- The client’s requirements must be clearly provided to us in writing before commencement of work. Any subsequent changes must be provided in writing and accepted by us and may incur further cost. We reserve the right to quote and charge accordingly, any ongoing and additional pre-production, production and post-production (including deliverables) incurred outside of the agreed contract.
- We will include within our services to you an agreed number of reasonable amendments as long as these are within the confines of the original brief and budget.
- E-mail correspondence shall be sufficient to provide changes to agreements for the form and content of deliverables as long as it is acknowledged with a response.
- The budget allows for one key final delivery. We retain the right to charge for further deliveries.
- Delivery shall mean the final video (on DVD and in digital form) and our shot rushes (i.e. footage). These rushes will be delivered on suitable media supplied by the client.
- A video will only be publicly released by Phoenix Films & Media Productions Ltd once the client approves all content as complete and satisfactory and confirms this in writing.
- We reserve the right to refuse to use, publish or broadcast any information we consider obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
- We 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.
- Any contract requiring us 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 us. If we deem you not to have been so then we cannot be held responsible for failing to meet a deadline.
- Phoenix Films & Media Productions Ltd office hours are 9.00 a.m. to 6.00 p.m. Monday to Friday unless notified otherwise.
- Unless otherwise agreed in writing, the client accepts Phoenix Films & Media Productions Ltd’s decisions on creativity within the product(s) or service(s).
- On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by us within reason.
- We reserve the right to watermark all or any, preview or completed videos until the contract price is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
INTELLECTUAL PROPERTY RIGHTS:
- This assignment does not include third party rights and the client undertakes to clear these for additional use.
- We will retain the right to use all approved footage for our own promotional purposes. This may exclude any third party material (e.g. Music).
- All assets and materials provided by you will be used by us on the assumption that these are either owned by you or the appropriate rights have been acquired by you for their use in the project. We take no responsibility for any third party interest in any such client provided assets and materials.
LICENCES & ACQUIRED MATERIAL:
- Where we have acquired footage, audio recordings, music or any other assets to be included in the project, you will meet all costs incurred to acquire and use such material as indicated in the contract price.
- We are not responsible for clearing and acquiring licences where you use the project beyond the budgeted and declared usage. It is assumed that all third party licences and clearances will be restricted to the usages agreed in the signed off budget. You accept that it is your responsibility to ensure that the programme or project is exploited only within those cleared and licensed limits.
- Where you require us to obtain additional third party licences and clearances you accept that there will be costs additional to the agreed contract price including management and facility fees.
- Unless agreed otherwise in writing, Phoenix Films & Media Productions Ltd reserves the right to charge 50% of the contract price as an advance payment to be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining 50% shall be payable on completion of the project.
- The contract deliverables will be delivered once final payment has been received and cleared. We reserve the right to withhold final delivery if agreed payment terms are not met.
CANCELLATION OR SUSPENSION:
- A client may terminate the contract at any time by written notice of termination.
- In the event of client cancellation of the order, you agree to meet all financial outlay and commitments to third party suppliers made on your behalf, including freelance contracts. We will present details of such expenditure and commitments for client audit.
- We shall be under no liability if unable to carry out any provision of the contract for any reason beyond our 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 us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
- Phoenix Films & Media Productions Ltd and all our employees will maintain complete client confidentiality and will not share any projects, assets or commercial information with any third party unless asked to do so by you or required by law.
Phoenix Films 2017