Terms and Conditions
General
These Terms and Conditions shall govern each and every order and shall form part of the agreement between Seymour Productions Ltd and the company or individual requesting the services of Seymour Productions Ltd (the “Client”).
No variation of any term or condition set out herein shall be effective unless agreed in writing by both parties.
Seymour Productions Ltd will not commence work on any project until agreement has been received from the Client in writing. The scope of the project will be in accordance with the proposal, budget / quotation and schedule supplied by Seymour Productions Ltd to the Client prior to the commencement of contract. An ‘order’ is deemed to be a written contract between Seymour Productions Ltd and the Client. Seymour Productions Ltd budget estimates are subject to an errors and omissions excepted clause.
Payment
Unless otherwise agreed in writing, projects with a total minimum value of £750.00 Sterling are subject to the payment of a 40% deposit before commencement of the project. Seymour Productions Ltd will invoice for a further 30% of the total upon completion of principal photography and will invoice for the final 30% of the total on completion of the project. Payment terms are strictly within 14 days of the date of invoice. 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.
Seymour Productions Ltd reserves the right to charge statutory interest of 8% above the Bank of England base rate plus debt recovery costs on late payments, in accordance with UK legislation. The Client will also be liable to reimburse Seymour Productions Ltd for any legal costs incurred in connection with recovery of any late payment. No rights are granted in the goods or services provided until full payment has been received by Seymour Productions Ltd.
For projects with a total value of less that £750.00 Sterling, Seymour Productions Ltd requires full payment before commencement of the project.
Payment may be made by bank transfer, cheque or cash. All cheques must be made payable to Seymour Productions Ltd.
All terms quoted and payable are exclusive of VAT, which will be added where appropriate.
Expenses
Seymour Productions Ltd will charge out-of-pocket expenses incurred in delivering a project in addition to the costs set out in a budget / quotation. Estimates of likely out-of-pocket expenses will be provided to the Client where possible in advance.
All out-of-pocket expenses will be charged at cost and are subject to the provision of proof of expenditure to the Client.
When out-of-pocket expenses are incurred by Seymour Productions Ltd in a currency other than Sterling, the re-charged exchange rates are calculated based upon “actual costs to us” whether for credit, cash or any other type of transaction.
Additional costs
Major alterations to a project, not agreed prior to the commencement of work, can only be made subject to a further written agreement and may incur additional cost.
Failure of the Client to meet approval dates / sign-off stages of the project may incur additional cost.
Delays in the supply of source materials, products, services or personnel organised by the Client or the Client’s representatives and / or problems encountered by Seymour Productions Ltd in the functionality or usability of such materials or services may incur additional cost.
Filming and post-production days are agreed to be no more than 8 hours. Additional hours requested by the Client may incur additional cost.
In the event of filming being delayed or aborted due to a lack of organisation from the Client, Seymour Productions Ltd reserves the right to charge the relevant days’ filming costs. A re-visit to site to carry out further works may incur additional cost.
Seymour Productions Ltd undertakes to liaise with the client on any additional costs incurred during the course of the project that fall outside of the original invoice / quotation.
Cancellation and termination
In the event of cancellation of a project by the Client before its start date, Seymour Productions Ltd reserves the right to retain any monies already paid to cover third party expenses such as crew and equipment hire charges.
The Client may terminate a project at any time after its commencement in writing, but will remain liable to pay in full for all work already undertaken and in progress by Seymour Productions Ltd and for all expenses already incurred by Seymour Productions Ltd.
Production
If filming venues are being organised by the Client, it is the responsibility of the Client to ensure Seymour Productions Ltd has full and clear access throughout the filming day. Delays caused by a failure to do this may incur additional cost.
It is the responsibility of the Client to inform guests and workers present on any property where filming is due to take place and to obtain the relevant permission forms duly signed by guests or staff as necessary. Forms can be provided by Seymour Productions Ltd.
In all instances Seymour Productions Ltd reserves the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe. Any omissions in filming caused as a result of this do not give the Client grounds for non-acceptance of final product.
Seymour Productions Ltd reserves the right to postpone, extend or reschedule video or photography shoots due to unfavourable weather conditions, in which circumstances additional out-of-pocket expenses will be met by the Client, but the original production quote and cost will not be affected.
Additional costs may be liable if the Client delays or reschedules a shoot which causes the extended hiring or re-hiring of additional or alternative crew than those used on the originally planned shoot.
Unless otherwise agreed in writing, the Client is responsible for obtaining and paying for local permits and permissions necessary for locations where filming is essential. Any omissions in filming caused by a failure to obtain such permission do not give the Client grounds for non-acceptance of final product.
The Client shall provide appropriate security arrangements for any filming outside of the United Kingdom for which Seymour Productions Ltd provides crew or equipment and such arrangements shall be notified to Seymour Productions Ltd in writing in advance of travel.
Unless otherwise agreed in writing, transportation and accommodation for Seymour Productions Ltd personnel will be at the same level as is usual for the Client’s own employees.
Aerial work
Seymour Productions Ltd operates an Unmanned Aircraft System (UAS) to capture video and photographs from the air.
