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1). In these Terms and Conditions the words ‘Solent Sky Services’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Solent Sky Services Limited, a UK registered limited liability company.  The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.

These Terms and Conditions apply to all video and associated audio product created by Solent Sky Services, including all moving and still images and sound recordings of whatever form.

Acceptance of this quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between Solent Sky Services and the client.

2a). All quotes are free and valid for thirty (30) days unless otherwise agreed or stated.

2b). It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.

No liability will be accepted by Solent Sky Services for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.

Where copyright material is provided by the client for incorporation into a Solent Sky Services product, permission must be obtained from the original copyright owner / material provider.

The client undertakes to indemnify Solent Sky Services against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.

A full production brief must be signed off by the Client before production work begins.

3). Costs will be discussed during initial meetings between the client and Solent Sky Services. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified, agreed in writing and charged accordingly to the client.

4). Production fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc or tape duplications, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.

5). 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 sufficient to prove changes to agreements for the form and content of programmes.

6). Solent Sky Services will not commence work on any project until a signed purchase order or equivalent document has been provided by the client.

7). 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.

8). Unless agreed otherwise in writing, Solent Sky Services reserves the right to request 50% (exclusive of VAT) of the invoice as a deposit which must be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining 50% shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.

9). Notice of Cancellation or Termination: Prior to commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, Solent Sky Services reserves the right to make the following cancellation/termination charges. Cancellation by the client with less than 48 hours notice may result in up to 50% of total charge minus any deposit paid. Cancellation by the client prior to 48 hours notice may result in a charge being made to cover costs already incurred. Cancellation by the client when the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made. 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.

10). The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Solent Sky Services unless any other written agreement is reached in advance.

11). 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.

12). 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.

13). 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.

14). 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.

15). Solent Sky Services cannot be held liable for loss or damage caused as a result of third party action or failure.

16a) COPYRIGHT & OWNERSHIP: In alignment with UK law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned to Solent Sky Services, Solent Sky Services Ltd assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.

16b) PERMITTED USAGE: In consideration of, and subject to, the final payment of full fees due to Solent Sky Services by the client, Solent Sky Services hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes

16c) 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.

17). 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.

18). 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).

19). Unless otherwise agreed in writing, the client accepts Solent Sky Services’s decisions on creativity within the product(s) or service(s).

20). 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.

21). Payment may be made by bank transfer, cheque or stripe online payment. Bank transfer (BACS) is preferred. BACS and payment information will be issued at the point of invoice.

22). 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.

23). 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.

24). 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.

25). Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of Solent Sky Services Ltd. Any material published that has not been fully paid for, will be copyright-claimed by Solent Sky Services to the publishing platform.

26). 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.

27). If a client takes all footage (or a copies of all footage and material) away from Solent Sky Services – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. Solent Sky Services will then no longer be liable for the footage, and reserves the right to delete all material and footage associated with the project from Solent Sky Services’s media server and hard drives at any point in the future. Unless otherwise agreed, automatic offsite backup of your footage will be for a minimum of 3 months after the final delivery date of your project. After this point your footage may be transferred to our in-house archive RAID system – which is NOT automatically backed up offsite.

28a). Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of Solent Sky Services, and copies will be given over to client at the discretion of Solent Sky Services. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.

28b): 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.

29a). 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.

29b). Once you publish your video into the PUBLIC DOMAIN, it is assumed to be acceptable by you (unless otherwise stated by you) for any talent that feature in your video (including voiceover artists, contributors, actors and presenters) to use and publicise their appearance in your video for the purpose of the talent’s own showreel and marketing use (in whole or part use).

30). If production time is quoted, agreed and subsequently invoiced and paid for – then any unspent production time will be issued as a credit note (at the discretion of Solent Sky Services) for future use. No refunds will be given.

31). 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.

32). Filming and production resolutions are to be agreed and confirmed prior to a quotation being supplied.

34). 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.

35). 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.

36). 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.

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.