Terms of service
1. Basis of contract
The Contractor shall provide media creation services and The Client shall buy on the basis of these terms and conditions to the exclusion of any other agreement. Any variation must be agreed in writing between all parties. If any provision is held to be invalid by a competent authority, this should not invalidate other terms in this agreement. The contract shall be governed by the Laws of England & Wales.
2. Boutique Production Services: Price and payment
Unless otherwise stated the price is fixed to the payment schedule in contract. Payment is to be made in line with agreed payment schedule. Price quoted is based on estimated schedule of works. Final costs may be subject to change if work undertaken deviates from quoted services. Payment is due within 30 days of invoice date. Deposits must be paid before the first date of production, including if this falls before 30 days of invoice date. Interest due on late payments at 0.17% per day above Bank of England base rate until payment is made.
3. Cancellation
Orders may not be cancelled without the acceptance in writing of The Contractor. Up to a fortnight in advance, re-scheduling due to poor weather will not incur cancellation fees, providing no associated costs have been incurred at that point in time. Our cancellation policy follows the events industry standard notice period: up to 14 days before the event: 50% of fee due. 13 to 2 days before the event: 75% of fee due. Day of event: 100% of fee due. This reflects the lost opportunity for other bookings, as well as costs already incurred.
4. Copyright
4.1 The Client and its licensors shall retain ownership of all Intellectual Property Rights in the Client Materials. The Client grants to the Contractor a non-exclusive, royalty-free, non-transferable licence to use, copy and modify the Client Materials during the Term for the sole purpose of providing the Services to the Client in accordance with this agreement. The Contractor cannot sublicense the Client Materials to any third without the Client’s prior written consent.
4.2 The Contractor assigns to the Client, with full title guarantee, all Intellectual Property Rights in the Deliverables upon the Contractor’s receipt in full of all fees and expenses due under this Agreement (fig 9). Until such payment is received, all Intellectual Property Rights in the Deliverables shall remain vested in the Contractor.
4.3 The Contractor shall not include in the Deliverables any materials or content containing Intellectual Property Rights (either owned by itself or a third party) that cannot be assigned to the Client under 4.2.
4.4 The Contractor shall, to the maximum extent permitted by law, obtain waivers of all moral rights in the Deliverables to which any person is now, or may at any future time be, entitled to under the Copyright, Designs and Patents Act 1988 as amended from time to time or under any similar legislation from time to time in force anywhere in the world.
4.5 The Contractor shall, promptly at the Client’s request, do (or procure to be done) all further acts and things and execute (or procure the execution of) all other documents as the Client may from time to time require for the purpose of securing for the Client all right, title and interest in and to the Intellectual Property Rights assigned to the Client under this agreement.
4.6 The Client grants the Contractor a non-exclusive, royalty-free, non-transferable licence:
(a) during the term of this agreement to use, copy and modify the Client Materials to create the Deliverables; and
(b) for a period of 48 months after delivery, to use the Deliverables within its own marketing, case studies and portfolios.
4.7 The Contractor requests in good faith that the Client chooses to engage with the Contractor for any further works to the rushes captured for this project.
4.8 For the purpose of this clause, the following capitalised terms shall be assigned the following definitions:
Client Materials means all documents, information, items and materials in any form (whether owned by the Client or a third party), which are provided by the Client to the Contractor in connection with the Services.
Deliverables means all documents, imagery, videos, copy, products, designs, reports and other materials, output or items of any kind provided or to be provided as part of or in connection with the Services, including any deliverables specified in this agreement.
Intellectual Property Rights means copyright and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, or to claim priority from, those rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
5. Risk & Title
Risk will pass to The Client when the project has been delivered as specified in contract, or The Client has been notified that the project is ready for delivery. Title and Copyright will remain with The Contractor until full payment is received.
6. Storage of recorded media
The Contractor will store rushes (RAW files) for this project in a RAID NAS device & Cloud backup, for 12 months from the date of project completion, free of charge. After this time, The Client will be notified to choose between either: having rushes shipped to them via hard drive at cost, or agree an ongoing storage or working relationship with the Contractor. Completed deliverables will be stored indefinitely by the Contractor. Project edit files (.DRP / .PS / .PRPRO) will not be shared without an additional agreement in place.
7. Quotations
Quotations are a guide only. Costs subject to change with brief. Quotes are valid for 30 days. Rates subject to change quarterly. Please speak to your contact for further clarification on any figures quoted. Final costs may be subject to change if work undertaken deviates from quoted services. Payment is due within 30 days of invoice date. Interest due on late payments at 0.17% per day until payment is made. Lamplight Media is a trading name of Lamplight Media Ltd (14187597). Registered Address: 2 Claridge Court, Lower Kings Road, Berkhamsted, HP4 2AF.
8. Boutique Production Services: Working Hours
A ‘full day’ is an 8hr production day, not including lunch & travel. An unpaid minimum 30-minute lunch break will be taken. Longer than 8hr production days are available on request. Working hours over the agreed will incur an overtime surcharge of 1.5x.
A ‘half day’ is a 4hr production day, not including travel. Any day scheduled over 4hrs is classified as a ‘full day.’ Working hours over the agreed will incur an overtime surcharge of 1.5x above the hourly rate.
Weekend production dates incur a surcharge of 1.2x above the hourly rate.
Content Works Additional T&C
*Growth Guarantee - see here.
**Referral Scheme applies only to 'Content Works: For You' 6 month or greater service plans. Maximum renewal bonus 6 months. We reserve the right to end this renewal scheme at any time.
***Renewal Scheme applies only to 'Content Works: For You' 6 month or greater service plans. Maximum renewal bonus 6 months. We reserve the right to end this renewal scheme at any time.