Terms and Conditions
This page tells you information about us and the legal terms and conditions on which we sell any of the video services (Video Services) listed on our website at www.getfilm.co (our Site) or other services as agreed in writing.
These Terms and any Contract Details Confirmation we provide to you will apply to any contract between us for the sale of Video Services to you (Contract). Please read these Terms and the Contract Details Confirmation (if any) carefully and make sure that you understand them, before ordering any Video Services or any other services from us. Please note that before placing an order you will be asked to agree to these Terms and the Contract Details Confirmation (if any). If you refuse to accept these Terms and/or the Contract Details Sheet (if any), you will not be able to order any Video Services or other services from us.
These Terms apply whether you are a business or a consumer. For the purposes of our Contract with you, you are a consumer if you are an individual acting for purposes which are wholly or mainly outside your trade, business or profession. If you are not a consumer, you are a business. We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Video Services, please check to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on [15/09/16].
1. Information about us
The sub-clauses in this clause 1 apply whether you are a business or a consumer unless a sub-clause is explicitly stated to apply to either a business only or a consumer only.
1.1 We are Now Film Limited, a company registered in England and Wales under company number 08581973 and with our registered office at 616 Welbeck Road, Newcastle upon Tyne NE6 3AB. Our main trading address is Gateshead International Business Centre, Mulgrave Terrace, Gateshead. Our VAT number is [233 6917 01].
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is by post to [Office 19/20 Gateshead International Business Center, Mulgrave Terrace, Gateshead, NE8 1AN]. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or we receive the letter].
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning on [0845 3090009] or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning [0845 3090009] or by e-mailing us at [firstname.lastname@example.org]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 12.3.
2. How the contract is formed between you and us
This clause 2 applies if you are a business or a consumer.
2.1 If you choose to place an order with us, you can contact us via our Site or call us directly on 0845 3090009. We will then discuss your requirements with you, making recommendations as we deem appropriate and thereafter we will confirm your selected Video Services by providing you with Contract Details Confirmation (or otherwise confirming in writing). For the avoidance of doubt, it is your responsibility to check that the Video Services you select meet
your requirements. As a professional production company, we advise you to follow any recommendations we make in relation to your selection of Video Services and accept no liability where you fail to do so.
2.2 Please take the time to read and check the details of your order and these Terms, by placing an order with us on the basis of the written confirmation, you accept these Terms.
2.3 The Contract between us will only be formed when either of the following takes place you sign the Contract Details Confirmation or otherwise indicate your acceptance of the Terms, including by clicking on any “SUBMIT” button displayed as part of the order process.
2.4 If we are unable to supply you with Video Services, for example because we do not have the resources available to meet your requirements, we will inform you of this by e-mail and we will not process your order.
3. Video Services
This clause 3 applies if you are a business or a consumer.
3.1 We make the Video Services available in different personalised packages (Packages) to suit varying requirements. The information on our Site allows you to review and select the elements which make up your Package. We will then discuss your requirements and advise you as to suitability of your choice making recommendations where appropriate. The elements of your personalised package will be set out in the Contract Details Confirmation. You are responsible for selecting the Package that best suits your requirements.
3.2 From time to time, you may request and we may agree in writing to provide:
(a) additional services involving the provision of services relating to editing (over and above that which is provided as part of a Package) or animation (Additional Services);
(b) custom video services bespoke to your requirements (Custom Services); or
(c) Video Services on a retained basis (Retained Basis),
in each case, the descriptions and arrangements shall be as set out in the Contract Detail Confirmation or as otherwise agreed in writing.
3.3 We agree to provide:
(a) the Video Services with reasonable skill and care and substantially in accordance with the Package Descriptions;
(b) the Additional Services (if any) and/or the Custom Services (if any) in each case, in accordance with the written description provided in the Contract Detail Confirmation and in each case, with reasonable skill and care.
