Terms & Conditions

 

 

  1. Introduction & Definitions
    1. Property Films Ltd (company number: 13095167) whose registered office is at Clyde House, Reform Road, Maidenhead, Berks, SL6 8BY, (“us”, “we”, “our”) is a UK based video production company and we provide videography and photography services to our clients (“you”, “yours”, “You’re”, “client”).
    2. “location” refers to the site, property or address where a service is being carried out.
    3. “media” refers to any video and sound recordings, photographs, and edited digital files produced by Property Films Limited.
    4. “raw data” refers to any video clips shot, photographs taken or audio recorded that is un-touched and its original form after being recorded from the camera/microphone being used, and prior to any editing.
    5. “final edit” refers to any final edited video clip, final image provided, and any raw data sent at the time of delivery (if purchased) as a result of any booked services.
    6. “branding materials” refers to the materials you provide us that represent you or your company, including fonts, branding colours, logos, contact details or specifications of a location to be highlighted in a final edit.
    7. “project confirmation” is a PDF confirmation of a specific project, which details the project, cost and reference/ID.
    8. By placing a booking with us for such services you confirm:
    9. You have read these terms and conditions in full and agree to be bound by them.
    10. You consent to our use of your information in accordance with our privacy policy.
  1. Booking process and contract formation
    1. Once a project confirmation PDF has been sent to you confirming the booking for one of our services in response to an online request or enquiry or acceptance of a quote and instruction to proceed, a contract is formed between you and Property Films Limited.
  2. Money & Deposits
    1. You will pay our invoice(s) in full and by the due date(s) as agreed and all payments will be made in the correct currency (as stated on the invoice(s)) unless otherwise agreed in writing with us.
    2. Interest is added to late payments being charged at 4% annually, above the Bank of England base rate for the period concerned. This is automatically applied to overdue invoices from the day after the due date (the start of the next day UK time), and you agree to pay these additional charges in full.
    3. Any bank transfer fees applied to your transaction to us are to be absorbed/paid your end so that we receive the full payment request amount in its entirety.
  3. Cancellation and amendments
    1. Once a booking for one of our services has been confirmed and a date has been agreed upon to conduct such services, we require 7 days’ notice to cancel for free, unless there is a valid exemption as follows:
      1. Very poor weather on the day of the booking is accepted as a valid exemption, as it is reasonable to suggest that the video or photos we shoot may not be of the same quality. For avoidance of doubt, the only acceptable ‘very poor weather conditions’ are heavy levels of snow and rain (very light snow and rain that does not interfere with our performance is not a valid exemption). Cloudy skies or any lack of sun on the day are not valid weather exemptions.
    2. Should we have to terminate a booking (see “termination” clause), our cancellation policy will take full effect, and any relevant sums will be due.
    3. For contracts that include more than one listing/location which would typically mean the contract would be subject to agreeing multiple dates: a different date for each listing/location for example, we understand some or all dates may not be agreed upon when confirming your order. For avoidance of doubt, when a date is agreed upon for a specific listing/location, the cancellation policy will activate when such a date is agreed upon by both parties.
  4. Rights
    1. Unless permission is denied in writing within 14 days of receiving the Final Edit, the client allows Property Films Limited full permission to display any video, sound or image covered by these terms and conditions for a specific service provided, for promotional and demonstration purposes, including advertising, use on our website, social media and printed media.
  5. Ownership
    1. All original media (video and sound recordings, photographs and edited computer files) will remain the property of Property Films Limited, unless agreed otherwise during the quoting process of a specific project, and/or detailed otherwise on a specific project confirmation PDF. Where Property Films has agreed to provide all original media to the client, full ownership of the media is transferred from Property Films to the client.
    2. Property Films Limited will not be solely responsible for the storage and maintenance of the original and edited media, including video and sounds recordings, photographic and digital files.
    3. Original raw data (non-edited media) is the sole ownership of Property Films Limited and is not intended for client viewing and is not part of the supplied finished package, unless agreed otherwise during the quoting process, and/or detailed within the project confirmation PDF(s). Original material may also be offered to the client free of charge if we are unable to produce the final edited media. Where Property Films has agreed to provide all raw data to the client, full ownership of the data/media is transferred from Property Films to the client.
    4. Property films Limited authorises the recipient/client of the final edit(s), to copy, exhibit, publish and/or distribute the final edit(s) for any lawful purpose.
  1. Coverage & reproductions
    1. Video or photographs taken during the course of the event will be at the discretion of the videographer or photographer, although every effort will be made to comply with the clients’ requirements.
