Terms of Supply

These terms cover the conditions by which freelancer or business shall supply services to Southpoint Films Ltd. We enforce these conditions to keep both our clients and our suppliers happy. Please read them carefully.

If you have any questions, please email [email protected]


PAYMENT

Before any work commences, a price for the work must be agreed. This will be the budget for the project.

If the project later requires unforeseen additional work (scope increase), any subsequent cost increases must be agreed before the additional work is carried out.

Payment will only be made once an invoice has been submitted to us. Invoices must be sent by email to both the project co-ordinator (the person who booked you) and [email protected].

Invoices should be submitted within 7 days of project completion to ensure prompt payment.

Sometimes you may be asked to submit an invoice before a specified deadline. Failure to submit an invoice on time (or in timely manner generally) may result in your invoice not being paid – in full or in part. If this is likely to happen, you will be contacted and asked to submit your invoice by a member of our team.

By default, all invoices are paid by bank transfer and you must include your bank details on all invoices. If you have the means to receive credit card, debit card or PayPal payments, we may use this method for convenience from time to time, but only after an invoice has been received.

We aim to pay all invoices within 30 days of the invoice being received, if not sooner, so long as the work has been signed off and accepted by all relevant stakeholders, which may include the end-client for the work. If there is an issue that may result in a delay to your invoice being paid, we will make you aware at the earliest opportunity.

EXPENSES & COSTS OF SALE

All out of pocket expenses and other costs of sale must be agreed prior to the work commencing and/or before the cost has been incurred. This includes travel costs, mileage, subsistence and accommodation.

All expenses properly incurred shall be reimbursed if they are supported by receipts. By default you do not need to submit these receipts with your invoice, but you must be prepared to present them if asked.

TAX & OTHER DEDUCTIONS ON INCOME

It is the responsibility of the supplier to make all declarations and payments regarding their income to HMRC and/or any other relevant authorities.

CANCELLATIONS & CHANGES

Southpoint Films Ltd may cancel the requirement to supply at any point prior to the start date of the project. Unless otherwise agreed, there shall be no fee charged by the supplier for any amount other than agreed costs of sale already incurred. (E.g. pre-booked travel or accommodation.)

If you need to cancel your engagement to supply, you must immediately notify the person who booked you – either by email or, if less than 72 hours notice, by phone. You should also copy [email protected] into any notifications sent by email.

In this situation, unless otherwise agreed, there shall be no monies paid to the supplier by Southpoint Films Ltd. You may be required to find an alternative supplier, the suitability of which must agreed by Southpoint Films Ltd.

In some instances we may need to know the details of who will be carrying out the work for security, health and safety or welfare purposes (such as for providing accommodation). If you need to change who will be carrying out the work, you must provide us with relevant details of the new worker.

As a supplier (not an employee) you are entitled to provide a substitution, but the work must not be affected negatively by such a change. For example, you must substitute an equivalently qualified and experienced worker(s). Otherwise, such a change may be considered a failure to supply.

FAILURE TO SUPPLY

We reserve the right to refuse payment and claim for relevant damages (should it be necessary) if there is a failure to supply.

Failure to supply is considered to be, although is not limited to, failures and disruptions caused by unexpected or short notice personnel absence, missed deadlines, technical fault, accident, user error, and other scenarios where the end result (or method used for achieving the end result) does not meet the project requirements.

In the event of such failure, an investigation will be carried out and the outcome shall be determined based on the evidence presented. In such cases we aim to reach a fair outcome that all parties can accept.

LIABILITIES

Southpoint Films Ltd offers no liabilities, indemnities or insurances for suppliers. Suppliers must have adequate insurance for all activities undertaken on behalf of Southpoint Films Ltd, and may be asked to provide documentation on request.

USE OF EQUIPMENT

Suppliers are responsible for ensuring safe and correct operation of all equipment used as part of a project.

All equipment must be used as the manufacturer intended and in compliance with any Terms, Conditions or End-User License Agreements (EULAs) set by the manufacturer.

Suppliers may be required to borrow equipment from Southpoint Films Ltd in order to carry out their work. If you are unsure of how to use any equipment, please make a member of our staff aware and we will either provide operational training or assign the work elsewhere.

Any equipment borrowed from Southpoint Films Ltd by the supplier must be stored safely, and the supplier must take steps to prevent unauthorised parties from accessing, operating, tampering with or taking possession of company equipment.