3.4 If you are a consumer, clause 3.3 is in addition to, and does not affect, your legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
3.5 Whilst we will use our reasonable endeavours to meet your reasonable requirements in providing the Video Services (including any requirements documented in any briefing document which we may ask you to complete prior to a Video Shoot (Brief)), please note that:
(a) the parameters of the particular Package you have purchased applies to our provision of the Video Services (including, for example, any Maximum Time Entitlement specified in relation to the Video Shoot and/or the Editing Services);
(b) in relation to the Editing Services:
(i) we will grant you access to an online editing suite (Suite) in order to log your proposed amends (Amends) to the first cut (First Cut) or to the
extent that you are unable to access the Suite, we will provide you with an alternative means to view the First Cut and communicate Amends to us;
(ii) the Customer Representative is entitled to log two set of Amends (the First Set and the Second Set) using the Suite and must log those Amends as follows:
(1) the First Set, within 7 days (or such other period as we shall agree with you in writing) of the First Cut being made available;
(2) the Second Set, within 7 days (or such other period as we shall agree with you in writing) of us notifying you that we have actioned the First Set;
For the avoidance of doubt, a set of Amends is a batch of Amends logged on one day. If you have not logged the First Set by the date falling 10 days after notification that the First Cut is available or the Second Set by the date falling 10 days after us notifying you that we have actioned the First Set , it shall be assumed that no further Amends are required and consequently, that the First Cut is accepted as the final video (Final Video);
(iii) there are limits as to the nature and quantity of Amends that we will accept and provided we act reasonably, our decision in this regard shall be final. For example, we will not be able to action any Amends which require special effects or image enhancements. For further information, please contact us using the contact information at clause 1 above. We will inform you if we reject any Amend within 2 Business Days of the Customer Representative of the logging of the that Amends;
(iv) our sole responsibility in relation to the Editing Services shall taking action which we deem to be appropriate in relation to the Amends (unless we reject those Amends pursuant to clause 2.3(c)(iii)) in order to produce the Final Video from the First Cut. Except in relation to any Additional Services (in respect of which further fees shall be payable), we shall have no further responsibility to carry out further services once we have notified you that the Final Video is available pursuant to clause 6.3.
(c) as a professional production company, we have final editorial and artistic control over the Final Video.
3.6 In relation to the provision of the Video Services, the Additional Services and the Custom Services (together the Services), you agree:
(a) to co-operate with us in all matters;
(b) that if we require you to complete a Brief prior to a Video Shoot or any sign-off document after a Video Shoot, you shall ensure that such document is completed on request and that the information provided is full and accurate;
(c) to obtain all necessary licences, permissions and consents which may be required to allow us to provide the Services (including, for example, access to premises and consent from relevant individuals);
(d) to respond to any further requests for information we make in relation to Amends, within 3 Business Days of such request,
4. Price and payment
This clause 4 applies if you are a business or a consumer.
4.1 The price (Price) for:
(a) the Package you select will be the Price indicated on the Contract Details Confirmation or the pricing pages of our Site (as the case may be); and
(b) the Price set out in the Contract Detail Confirmation (if any) or as otherwise agreed in writing shall apply to our provision to you of:
(i) the Custom Services;
(ii) the Additional Services; and/or
(iii) any Video Services provided on a Retained Basis.
4.2 If you require the First Cut particularly quickly, we may in certain circumstances make available to you a rush service solution (Rush Option). The Price payable for the Rush Option shall be set out on the Contract Details Confirmation or on the pricing pages of our Site (as the case may be) and shall be paid in addition to the Price of the relevant Package.
4.3 We accept payment with by direct bank transfer to the bank account of which we notify you in writing and by any other method of which we inform you in writing.
4.4 Where you purchase a Package (with or without the Rush Option), you must pay as follows:
(a) 50% of the price payable (being the Price for the Package together with the Price payable for the Rush Option (if any)) on order acceptance;
(b) 50% balancing payment on whichever is the earlier of:
(i) us notifying you that the Final Video is available; or
(ii) the First Cut being deemed accepted as the Video pursuant to clause 3.5(b)(ii).
4.5 Where you purchase Additional Services, Custom Services and/or Video Services on a Retained Basis, you shall pay in accordance with the payment terms set out in the Contract Details Confirmation.