    2. Any restrictions to certain parts of a location that is being filmed or photographed may prevent the videographer/photographer from performing at their best and may result in shots being taken or recorded that would not be a primary choice for the videographer/photographer. This could result in Property Films failing to provide our final edit as we’d like, or at all and it is therefore the sole responsibility of the client to provide such access to prevent such occurrences.
    3. It is the sole responsibility of the client to ensure the location is reasonably setup and ready to be filmed/photographed so that the videographer/photographer has every reasonable opportunity to perform its services.
  2. Editing & post productions
    1. Whilst every effort will be made by the videographer/photographer to supply the client with a satisfactory product based upon Property Films Limited’s advertised style and quality, and to all the specified requirements agreed beforehand, all editing and post-production will be carried out to Property Films Limited’s discretion.
  3. Alterations & corrections
    1. After you have received the final edit, any requests any you for alterations or corrections will be at the sole discretion of Property Films Limited apart from any reasonable exceptions where it is at the fault of Property Films Limited such as:
      1. Spelling mistakes made by us
      2. Incorrect branding materials provided by us on the final edit
      3. Incorrect footage being shown that does not belong to the project in question.
      4. Any other reasonable mistake in the edit, video or sound of the final edit.
    2. It is the sole responsibility of the client to provide the correct branding materials, and it is at the sole discretion of Property Films Limited to perform any alterations or corrections to a final edit upon any request for you to do so.
    3. The client has 14 days from the date of receiving the final edit(s) to make a request for any alteration or correction. Any request made after 14 days will be at the sole discretion of Property Films Limited in any event.
  1. Liability
    1. You agree to indemnify us against any potential claim arising from such situations listed below and the total liability, if any, would be no more than the total cost of the service(s) booked/provided.
      1. In the unlikely event that we lose any footage/materials after the shooting has concluded, we accept no liability for any loss or damages suffered.
      2. Property Films accepts no liability for any loss or damages suffered when we are at a location, and all liability, if any, is applied to the individual carrying out said services.
      3. In the unlikely event that we have to cancel a service that you have booked, we accept no liability for any loss or damages suffered as a result of such cancellation.
      4. We will not be liable to you for any indirect or consequential loss.
      5. We have no liability to provide future copies in full or in part in addition to the first and original final edit(s) of a completed project that has been sent to you.
      6. In the event that you are not satisfied with the final edit, subject to our obligations to provide alterations and corrections (see “alterations and corrections” clause within these terms and conditions), we have no liability to provide a refund in full or in part.
      7. It is the sole responsibility of the client to ensure they have full copyright rights for any branding materials that are provided to us in order for us to perform our obligations and provide the final edit(s), and we accept to liability for any losses, damages or claims made against you in the event that any such copy right rights are not obtained or agreed by yourself from the owner of such branding materials. You agree to indemnify us against any potential claims of copyright breach brought against us in such circumstances.
  1. Termination
    1. In the event that you materially breach any of these obligations in these terms and conditions, we will be entitled to terminate the agreement immediately without the right for any full or part refund for any services booked.
    2. In the event that we materially breach any of these obligations in these terms and conditions, you will be entitled to terminate the agreement immediately with the right for any applicable refund.
  2. Force Majeure
    1. In any of the following events, we will endeavour to reschedule a booked service, but cannot guarantee that any rescheduling will occur.
    2. We will not be in breach of our obligations under these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms and conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control and that could not be anticipated such as but not limited to the following:
      1. In the event the videographer/photographer is unable to attend the location and film/shoot due to illness or injury.
      2. In the event that it is reasonably unsafe for the videographer/photographer to perform its obligations in anyway.
      3. In the event the videographer/photographer suffers equipment failure, or any vital equipment is stolen or lost.
  1. Assignment
    1. Neither these terms and conditions nor any rights or obligations under these terms and conditions may be assigned or licensed by you.
  2. Severance
    1. If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances or the validity or enforcement of these Terms.
  3. Rights of third parties
    1. These Terms will be governed by the laws of England and Wales and the English courts will have exclusive Jurisdiction in relation to any dispute with respect to the subject matter or construction of these Terms.

 

Applicable law and jurisdiction
These Terms will be governed by the laws of England and Wales and the English courts will have exclusive Jurisdiction in relation to any dispute with respect to the subject matter or construction of these Terms.