Borrowed equipment must be kept concealed and secured properly whenever possible. Equipment must not be left unattended at any time – including in vehicles. Equipment must not be left unattended in vehicles overnight under any circumstances.

Borrowed equipment must be transported via proper methods only, such as in purpose-made cases and bags.

Borrowed equipment must be used solely for the purposes of carrying out work for Southpoint Films Ltd, and within the scope of the project only. Unauthorised use may result in charges, such as hire fees. While on loan, the equipment must be kept in good condition and free of damage – including any software, keeping it free of viruses and malware. Suppliers must return the equipment in the same condition that they were loaned it.

For long term hires, the supplier must make allow Southpoint Films Ltd (its employees and authorised associates) to access the equipment, install new software, make repairs, modifications and upgrades, and review the contents of the equipment’s storage systems at any time.

Any faults, errors or issues that may hinder correct and proper use of Southpoint Films Ltd’s equipment must be reported immediately to a member of our staff, prior to any work taking place. In the event of any loss or damage to equipment provided by Southpoint Films Ltd, the supplier will be responsible for the repair or replacement of the items.

Borrowed equipment must be returned immediately upon request.

Southpoint Films Ltd offers no warranty or liability for the supplier’s use of their own equipment. It is the supplier’s responsibility to ensure that their own equipment is safe, functional, free of defects or issues, and meets all regulatory requirements and health and safety requirements wherever applicable.

INTELLECTUAL PROPERTY

All intellectual property (including all copyrights, patents and trademarks) created by the supplier as part of work carried out for Southpoint Films Ltd shall belong solely and exclusively to Southpoint Films Ltd.

At no point and under no circumstances shall the contractor publish, copy, reproduce, distribute, monetise or otherwise benefit from any intellectual property produced in connection with work carried out for Southpoint FIlms Ltd.

CONFIDENTIALITY

Confidential information is typically:

  • Information about unreleased products or services provided by Southpoint Films Ltd, its customers, clients and suppliers.

  • Information related to customers, clients, suppliers and employees of Southpoint Films. (Especially information which is personal in nature, such as personnel files and payroll details.)

  • Trade secrets related to the services, products and operations of the Company, its clients and customers.

  • Any information that is not available to the public.

Usually confidential information will be marked as confidential, but sometimes it may not. It will usually need to be kept secret for a specific time period. However, sometimes it may need to be kept secret indefinitely.

By default, suppliers must treat all information given to them by Southpoint Films Ltd and its associates as confidential, including any information that could identify a client or their project.

Maintaining confidentiality can be a legal requirement. There are laws related to data protection and privacy which limits how information can be shared.

In some cases, Southpoint Films Ltd may have signed a Non-Disclosure Agreement (NDA) which legally prohibits its suppliers from sharing information with others. For example, when receiving information from clients about unreleased products.

As a supplier of Southpoint Films Ltd you are required to keep all information confidential and to report any real or potential data breaches immediately. Disclosing confidential information in an incorrect or inappropriate manner is a serious matter and suppliers may be held liable and face legal consequences for doing so.

SOCIAL MEDIA & OTHER MARKETING CHANNELS

Suppliers are not permitted to share information about Southpoint Films Ltd projects and clients on their social media accounts, websites, or other marketing channels. Most of the projects we work on are confidential, at least for a limited period, and there can be very serious consequences if information is disclosed without permission.

That said, there are some limited capacities where including Southpoint Films and projects undertaken with us in your marketing is allowable:

  • Using built-in “Share” functions to re-share content posted by official Southpoint Films social media accounts to your own accounts, so long as:
    • Any added commentary is wholly, totally and very clearly positive.
    • There is no further disclosure of any information or materials related to the project(s) that were worked on.
    • Any media such as photos, videos and text are not re-hosted anywhere. If we delete the original media, it must also be removed from your account(s) too.
    • You must remove any posts immediately and totally, without question, if and when instructed.
    • There must be no attempt to pass off a project or client as your own. The work is always carried out for Southpoint Films Ltd.
  • Listing Southpoint Films as a client (generally, not for any specific project) on your website or social platforms. This includes listing Southpoint Films as a client on your LinkedIn profile. As part of this, you are welcome to use our logo, so long as it links back to our website. You can find our logo here along with some usage guidelines: https://www.southpointfilms.com/about/brand/

While this is a blanket rule, we are happy to consider exceptions. You can ask for guidance and clarity from our marketing team by emailing: [email protected]

If you take any behind the scenes photos of a project that you’ve worked on, or have produced any other similar media in association with a project you carried out for Southpoint Films Ltd, please also share these with our marketing team. If they are later shared by our official accounts, you may re-share in accordance with this policy.