4.6 Without prejudice to any other right or remedy we may have, if you do not make any payment to us by the due date for that payment we may:
(a) charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount;
(b) suspend our provision of any of the Services or any part of them until that payment has been made in full.
4.7 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
This clause 5 applies if you are a business or a consumer.
5.1 Unless you have purchased the Rush Option, we shall use our reasonable endeavours to notify you that the First Cut is available as soon as is reasonably practicable after the end of the Video Shoot.
5.2 If you have purchased the Rush Option, we shall make the First Cut available to you within 48 hours of the end of the Video Shoot.
5.3 The delivery of the Final Video is dependent upon your provision of the Amends, we shall use our reasonable endeavours to carry out the Editing Services and notify you that the Final Video is available as soon as is reasonably practicable after the final date on which you processed the Amends.
5.4 For the avoidance of doubt, we hereby agree to assign to you absolutely with full title guarantee all intellectual property rights in the Final Video once you have paid the price in full in accordance with clause 4.
6. If you are a consumer
This clause 6 only applies if you are a consumer.
If you are a consumer, you may only purchase Services from our Site if you are at least 18 years old.
7. If you are a business customer
This clause 7 only applies if you are a business.
7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase the Services.
7.2 These Terms and the Contract Details Confirmation (if any) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any Contract Details Confirmation (if any).
7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
8. Our right to vary these Terms
This clause 8 applies if you are a business or a consumer.
8.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
8.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9. Your consumer right of return and refund This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, for most services bought online or over the telephone, you have a legal right to change your mind and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.2 Because you have purchased services, you have 14 days from whichever is the earlier of (a) the day we email you with your Order Confirmation or (b) the date on which you sign the Contract Details Confirmation. However, once we have completed the services (by providing you with the Final Video) you cannot change your mind, even if the period is still running. If you cancel after we have started the services (for example, by attending the Video Shoot and providing you with the First Cut), you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.3 To cancel a Contract pursuant to clause 9.2, you just need to let us know that you have decided to cancel by contacting us using the contact details at clause 1.2(a), please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.4 If you cancel pursuant to clause 9.2, we will refund you the following percentage of the Price you have paid for the Services depending on the point at which the notice to cancel is served as follows:
(a) where you cancel prior to the Video Shoot, we shall reimburse you with a sum equal to 90% of the Price paid for the relevant Service;
(b) where you cancel after the Video Shoot but before we have actioned any Amends, we shall reimburse you with a sum equal to 40% of the Price paid for the relevant Service;
(c) where you cancel after we have begun to action Amend, we shall reimburse you with a sum equivalent to 10% of the Price paid for the relevant Service.
9.5 We will make any refunds to which you are entitled under this clause 9, within 14 days of you telling us that you have changed your mind.
9.6 Because you are a consumer, we are under a legal duty to supply Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to services that are not as described. These legal rights are not affected by your right of refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.7 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Our liability if you are a business & your indemnity to us
This clause 10 only applies if you are a business.
10.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
10.2 Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.3 Subject to clause 10.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances shall not exceed a sum equal to 125% the Price paid by you to us under the Contract during the 12 months immediately preceding the date on which the claim arose.
10.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute (including those implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982), common law or otherwise is excluded to the fullest extent permitted by law.
10.5 You shall indemnify us and keep us indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full
indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with these Terms and any Services we provide to you.
11. Our liability if you are a consumer
This clause 11 only applies if you are a consumer.
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
11.2 We only supply the Services to you for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
12. Communications between us
The sub-clauses in this clause 12 apply whether you are a business or a consumer unless a sub-clause is explicitly stated to apply to either a business only or a consumer only.
12.1 When we refer in these Terms, to “in writing”, this will include email. 12.2 If you are a consumer you may contact us as described in clause 1.2.
12.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one business day after transmission. A Business Day for the purposes of this clause is a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13. Other important terms
The sub-clauses in this clause 13 apply whether you are a business or a consumer unless a sub-clause is explicitly stated to apply to either a business only or a consumer only.
13.1 If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
13.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.7 If you are a consumer, please note that these Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).