Film Production – T&C
Full copyright to any finalised film presented to you is yours once payment has been received in full, however Focus-Films retain the right to display the item(s) in any online or offline portfolios, and for the purpose of marketing or advertising our services on or offline. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Focus-Films from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any footage or artwork we produce for the purposes of promoting our services unless you request otherwise in writing.
Unless agreed otherwise in writing, 50% of the invoice as a deposit must be paid after terms of contract are agreed and at least 14 days prior to commencement of work. The remaining 50% shall be payable on completion of the video or multimedia project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
For invoices over £1000 sterling Focus-Films will issue an invoice for payment as each sum becomes due, to be paid within 14 days of the date of that invoice. For invoices under £1000 sterling Focus-Films may require payment upon completion of transfer of goods or services to the purchaser.
Focus-Films fees shall be exclusive of disbursements and expense items related to the agreed film brief, such as postage, colour photocopying, disk 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.
If payment is not received within 14 days of the invoice date, Focus-Films will automatically charge interest at a rate of £25 per week, which will be added to the customer’s account. Payment may be made by bank transfer, cheque or cash. All cheques must be made payable to James Glen
The customer’s requirements must be clearly provided to Focus-Films in writing before commencement of work and subject only to one set of minor alterations thereafter. Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement.
A video project will only be publicly released by Focus-Films once the customer approves all content as complete and satisfactory and confirms this in writing.
A customer may terminate the contract at any time by written notice of termination. When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Focus-Films unless any other written agreement is reached in advance.
Any monies (excluding the deposit) held on account and unused will be returned subject to an administration fee.
Focus-Films 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 libelous, defamatory or illegal.
Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information, its inclusion may be considered.
Focus-Films cannot be held liable for loss or damage caused as a result of third party action or failure. Focus-Films cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Focus-Films 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 Focus-Films, elect to terminate the contract and pay for work done and materials used.
Focus-Films will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client. Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs. 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.
Any contract requiring Focus-Films 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 Focus-Films, its servants or agents, as necessary.