Terms & conditions
- Film4U TV is a brand owned by Sarum Media Group Limited ("SMG"). SMG will provide film and online media services ("Services") to its clients ("you") subject to these terms and conditions.
- Your requirements in relation to any film and online media project ("Project"), including the Services and any deliverable(s) to be produced by SMG ("Final Product") must be clearly provided in writing before commencement of work. Any subsequent changes must be requested in writing and then approved by SMG and may incur further cost. E-mail correspondence will be sufficient to prove changes to agreements for the form and content of a Project as long as it is acknowledged with a response.
- SMG will not commence the Services until a signed purchase order detailing the Project, the Services and the Final Product has been signed by you and accepted by SMG. The Services will be provided in accordance with the purchase order, subject to these terms and conditions.
- You will supply SMG, within sufficient time and at your own expense, all such information and materials as are to be provided by you relating to the Project and the Services and/or as SMG may reasonably request to enable SMG to carry out the Services and You will ensure the accuracy of all such materials.
- SMG will have no liability for any loss, damage, costs, expenses or other claims arising as a result of You providing SMG with materials or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, in the wrong form, or arising from their late or non-arrival, or any other fault of Yours.
- You grant to SMG a non-exclusive licence to use any materials supplied by You for the purpose of providing the Services and warrant that such materials and their use by SMG for such purpose will not infringe the copyright or other rights of any third party.
- Subject to clause 6, SMG warrants that the Final Product and its use by You will not infringe the copyright or other rights of any third party.
- Whilst SMG will make every effort to complete delivery to you of the Final Product within agreed timescales, time will not be of the essence unless specifically agreed in writing between us, in which case You will make Yourself reasonably available to communicate with SMG and SMG will not be liable for any delay or failure to meet any deadline as a result of You so failing. The Final Product will be at Your risk from the time of delivery.
- Any claims must be made in writing to SMG within 7 days of receipt of the Final Product. If no claim is made within this period you are deemed to have accepted the Final Product at the agreed price.
- Where You are dealing under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these terms and conditions.
- The property and any copyright or other intellectual property rights in any input materials will belong to You. On delivery, copyright in the Final Product will remain with SMG unless agreed otherwise in writing. For the avoidance of doubt, SMG will have the non-exclusive right to use all approved footage (excluding any non-transferable third party material) for its own promotional purposes.
- SMG reserves the right to refuse to use, incorporate, publish or release any materials or other information or materials provided by You in or in connection with the Project which are or which SMG considers to be obscene or morally unsuitable, libellous, defamatory or illegal or which breach or SMG considers are likely to breach copyright or other intellectual property rights of any third party.
- Any confidential or proprietary information, materials or documents which are acquired by either party from the other will not be used or disclosed to any person or entity, except when required to do so by law or with the agreement of the other but the foregoing will not apply to any information, materials or documents which are public knowledge at the time they are acquired by either party, and will cease to apply if at any future time they become public knowledge through no fault of the other party.
- The contract price is set in the purchase order. 25% of the contract price is payable by You, together with VAT, on the placing of an order and the final 75%, together with VAT, on delivery of the Final Project by SMG. Where a Project is likely to be for an extended period of time longer than two months, SMG at its sole disgression may vary these terms of payment. In addition, SMG will be entitled to charge any additional sums which, in its sole discretion, are required as a result of Your instructions or lack of instructions, the inaccuracy of any materials supplied by You, or other cause attributable to You. If payment is not made on the due date, SMG will be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after judgment) at the rate of 5% above base rate of Barclays Bank plc from the due date until the outstanding amount is paid in full.
- The Final Product will be delivered and ownership of the Final Product will pass to you once all sums due to SMG in respect of the Final Product and all other sums which are or which become due to SMG from you on any account have been received and cleared. Payment will be by bank transfer or cheque. All cheques must be made payable to SMG.
- You are responsible for all reasonable expenses incurred by SMG during all stages of provision of the Services including but without limitation: transport, food, accommodation, equipment hire, communication costs and media.
- Except in respect of death or personal injury caused by the negligence of SMG, or liability for defective products under the Consumer Protection Act 1987, or as expressly provided in these terms and conditions, SMG shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of SMG, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you, and the entire liability of SMG under or in connection with the contract will not exceed the amount of SMG's charges for the provision of the Services, except as expressly provided in these terms and conditions.
- You may terminate the contract at any time by written notice. In the event that You terminate the contract, You will remain liable to pay in full for all work undertaken and/or in progress by SMG at the date of termination (but unpaid) or for which SMG has incurred financial commitments that cannot be cancelled (and whether or not the Project is at that stage completed), unless any other written agreement is reached in advance.
- SMG may terminate the contract by written notice if You fail to make punctual payment of any sums due or to observe any obligations under the contract or if You become bankrupt or go into liquidation or make a voluntary arrangement with Your creditors or have a receiver or administrator appointed.
- SMG will not be liable to You or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of SMG's obligations in relation to the Services, if the delay or failure was due to any cause beyond SMG reasonable control.
- All communications about the contract must be in writing and delivered by hand or sent by pre-paid first class post, fax or e-mail to the address or e-mail address of the other party notified by it. Notice will be deemed received when delivered or 2 days after posting or at the time of fax transmission or 24 hours after the e-mail is sent.
- The parties do not intend that any terms of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- The contract will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.