Terms & Conditions
TERMS & CONDITIONS
The terms “321media”, “the company” “we”, “us”, and “ours” shall mean 321media.
The term “client” or “customer” shall mean the party who commissioned and/or funded the work and any person/organisation acting on their behalf.
The terms “product(s)” or “service(s)” shall mean any product or service that is provided by 321media to the client.
2. SUPPLY OF PRODUCTS OR SERVICES
321media agrees to supply the product(s) or service(s) to the client as detailed in the proposal and according to these terms and conditions.
3. RIGHTS RESERVED
Should 321media choose not to enforce any or all of these conditions, it should not be interpreted as a waiver of any of the company’s rights. Upon accepting the proposal, the client accepts these Terms and Conditions.
4. QUOTES
All prices quoted by 321media are subject to VAT (Value Added Tax) and are valid for 30 days following presentation to the client.
5. PAYMENT
321media’s payment terms are strictly 14 days from the date of invoice and in the event of accepting a proposal, the client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out in the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
The client shall be responsible for all collection or legal fees necessitated by late or default in payment. 321media reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
6. BOOKING FEE/CANCELLATION
To reserve the services of 321media, a 50% deposit is required on booking and is payable within one week of accepting the proposal. The remaining 50% must be received before the final edit can be delivered un-watermarked.
If the client cancels the booking less than 4-weeks prior to an agreed filming date, the client will be liable for the whole invoice value less any booking fee already paid. If the client cancels the booking more than 4-weeks prior to an agreed filming date, they shall forfeit the booking fee.
7. LIABILITY
321media accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of 321media being unable to supply the product(s) or service(s) as specified in the booking form, liability shall be limited to the total invoice value – or monies already paid by the client.
8. CARE AND DAMAGE TO CLIENT PROPERTY
Whilst every care is taken in the handling of the client’s property, 321media accepts no responsibility whatsoever for any loss or damage due to unforeseen circumstances whilst in the custody of the company. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
9. INSURANCE
321media carries public liability insurance cover of two million pounds. A copy of our insurance certificate can be provided on request. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
10. RIGHT OF ASSIGNMENT
321media retains its right to assign the supply of the product(s) or service(s) to the client to another suitable company should we be unable to complete the booking under these terms and conditions.
11. COPYRIGHT/USAGE LICENSE
321media asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by 321media and is protected under UK law.
The client must ensure that permission is sought for the inclusion of any copyright material they supply to 321media to enable them to deliver the product(s) or service(s). The client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The client agrees to indemnify 321media in the event of any breach of copyright claims being brought against the company in respect of material supplied by the client.
As part of our video production service, we will grant a perpetual usage licence relating to the video material in its delivered form to the client subject always to the following express condition:
Provided that all monies due to us from the client have been received as cleared funds in our bank account, and provided that the client is not in breach of anything contained in these Terms and Conditions 321media assigns to the client a time-unlimited licence to use the footage in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
We retain the right to use any of our copyright material for use within projects for other clients unless (a) we have granted an exclusive licence to any client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the client.
12. DATA PROTECTION
The client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of 321media supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
The client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded.
13. CONFIDENTIALITY
Unless otherwise agreed, 321media will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the client shall keep confidential any methods or technology used by 321media to supply the product(s) or service(s).
14. HEALTH & SAFETY
321media reserves the right not to film in dangerous or unsafe situations. The company and client will observe current Health & Safety regulations and have due consideration for the safety and welfare of staff and general public.
15. ADVERSE WEATHER CONDITIONS
In the event of inclement weather which in our opinion would pose a risk to the health and safety of our personnel or equipment or has the potential to prevent successful video or audio capture, 321media reserves the right to change the date or time of filming to a more suitable date or time.
16. CLIENT DELAYS
In the event of filming being delayed or aborted due to the client’s failure to adhere to the agreed dates, times, facilities, organisation or any other matter specified in the proposal, 321media reserves the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
17. EQUIPMENT/PERSONNEL
In the event that 321media experiences equipment failure, technical difficulties or loss of personnel, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
18. CREATIVE BRIEF
Unless otherwise agreed, the client accepts 321media’s decisions on creativity within the product(s) or service(s).
All works undertaken will be as per 321media’s written quotation based upon the agreed proposal. It is the client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional filming will be subject to an additional charge.
19. APPROVAL/AMENDMENTS
Under normal circumstances, a watermarked ‘first edit’ will be available for the client for review and comment. Up to 3 minor changes or up to 1 hour’s worth of amendments (whichever is greater) is complementary, provided that any amendments fall within the original agreed proposal.
321media requires the client’s written sign off before delivery of the final edit. The client agrees to cover any additional costs incurred by changes advised thereafter.
Any mistakes/errors made on the part of 321media will be exempt and not counted towards the complementary amendment clause.
20. CUSTOMER MATERIAL
321media reserves the right to destroy all customer video material, including material that has been captured, processed and/or produced by us or provided to us by the client, upon handover of the final product(s) or service(s). All customer material will be deleted or destroyed 30 days after handover of product(s) or service(s).
321media accepts no liability for loss or damage of product(s) or service(s) once handed over to the client. 321media accepts no liability for loss or damage of the client’s personal property given to aid productions e.g. music CDs.
21. ASSUMPTION OF THE RISK & WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result the governments and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. 321media has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you, your shoot participants or family members will not become infected with COVID-19. By proceeding with your shoot you are agreeing to our terms and conditions. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19. By doing such, exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 during a shoot with 321media may result from the actions, omissions, or negligence of myself and others, including, but not limited to, shoot participants and their families. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself, your family and shoot participants (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind. You hereby release, covenant not to sue, discharge, and hold harmless 321media, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of 321media, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after your shoot.
All terms and conditions stated within this document are deemed acceptable to the client upon acceptance of a proposal or instruction to proceed given by any means. This document shall be taken as an agreement between the client and 321media under UK law.