Terms & Conditions

Terms and conditions: Moving Films Ltd.                      PDF version

These Terms and Conditions are for your protection as well as ours. Please read them carefully.

These conditions, without modification, shall apply to all contracts between Moving Films and the customer except as otherwise agreed in writing by Moving Films and the customer.

TERMS:

1.1) These terms and conditions (“the Conditions”) shall govern and be incorporated in the contract between the parties in respect of the Services and shall prevail over any inconsistent terms and conditions contained, or referred to, in any other documentation supplied by the Client. The Clients Brief Sheet, or acceptance of a quotation for Services by Moving Films’ constitutes an offer by the Client to purchase the Services on these Conditions.

1.2) The Client’s Brief Sheet, or the Client’s acceptance of a quotation for Services by Moving Films, constitutes an offer by the Client to purchase the Services specified in it on these Conditions. Moving Films shall accept no offer placed by the Client other than:
  • by a written acknowledgment issued and executed by Moving Films or delivery by Moving Films or
  • (if earlier) by Moving Films starting to provide the Services, when a contract for the supply of and purchase of the Services on these Conditions will be established. The Client’s standard terms and conditions (if any) attached to, enclosed with or referred to in any Brief Sheet or other document shall not govern the Contract.

1.3) All quotations are made by Moving Films without obligation and are given by Moving Films on the basis that no Contract shall come into existence except in accordance with condition 1.2 Any quotation is valid for a period of 30 days only from its date, provided that Moving Films has not previously withdrawn it. Subject to that, Moving Films reserves the right to vary rates and specifications quoted in budgets, rate cards and relative material at any time without notice.

1.4) Moving Films reserves the right to refuse the acceptance of a Brief Sheet or any other similar document from the Client without any reason for such refusal.

1.5) Failure to confirm acceptance of a quotation in writing and return the Brief Sheet to the Company no later than 10 working days prior to Commencement Date may delay the commencement of Services, hire periods and may result in the termination of the Contract.

2) Copyright (Moving Films material)

The Copyright of all material that has been captured by Moving Films is solely owned by Moving Films and protected under Dutch Law.

Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client This will be clearly specified in your written quotation.

In both circumstances, Moving Films reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes.

3) Copyright (material provided by client)

In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a Moving Films production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Moving Films to use this material the copyright must be explicitly transferred to Moving FIlms. or the material to be provided to Moving Films totally free of charge and the client will have to indemnify Moving Films against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.

Moving Films will reserve the right to use the final production in full or part content for promotional purposes.

4) Performers Release usage

At all times Moving Films advises and recommends its Clients to use and enforce Performers Release Forms. Moving Films will accept no discounts or liability. if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.

5) Payment terms

  1. Moving Films expects 50% of final payment on signing of the contract and invoice and the final 50% on completion of production.
  2. Final payment is due no later than 14 days after the date of the final invoice.
  3. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Moving Films reserve the right to add an accumulative percentage on late payments as dictated under the Dutch government late payments scheme.
  4. Product will be delivered once final payment has been received and cleared.
  5. Payment by bank transfer or credit card using paypal.
  6. If the client is on-site payment in cash is possible after our agreement has been signed.
  7. Where possible we will interim invoice in respect of the Service. Where the quote exceeds €2000 we reserve the right to invoice for the production component of the Service immediately following its completion.
  8. If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.
  9. Payment is to be made in full without any discount deduction, set off or abatement.
  10. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.

6) Approval / amendments of draft footage (1 set of minor amendments)

On the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review. This draft may receive one set of minor revisions only. which is included in the original agreed cost.

Subsequent revisions thereafter or a major re-edit will incur an additional daily rate of €300 + VAT per part day or part thereof. Changes can only be approved with the use of the ‘change order form’ that comes with every contract.

7) Health and Safety

In all instances Moving Films will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance the Client will be liable for any costs incurred as a result of this.

Moving Films will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.

8) Insurance’s (people, equipment etc)

Moving Films carries public liability insurance cover of 5 million euros. Upgraded specific project insurance cover can be provided if required upon request.

9) Bad weather

In the event of inclement weather, Moving Films reserves the right to change the date of filming to a more suitable day. Moving Films will not allow the safety of the equipment or personnel to be compromised.

10) Aborting filming (on shoot day) or re shooting due to clients lack of organization.

In the event of filming being delayed or aborted due to a lack of organization from the Client, Moving Films reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.

11) Changing filming dates.

In the event of the Client wishing to change the filming date we insist on a minimum of 4 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.

 

12) Equipment substitution / failure.

In the unlikely event that Moving Films experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the senior member of the film crew.

No further claims or liability will be accepted.

13) Works specified (as per estimate)

All works undertaken will be as per Moving Films’ written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.

14) Clear access for filming

If the Client is organizing filming venues, it is the Clients responsibility to ensure that Moving Films has clear access to all relevant locations required throughout the day Delays in filming may incur additional charges.

All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.

All Terms and Conditions stated within this document override any Terms and Conditions from the Client.

15) Delivery

  1. The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.
  2. We shall produce one master copy of the production only for your use. Should you require further copies an additional charge will apply. A separate quotation will be issued for the production of additional copies.

16) Deadlines

  1. Any Contract requiring Moving Films to work to specific Deadlines provided within the Brief Sheet will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Moving films, or any of Moving Films’ Representatives. It is agreed that failure to comply with the Schedule, failure to be available for Agency / Client feedback may affect the Deadline and delay the Schedule.
  2. Moving Films office hours are from 9:30am - 18:30pm, Monday to Friday unless notified otherwise.

17) Warranties and Liability

  1. We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
  2. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us, or instructions supplied by you, which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
  3. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.
  4. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
  5. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
  6. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.

 

18) Claims

Any claims must be made in writing to Moving Films 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.

19) Assignment

We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.

20) Severance

If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

21) Waiver

Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.

22) Moving Films 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 Moving Films, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

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