Terms and Conditions of Service

Definitions

  • “The company” refers to Vermillion Films Ltd, 20 Victoria Works, Vittoria Street, Birmingham, West Midlands, B1 3PE.
  • “The services” refers to all agreed services and deliverables, detail of provision to be made with respect to the client by the company, as detailed in the agreement.
  • “The client” as named on the agreement as either a private individual or individual representative of a company, hires the equipment and/or the services. 
  • “The charge” refers to all agreed charges to be paid by the client to the company. 
  • "The period" means the period between the commencement and agreed completion of the services.
  • “The agreement” contains full customer details applicable to the agreement, and is signed by the client to confirm acceptance of these terms, to confirm their recognition of the correctness and completeness of the agreement and the details of the services, and to confirm due payment of the charge.

These terms and conditions (which supercede all previous terms and conditions whether written or implied) shall govern all film, animation or other creative project between the company and the client to the exclusion of any other terms and conditions.

  1. The company requires an initial deposit of 50% of the total invoice value as a deposit prior to commencement of production work. 
  2. The remaining 50% shall become due when the project is complete and ready for delivery. This invoice must be paid within 14 days of the date of the invoice.
  3. Where payments are to be staged differently, this must be agreed in writing as part of the production agreement.
  4. Where a project’s value is less than £2,000, the entire sum is payable prior to commencement of work.
  5. Unless specified otherwise the company’s fee shall be exclusive of disbursements and expense items not previously agreed in writing related to the agreed programme of services.
  6. If payment is not received within 30 days of the invoice date, the company will act under the Late Payment of Commercial Debts Act (Interest). This includes reasonable debt recovery charges and interest.
  7. Payment may be made by bank transfer, cheque or cash. Cheques must be made payable to Vermillion Films Ltd.
  8. Each project entitles the client to three sets of revisions. The draft edit is subject to one set of reasonable major revisions and then two set of reasonable minor revisions.
  9. Major changes that go beyond the scope of reasonable revisions, will only be made subject to a further written agreement.
  10. A project will only be released to the client once the client has approved the project in writing. 
  11. A client may terminate the contract at any time by written notice of termination. If a client terminates the contract, they remain liable to pay in full for all work previously undertaken and in progress by the company.
  12. Any and all monies (excluding the deposit) held on account and unused will be returned subject to a 5% administration charge.
  13. The company 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.
  14. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason and legality, to use the "unsuitable" information, its inclusion may be considered.
  15. The company cannot be held liable for loss or damage caused as a result of third party action or failure.
  16. The company 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.
  17. The client’s contracts may be modified by agreement in writing at any time to add or delete services.
  18. Where a project requires additional content this will be considered a change to the contract and requires an additional agreement that will be binding.
  19. Online and e-mail correspondence shall be sufficient to approve changes to agreements for the form and content of programmes.
  20. In consideration of, and subject to, the final payment of full fees due to the company by the client, the company will assign to the client full title guarantee to all the present and future copyright and other intellectual property rights howsoever arising in the content used in the final approved version.
  21. The company retains the right to use any and all footage and or materials acquired during a project for its own promotional purposes. Where there are restrictions applied these must be agreed in writing prior to commencement of the project.
  22. Any and all footage, intellectual property and copyright not used in the final approved version of the film remains the property of the company.
  23. The company reserves the right to be credited appropriately for its work. Where there are restrictions applied these must be agreed in writing prior to commencement of the project.
  24. Any confidential or proprietary information which is acquired by the company 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, the company will sign and adhere to the conditions of any non-disclosure agreement.
  25. Any contract requiring the company 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 the company, its servants or agents, as necessary.
  26. The company’s office hours are 9.00 a.m. to 5.30 p.m. Monday to Friday unless notified otherwise.
  27. Any claims must be made in writing to the company within 7 days of receipt of goods or confirmation of completed services. If no claim is made within this period the client is deemed to have accepted the goods or completed services at the agreed price.
  28. Should the client have cause to make any complaint about service or programmes then the complaint, if put in writing, will be acknowledged by the company within 14 days and a detailed reply will be issued to the customer within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to the company’s registered address by registered post.
  29. The company 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 the company, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
  30. The Company accepts no liability in respect of the Services, Goods and the Customer's Materials except as is provided for in section 11 hereof.
  31. Not withstanding anything contained in these Trading Terms and Conditions or the Contract in no circumstances shall the Company be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any loss of profit, business, contracts, revenues or anticipated savings, or, for any special, indirect or consequential damages of any nature whatsoever. 
  32. The Company shall not be liable for any loss or damage to the Customer's Materials or otherwise to the Customer unless it is shown by the Customer that such loss or damage is caused by the negligence or breach of Contract by the Company. In such event, the Company's liability shall be limited to the price of the Goods or Services specified in the Contract or the sum of £500.00 (five hundred pounds), whichever is lesser