Shuut Ltd General Terms and Conditions of Service
1) Clients will be offered a free-of-charge, no-obligations consultation meeting in order to learn the scope, scale and content of the video project. If long journeys are involved, Shuut Ltd reserves the right to charge the client for any travel and accommodation costs incurred.
2) Shuut Ltd will issue a quotation once the full scope, scale, method and content of the video project has been agreed. 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 Shuut Ltd and the Client.
3) If a project requires additional content (not already outlined in the quote), any additional costs to the production will be notified, agreed in writing (including email) and charged accordingly to the client.
4) The Copyright of all material that has been captured by Shuut Ltd is solely owned by Shuut Ltd and protected under the law of England and Wales. All material filmed for the project remains the property of Shuut Ltd under authorship copyright – referred to as the ‘first owner of copyright’ under the 1988 Copyright, Designs and Patents Act.
Shuut Ltd reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes, unless otherwise agreed with the client.
5) Copyright (material provided by client)
In the event of the Client providing material (video, audio, files, photographs, logos etc) for inclusion in the production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Shuut Ltd to use this material the copyright must be explicitly transferred to Shuut Ltd and the client will have to indemnify Shuut Ltd against any future possible claims, disputes, expenses or similar that may arise from a third party concerning usage of such material.
6) Performers/Contributors Release Usage
In order for Shuut Ltd to be compliant with GDPR regulations, we require all filmed contributors to sign a consent form. Shuut Ltd also recommends that the Clients use and enforce their own Performers/Contributor Release Forms for anyone who is to be filmed for the video project. If a performer or contributor subsequently withdraws permission or indeed did not give written consent in the first instance, Shuut Ltd will not be liable for the time and cost of any re-filming or editing.
7) Bad weather
In the event of bad weather e.g. rain, high winds etc, Shuut Ltd reserves the right to postpone the date of filming to a more suitable day. This is so that the safety of our equipment and personnel is not compromised.
In the unfortunate event of illness among our filming crew, Shuut Ltd reserves the right to postpone the date of filming. Shuut Ltd is not liable for any costs incurred by the client as a result of postponing filming.
9) Aborting filming (on the day of filming) or having to schedule extra filming time.
We will have agreed in advance of filming what the Client needs to have done in terms of organising the filming schedule e.g. arranging interviewees to be in location and ready for filming at a certain time, and any other aspects of filming which are not within Shuut Ltd control. In the event of filming being delayed or cancelled due to a lack of organisation from the Client, Shuut Ltd reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
10) Changing filming dates.
In the event of the Client wishing to change the filming date we would like a minimum of 1 weeks notice. If sufficient notice is not given, this may result in the Client becoming liable for the costs incurred.
11) Health and Safety
In all instances, Shuut Ltd will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
The client must make Shuut Ltd aware of it’s site safety rules in advance of filming.
12) Equipment substitution / failure
In the unlikely event that Shuut Ltd experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew.
No further claims or liability will be accepted.
13) Client approval / amendments of draft footage
On the majority of projects, Shuut Ltd and the Client, will have agreed the full content with a script or detailed briefing document. Once the video has been edited, a draft version will be forwarded to the Client for their review. Unless otherwise agreed, this draft may receive one set of minor revisions only, which is included in the original agreed cost. If there are a number of people who will be reviewing the draft, it is the client’s responsibility to collate any suggested changes to feed back to Shuut Ltd. Subsequent revisions thereafter or a major re-edit will incur an additional charge.
14) Payment terms
Our payment terms are 7 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Shuut Ltd reserves the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme.
15) 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, Shuut Ltd 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 production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made. Shuut Ltd reserves the right to cancel or terminate a contract if:
i) The reputation of Shuut Ltd and anyone connected with Shuut Ltd could be damaged.
ii) You or the organisation becomes financially untenable, insolvent or subject to bankruptcy proceedings.
iii) We’re asked to produce a product that is ethically, morally and intellectually against our principles/core values.
16) Works specified (as per estimate)
All works undertaken will be as per Shuut Ltd’s written quotation provided by email. The Client is obliged to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates which will be detailed in the written quotation.
17) Clear access for filming
If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Shuut Ltd has clear access to all relevant locations required throughout the day. Delays in filming as a result of access not being clear may incur additional charges.
18) Shuut Ltd cannot be held liable for loss or damage caused as a result of third party action or failure.
19)a. Permitted Usage: In consideration and subject to, the final payment of full fees due to Shuut Ltd by the client, Shuut Ltd 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
19)b. Restrictions on Use: The client may not resell, relicense, redistribute without express written permission from Shuut Ltd. 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.
20) Governing law and jurisdiction
20.1 This agreement 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) are governed by, and construed in accordance with, the law of England and Wales.
20.2 Each party irrevocably agrees that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this agreement or its subject matter or formation (including non-contractual disputes or claims).
21) Limitation of Liability
In the event that Shuut Ltd accepts some responsibility for a project not being completed, our liability is limited solely to repayment of any monies already paid by the client to Shuut Ltd for the specific video in question. Shuut Ltd is not liable for any additional costs incurred by the Client e.g. room hire, contributor fees, lost time. All Terms and Conditions stated within this document override any Terms and Conditions from the Client.