calendar day of up to 8 hours of service (including set up and pack down) with up to 4 hours total travel time outside of this.

A half day is defined as up to 4 hours of service within one calendar day (including set up and pack down) with up to 2 hours total travel time outside of this.

For hourly billing, an hour is defined as up to 1 hour of service within one calendar day (including set up and pack down). Services priced hourly come with up to 1 hour total travel time outside of the agreed service time. Some services are not available on an hourly basis.

Service or travel usage over these allowances will be charged at the most affordable price tier upwards. For example, four hours of service would be charged as our half day rate rather than four instances of our hourly rate.
Service and travel time allowances are not interchangeable.

In the event that booked time is not fully utilised there shall be no compensation or roll-over for the remaining time. Our staff, equipment and other resources will be allocated in advance of the booking, therefore scope reductions must be agreed before the work commences.

For services where time is managed at our discretion, such as Post-Production, the same time allowances apply with the exception that billable time may be split over multiple calendar days and/or around other bookings. For these services a clear deadline must be set by the client and agreed to before the work begins. It is for us to manage our time to meet the agreed deadlines.

TRAVEL

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. Travel by car is charged at the full HMRC allowable rate for mileage, plus costs.

Travel time is calculated from our closest office address. The earliest time that we’ll leave this location is 7AM. For productions which require an earlier start overnight accommodation must be provided at a suitable nearby hotel. Likewise for productions with anti-social finish times.

For productions with excessive travel overnight accommodation is essential and subsistence must be provided. Additional travel time may be billed at pre-production rates.

We cannot be held responsible for any travel delays or for the consequences of any travel delays caused by external factors, and full rates will still apply. Our advice is to book overnight accommodation, which is charged at cost, when the risk of travel delays is a concern.

PAYMENT

A deposit may be required before any work commences and invoices will be issued in stages during the production process. In some cases full payment may be required up front. Failure to make payment on time could result in delays to your project.

Invoices are required to be paid within 7 days of issue. Late fees may apply. If you can’t meet this deadline due to your company’s finance procedures please make us aware at the time of order.

Invoices can be paid by debit card, credit card or bank transfer. Payment details are provided with each invoice.

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 the transferred raw production data will be usable for your intended purpose. All assets are generated solely to be used within our own production process 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 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.

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 publicly discussing your project, 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. For new customers this will be charged at £100 plus VAT (non-refundable) with credit taken off your first 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?

MISCELLANIOUS

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

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.

Last Updated: 8th November 2017