Terms and conditions
DEPOSIT AND PAYMENT
To secure a date and confirm a booking, we require a 50% deposit to be paid in advance. If this is not possible due to time constraints, these terms and conditions must be accepted before the shoot commences and the client must fill out our ‘new client form’ and complete all details.
If no deposit is paid but a date is clearly reserved for a shoot, 35% of the cost of that shoot will be payable by the client if cancelled within 7 days of the shoot commencing. If cancelled within 48 hours 100% of payment will be payable. This will be invoiced after cancellation and is payable within 14 days. Balances for filming will be issued immediately after the shoot and are to be paid within 14 days of invoice.
Post production/editing are to be paid within 14 days of invoice. All payments are to be made using bank transfer.
A late payment fee of 5% per week applies to all transactions unless by prior agreement.
If the conclusion of a job runs over schedule for reasons in the client’s control, the total outstanding balance must be paid within 42 days after filming.
We are always more than happy to provide a full no obligation estimate.
By payment of deposit or accepting our terms in our ‘new client form’ you are agreeing to the terms stated here.
The client’s requirements must be clearly provided in the form of a written brief to Solent Sky Services with at least 48 hours’ notice before commencement of any work.
If full payment is not received within the time frame stated on the issued invoice, Solent Sky Services reserve the right to remove all or any discounts offered on the original agreed quotation. These discounted amounts (in £GBP) will be invoiced separately – and in addition to the original invoice – at the discretion of Solent Sky Services.
Solent Sky Services reserve the right to cancel or terminate a contract if:
a). You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of Solent Sky Services and anyone connected with Solent Sky Services could be damaged.
Any contract requiring Solent Sky Services 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 Solent Sky Services, its servants or agents, as necessary.
A project will only be publicly released by Solent Sky Services and the client once both parties (Solent Sky Services and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.
Solent Sky Services 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. 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 to use the “unsuitable” information, its inclusion may be considered.
Solent Sky Services 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 Solent Sky Services, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Solent Sky Services cannot be held liable for loss or damage caused as a result of third party action or failure.
Solent Sky Services CREDIT : Unless you specify otherwise, it is standard procedure (especially on discounted productions) for us to include a small Solent Sky Services text credit at the end of all videos.
EXPENSES AND ADDITIONAL COSTS
Mileage expenses within the UK will be charged at 45p per mile. Accommodation and other expenses will be quoted and approved in advance.
Exceptional expenses may be payable by agreement, in advance. Otherwise, all expenses are to be paid within 14 days of invoice.
On occasion it may be necessary to get special permissions from the CAA in order to fly. On such occasions bookings will be subject to an admin fee agreed prior to the shoot. If flying abroad, we may require additional time in order to get permissions to fly. With this, there may also be additional cost. We are not VAT Registered.
If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be accepted to prove changes to agreements for the form and content of programmes.
Filming and production resolutions are to be agreed and confirmed prior to a quotation being supplied.
Solent Sky Services carries public liability insurance cover of 1 million pounds. A copy of our insurance certificate can be provided on receipt of a request to our offices. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
A standard filming day is 8 hours of crew time on-set or at location (including lunch and breaks, but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.
half days are 3.5 hours. If a day or half day is booked and the shoot runs over, then 30% of the rate will be charged for every additional hour required. This isn’t the case on shoots involving multiple days.
Unless contractually agreed prior to the commencement of filming, Solent Sky Services LTD will retain copyright of all our filming content. The client will get complete use of all footage we obtain for their specified projects, but the client will not be able to re-sell our footage or allow 3rd party companies to use the footage without prior agreement. We also reserve the right to prevent any output of our content until full payment has been received. If this is not possible due to time restraints, Solent Sky Services LTD will need a specified date of payment in writing and until this is received, no content shall be distributed.
We (Solent Sky Services LTD) are extremely proud of the work we do and would love to show it off. Because of this we do reserve the right to use any of the content gathered for our own promotional activities. We also reserve the right to upload our footage to stock footage libraries after the footage has been released for it’s original purpose. We often work with large stock footage clients and so if this does not suit your requirements, please let us know and alternative arrangements can be made.
RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written permission from Solent Sky Services. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
Solent Sky Services retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of Solent Sky Services promotional use, unless otherwise agreed in writing with the client.
Any confidential or proprietary information which is acquired by Solent Sky Services 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, Solent Sky Services will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the Solent Sky Services to supply of the product(s) or service(s).
Unless otherwise agreed in writing, the client accepts Solent Sky Services’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 Solent Sky Services. Solent Sky Services reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract. RE-MASTERING: Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a £350 (ex VAT) re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing QC.
Solent Sky Services 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 claims must be made in writing to Solent Sky Services within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Solent Sky Services reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
SUPPLY OF RUSHES / ALL FOOTAGE FILMED: Rushes (all filmed footage) are not supplied to the client as standard. Rushes/video files can be supplied for an agreed additional fee. Rushes can be supplied WITH edit project files / edit timelines for an agreed fee, which includes the transfer of Solent Sky Services’ intellectual property rights on the timeline sequences.
Please be assured that all enquiries will be dealt with in complete confidence and if preferred, involved members of staff are more than happy to sign a non-disclosure agreement prior to details of the project being shared. Please let us know if this is something you would like to go ahead with.
LIMITATION OF LIABILITY
Nothing in these Conditions shall limit or exclude Solent Sky Services LTD's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause the above:
(a) Solent Sky Services LTD shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Solent Sky Services LTD's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Charges for the relevant Order, with regard to which the Customer is claiming loss.
POSTPONEMENTS AND CANCELLATIONS
Naturally our work is affected by the ever-changing weather. If the shoot cannot be achieved because of the weather then we will try our best to re-schedule the filming for another day and the deposit will be transferred.
If however you no longer require our services then the deposit will be non-refundable. If we have incurred any other costs in relation to your shoot then these costs will be invoiced within our standard terms.
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
In the event that Solent Sky Services experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
Solent Sky Services is a trading name of SOLENT SKY SERVICES LTD. SOLENT SKY SERVICES LTD is a registered company in the United Kingdom with company number 11061514, with registered office address at 17 Park House, 1 Clarence Parade, Southsea, Hampshire, PO5 3RJ
These terms are subject to change at any time without prior notification.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Solent Sky Services under UK law.