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GENERAL TERMS & CONDITIONS OF SERVICE
Please save/print a copy of these terms for your records.
PLEASE NOTE: These are our standard Terms Of Service, however, please contact us if you would like to discuss amendments or alternative agreements to these terms in order to be in line with your project or organisation’s own requirements.
Lightsource Cinematic Creations Ltd hereafter referred to as Lightsource.
Client: The business, organisation or person who engages Lightsource to carry out the work of the project, production or video for them.
Project / Production / Video / Goods: The end production, event or video which is ordered and used by the client.
Contract: A written arrangement agreed between Lightsource and the client in the form of a purchase order or written brief.
Third-party: Any company, organisation or person not affiliated with or controlled by Lightsource or the client.
1). Acceptance of this quotation and/or issue of a purchase order from the client is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between Lightsource and the client.
2). All quotes are free and valid for thirty (30) days unless otherwise agreed or stated.
3). Costs will be discussed during initial meetings between the client and Lightsource. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified, agreed in writing and charged accordingly to the client.
4). Production fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc or tape duplications, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
5). If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
6). Lightsource will not commence work on any project until the booking deposit is paid in full.
7). The client’s requirements must be clearly provided in the form of a typed/written brief to Lightsource with at least 48 hours notice before commencement of any work.
8). Unless agreed otherwise in writing, Lightsource reserves the right to request 70% of the invoice as a non-refundable booking deposit which must be paid after terms of the contract are agreed and at least 7 days prior to commencement of any work. The remaining 30% shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
9). Notice of Cancellation or Termination: Prior to the commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, Lightsource reserves the right to make the following cancellation/termination charges. Cancellation by the client with less than 48 hours notice may result in up to 50% of total charge minus any deposit paid. Cancellation by the client prior to 48 hours notice may result in a charge being made to cover costs already incurred but as a base rate of 35%. Cancellation by the client when the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made. Lightsource 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 Lightsource and anyone connected with Lightsource could be damaged.
10). Any major amendments (geographical) made to the original quotation after booking deposits are made and/or job has been scheduled may be subject to an additional fee of £150.00. Should an amendment be requested that directly interferes with the team schedule for upcoming jobs, then Lightsource reserves the right to reject the suggested amendments and keep to the original project brief.
11). The client may terminate the contract at any time by written notice of termination and on the settlement of the account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Lightsource unless any other written agreement is reached in advance.
12). Any contract requiring Lightsource to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Lightsource, its servants or agents, as necessary.
12a). Unless otherwise specified, Lightsource will make a maximum of two (2) revisions to the video edit at the post-production stage. Any further revisions will incur edit costs set by Lightsource. Lightsource also reserve the right to refuse revisions outside of the initial two (2) offered.
13). A project is deemed "complete" if no revision request or query is received by Lightsource within two (2) weeks of the client receiving the digital preview link.
13a). A project will only be publicly released by Lightsource and the client once both parties (Lightsource and the client) approves all content as complete and satisfactory and confirms this in writing or email. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end-user.
14). Lightsource 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 be requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
15). Lightsource shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) 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 Lightsource, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
16). Lightsource cannot be held liable for loss or damage caused as a result of third party action or failure.
16a) COPYRIGHT & OWNERSHIP: In alignment with UK law, when a client asks or commissions another person or organisation to create a copyrighted work, the first legal owner of the copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned to Lightsource Cinematic Creations Ltd assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.
16b) PERMITTED USAGE: In consideration of, and subject to, the final payment of full fees due to Lightsource by the client, Lightsource hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes
16c) RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written permission from Lightsource. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
18). Lightsource retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of Lightsource promotional use unless otherwise agreed in writing with the client.
19). Any confidential or proprietary information which is acquired by Lightsource 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, Lightsource 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 Lightsource to supply the product(s) or service(s).
20). Unless otherwise agreed in writing, the client accepts Lightsource's decisions on creativity within the product(s) or service(s).
21). If full payment is not received within the time frame stated on the issued invoice, Lightsource reserve the right to remove all or any discounts offered on the originally agreed quotation. These discounted amounts (in £GBP) will be invoiced separately – and in addition to the original invoice – at the discretion of Lightsource.
21a). Unless otherwise agreed on, any audio-specific jobs must first have the balance cleared before any work is commenced.
21b). Unless otherwise agreed on, any illustration or design specific jobs must first have the balance clear before any work is commenced.
22). Payment may be made by bank transfer.
23). On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by Lightsource. Lightsource reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract. 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 £250 re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing QC.
24). Lightsource 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.
25). Any claims must be made in writing to Lightsource 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.
26). Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of Lightsource Cinematic Creations Ltd. Any material published that have not been fully paid for, will be copyright-claimed by Lightsource Cinematic Creations Ltd to the publishing platform.
27). Lightsource 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.
28). If a client takes all footage (or copies of all footage and material) away from Lightsource – then it is deemed that the responsibility and safeguarding of the material are then fully passed on to the client. Lightsource will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from Lightsource’s media server and hard drives at any point in the future. Unless otherwise agreed, automatic offsite backup of source footage will be for a minimum of 3 weeks after the final delivery date of your project.
29). Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of Lightsource, and copies will be given over to the client at the discretion of Lightsource. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.
30): SUPPLY OF RUSHES / ALL RAW FOOTAGE FILMED: Rushes (all filmed footage) is not supplied to the client as standard. Rushes/video files can be supplied for an additional fee of £350 ex VAT (plus the cost of a hard drive and postage). Rushes can be supplied WITH edit project files/edit timelines for a fee of £750 ex VAT (plus the cost of hard drive and postage), which includes the transfer of Lightsource’s intellectual property rights on the timeline sequences.
30a). The terms "works" or "final works" applies to the completed videos which will be delivered to the client
30b). The term "RAW footage" or "Rushes" applies to the original shots we took in the development of the final works.
31). If the 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 Lightsource) for future use. No refunds will be given.
32). A standard full day filming day is 8 hours of crew time on-set or at the location (including lunch and breaks, but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.
33). Unless otherwise specified, the default filming format and resolution for Lightsource is 2048x1080UHD PAL, however, Lightsource reserves the right to alter the resolution (downsample) to enable it to fit onto external media (ie DVD and/or USB sticks)
34) Unless otherwise arranged, DVDs and USB sticks will be delivered without company print or markings.
35) LIGHTSOURCE CREDIT: Unless you specify otherwise, it is a standard procedure (especially on discounted productions) for us to include a small Lightsource text credit at the end of all videos.
36) Once you publish your video into the PUBLIC DOMAIN, it is assumed to be acceptable by you (unless otherwise stated by you) for any talent that features 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).