You can download our Terms of Service document here
The term “Company” shall mean Spark Media Creative Ltd.
The term “Client” shall mean the person, firm, agency or company to whom the purchase order/invoice is issued.
The term “Products or Services” shall mean any product or service that is provided by the Company to the Client.
The term “Contract” shall mean the agreement formed between the Client and the Company when an order is received from the Client. An order may be in written, verbal or electronic form.
2. SUPPLY OF PRODUCTS OR SERVICES
The Company agrees to supply the products or services to the Client as detailed in the Order/Invoice and according to this Terms of Service.
Should the Company 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. By providing the Company with an Order, the Client accepts these terms and conditions.
All estimates are exclusive of VAT.
All estimates are valid for 30 days from date of issue.
Estimates prepared by the Company are accurate at the date of issue; however, if additional editing is required the Company will notify the Client in writing of any additional costs that might be incurred due to changes/additional work requested by the Client.
Calendar permitting, the Company agrees to pencil in dates at no obligation from/to the Client and/or the Company. To confirm availability and secure a booking, the Company requires payment as detailed below:
• For bookings/projects £1,500 and under: In full, no later than 30 days after sign off of final film, supply of rushes or livestream.
• For bookings/projects over £1,501: 50% on booking no later than 14 days prior to filming day + 50% on delivery of the final film.
A full Filming/Production day entails 10 hours, including travel to filming location. Sunday and Bank Holiday bookings incur in a 25% surcharge on the daily rate.
The Company retains the right to charge expenses incurred in providing the products or services subject to presenting the Client with receipts/proof of expenditure. All expenses are charged at cost.
8. FINAL DELIVERY SIGN OFF
The Company requires the Client’s written approval of any final edits. The Client agrees to cover any additional costs incurred by changes advised thereafter.
In the event of cancellation or delays prior to an agreed filming date:
• Up to 48 hours before: 15% of filming cost / livestream is payable
• Between 48 and 24 hours: 50% of filming cost / livestream is payable
• Within 24 hours: 100% of filming cost / livestream is payable
The Company reserves the right to charge interest on invoices overdue at an annual rate of 8% above the Bank of England reference rate covering the six-month period in which the invoice became due.
The Company accepts no liability for any loss or damage that may arise from the supply of the products or services. In the unlikely event of the Company being unable to supply the products or services as specified in the Order/Invoice, liability shall be limited to the total invoice value – or monies already paid by the Client. The Company will not be liable to provide replacement services.
12. CARE AND DAMAGE TO CLIENT PROPERTY
Whilst every care is taken in the handling of the Client’s property, the Company 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.
13. RIGHT OF ASSIGNMENT
The Company retains its right to assign the supply of the products or services to the Client to another suitable company should they be unable to complete the commission under these Terms of Service.
14. FILMING PERMITS AND INCLUSION OF COPYRIGHT MATERIAL
The Client will ensure that permission is sought for the inclusion of any copyrighted material they supply to the Company to enable them to deliver the products or services.
The Client agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Client.
The Client will 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 the Company supplying products or services.
The Company 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 the general public.
All video footage shot, animated assets and project files created by the Company remains property and copyright of Spark Media Creative Ltd.
The Client can request the Company a copy of the raw footage for additional fees. There is a pre-agreed rate of £350 payable by the Client to the Company for the transfer of each hour of raw footage. The pre-agreed fee entitles the Client to receive the material via WeTransfer or equivalent online file sharing system or via Royal Mail depending on the amount of footage.
Animated assets such as characters, if innovated, conceptualised and created by the Company, are copyrighted to and the intellectual property of Spark Media Creative Ltd unless previously agreed. That means they cannot be used or shared across other formats unless a licensing agreement has been agreed.
For project files these are the property and copyright of Spark Media Creative Ltd and are not available for sharing. However a request can be made to supply and the circumstances and fee can be agreed, an exception can be made.
The Company reserves the right to display parts of the Clients’ video on the Company’s website and social media platforms unless otherwise agreed during the booking process.
Unless otherwise agreed the Company will treat any information gained during the supply of the products or services as being private and confidential. Likewise, the Client shall keep confidential any methods or technology used by the Company to supply the products or services.
These Terms of Service and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