Clients engaging Seymour Productions Ltd to undertake any aerial operations accept that all such operations will be conducted strictly in accordance with Seymour Productions Ltd’s Operations Manual, CAA Operational Authorisation and the prevailing regulations in the country of operation.
Prior to the commencement of an operation Seymour Productions Ltd must carry out pre-flight assessments to ensure it is feasible and can be conducted safely and legally. Unless otherwise agreed, it is the responsibility of the Client to provide any details requested by Seymour Productions Ltd for these pre-flight assessments. Delays caused by a failure to do this may incur additional cost.
Aerial operations are affected by the flying conditions. Seymour Productions Ltd therefore reserves the right to postpone, extend or reschedule aerial operations due to unfavourable weather conditions, in which circumstances additional out-of-pocket expenses will be met by the Client, but the original production quote and cost will not be affected.
On any operation, it is the responsibility of the Pilot to decide whether the intended flight can be safely made and the Pilot’s decision is final.
Post-production and review
Seymour Productions Ltd will produce work in accordance with an agreement in writing between Seymour Productions Ltd and the Client.
The Client agrees to formally approve and sign off various stages of the production process upon request by Seymour Productions Ltd or in accordance with the schedule agreed in writing with Seymour Productions Ltd. Failure to approve or make amendment requests within the agreed time will be understood as confirmation of approval and may render further rights of review and final product approval void. All requests for amendments must be made by the Client in writing. Requests for additional reviews over and above those set out in the schedule agreed in writing with Seymour Productions Ltd may incur additional cost.
Seymour Productions Ltd reserves the right to charge for storage of footage and hard drive space or cancel the project without refund of any monies, in the event that post-production is delayed by the Client beyond 30 days.
Seymour Productions Ltd cannot be held liable to any party for any errors on any medium after the Client has agreed in writing that the content is approved.
Seymour Productions Ltd will not be responsible for any delay or failure to deliver material to the Client caused by circumstances beyond its control, such as Acts of God, fire, strikes, failure of subcontractors or suppliers to supply material required. Where such delay occurs, the obligations of Seymour Productions Ltd to the Client shall be suspended for the period of the delay.
Unless otherwise agreed, the Client accepts the editorial and creative decisions of Seymour Productions Ltd.
All necessary rights, permissions and licences for the use of source materials (video, audio, photographs, musical works, logos, etc) supplied by the Client must be obtained by the Client.
Any such material must be provided to Seymour Productions Ltd totally free of charge (or otherwise paid for by the Client) and the Client shall indemnify Seymour Productions Ltd against any future possible claims, disputes, expenses or similar that may arise from a third party concerning usage of such material. Seymour Productions Ltd reserves the right to refuse to use, publish or broadcast any information or material it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal or breaches any other rights or is any way unlawful.
The Client undertakes to supply such material and other resources to Seymour Productions Ltd promptly as agreed and must satisfy themselves that such material is accurate, complete and finalised to their satisfaction before submission. Seymour Productions Ltd cannot be held responsible for any mistakes or omissions that appear on source materials.
It is the responsibility of the Client to ensure any materials supplied to Seymour Productions Ltd are adequately backed up or copied – Seymour Productions Ltd is unable to accept liability for any loss or damage whatsoever to any materials given by the Client or their agents.
Copyright
In consideration of, and subject to, the final payment of full fees due to Seymour Productions Ltd by the Client, Seymour Productions Ltd hereby assigns to the Client a Usage Licence in the final product only, the terms of which will be agreed in writing in advance. For the avoidance of doubt, no permission is given for the distribution or licensing of the product to any third parties, unless specifically agreed under the terms of the Usage Licence. Unless otherwise agreed in writing, Seymour Productions Ltd retains copyright in all its Original Material. Original Material includes video recordings, project files, graphics, soundtracks, photographic files, printed material and any other design or artwork commissioned by Seymour Productions Ltd for the project.
A release fee of an agreed percentage of the final production budget must be agreed in advance at the author’s (Seymour Productions Ltd) discretion for release of all production rushes, project files, music files, photographic files, etc.
The Client acknowledges that Seymour Productions Ltd asserts its moral right to be identified as the author of the product and to be credited on the product in a manner agreed by both parties. All other moral rights are reserved by Seymour Productions Ltd.
The Client agrees not to make any substantial changes to the product (whether by editing or otherwise) without the prior written approval of Seymour Productions Ltd.
Seymour Productions Ltd reserves the right to use the finished product for the purposes of their own non-commercial promotional purposes and the Client accepts that the finished product shall form part of Seymour Productions Ltd’s library of works.
Unless otherwise agreed in writing, Seymour Productions Ltd shall be entitled to make reference to their relationship with the Client in publicity material.
Insurance
Employees of Seymour Productions Ltd and directly contracted freelancers are covered by professional liability cover.
Any goods of significant value loaned to Seymour Productions Ltd by the Client (including in transit) in the course of the production should be detailed in writing. There may be a need to increase insurance cover for such items. Any such costs associated will be re-charged to the Client.
Confidentiality
Any confidential or proprietary information which is acquired by Seymour Productions Ltd from the Client will not be used or disclosed to any person or entity, except when required to do so by law.
The Client shall keep confidential any methodologies and technology used by Seymour Productions Ltd to supply the product(s) or service(s).