CONDUCT

Suppliers are required to behave honestly, morally, ethically and lawfully while carrying out work for Southpoint Films Ltd.

Suppliers must not act in a manner that could cause harm to a person or group of people, under any circumstances. While working for Southpoint Films, every individual is responsible for the health and safety of themselves and those around them. For suppliers undertaking work which may pose a risk to individuals, including themselves or their employees, a written risk assessment must be carried out and provided.

Suppliers and their employees must be polite and professional while working for Southpoint Films Ltd. Rudeness, lewdness, swearing and other antisocial behaviour is not tolerated.

Our workplace is a safe space. We have zero tolerance for racist, sexist, homophobic and other discriminatory behaviour.

Suppliers and their employees must refrain from touching others (especially without their permission) unless it is specifically part of the service being provided.

All suppliers must keep workplaces tidy and clean. Throw rubbish in the bins provided, wash up mugs and cutlery after use, and make sure any work areas are left in a condition that others would be happy to find them in.

Suppliers are required to report problems. If something isn’t working or doesn’t look right, tell someone who can fix it. It’s better for us to find a problem early and fix the issue together than leave it until it’s too late.

All enclosed UK workplaces, company cars and vans must be smoke free. This includes personal vehicles while being used for work purposes; at least while transporting employees of, clients of, other guests of, and equipment owned by Southpoint Films Ltd. When working with us, suppliers and their employees may use designated smoking areas for smoking cigarettes and e-cigarettes during formal breaks. Visible branding on any provided clothing must be covered while doing so.

Alcohol must not be consumed by any suppliers while carrying out work for Southpoint Films Ltd, unless there is an undeniable legitimate need in order to carry out the work. (For example, a presenter taste testing wine as part of a programme about wine making. As demonstrated, the exceptions to this rule are few and far between.)

We have zero tolerance for the possession, distribution, use or abuse of illegal drugs and other controlled substances in our workplaces.

Suppliers are asked not to use mobile phones when carrying out work for Southpoint Films Ltd unless it  is required to complete the work or is for emergency purposes.

DRESS CODE

Suppliers will be required to adhere to a dress code when working on location.

Suppliers may be required to wear branded clothing which will be provided by Southpoint Films Ltd. Otherwise, clothing should be plain, black or dark, and unbranded. Please ensure that all clothes fit well, are neatly presented, and that footwear is suitable for the environment.

We will notify the contractor if Personal Protective Equipment (PPE) is required and/or supplied.

All provided clothing and reusable PPE is to be returned to Southpoint Films Ltd on completion of the work.

Shoes must be worn at all times when working for Southpoint Films Ltd, unless there is undeniable legitimate reason not to.

NON-COMPETITION

Whilst conducting work for Southpoint Films Ltd, and for a period of twelve months following the completion of any work, the contractor must not attempt to canvass or solicit the clients of Southpoint Films Ltd, or behave in a way that is deliberately competitive or destructive to the business of Southpoint Films Ltd.

COVID-19

For as long as it remains a risk that we need to consider, our suppliers will need to comply with any COVID-19 precautions put in place by Southpoint Films Ltd and our clients. Suppliers may need to be tested, vaccinated or required to implement other safety measures before, during or after working to limit the spread of COVID-19 while carrying out their work.

By default, we follow the fullest health guidances for the jurisdiction in which we are working. (Primarily the UK.) But there may be times where we may ask suppliers to take extra precautions. These precautions must be followed at all times.

OTHER MATTERS

The supplier’s involvement with Southpoint Films Ltd is strictly limited to the requirements of the project in question. There is no employment relationship inferred in this agreement or any supplier agreement, and there is no guarantee of continued work.

If you do not agree to these terms we politely ask you not to work with us. By continuing to work with Southpoint Films Ltd you unconditionally agree to these terms. These terms supersede any other agreements between Southpoint Films Ltd and the contractor.

Last reviewed: 15th November 2021