TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS OF SERVICE
DEFINITIONS:
Client: The business, organisation or person who engages Electric Reels to carry out the work of the project, production or video for them.
Project/Production/Video/Goods: The end production, event or video which is ordered and used by the client.
Contract: A written arrangement agreed between Electric Reels and the client in the form of a purchase order, email of agreement or written brief.
Third party: Any company, organisation or person not affiliated with or controlled by Electric Reels or the client.
1). Acceptance of a quotation by the client 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 Electric Reels and the client.
2). All quotes are free and valid for Thirty Days (30) unless otherwise agreed or stated.
3). Costs will be discussed during initial meetings and emails between the client and Electric Reels. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production, other than stated, will be notified, agreed in writing and charged accordingly to the client.
4). Production fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc 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.
5). 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 videos.
6). The client’s requirements must be clearly provided in the form of a written brief to Electric Reels and agreed by all parties, with at least 48 hours notice before commencement of any work.
7). 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, Electric Reels 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 the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made. Electric Reels reserve the right to cancel or terminate a contract if:
a). You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of Electric Reels and anyone connected with Electric Reels could be damaged.
8). The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Electric Reels unless any other written agreement is reached in advance.
9). Any contract requiring Electric Reels 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 Electric Reels, its servants or agents, as necessary.
10). A project will only be publicly released by Electric Reels and the client once both parties (Electric
Reels and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.
11). Electric Reels 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 client will be advised which information was deemed
unsuitable, and requested to amend the information. If the client can show good reason to use the
“unsuitable” information, its inclusion may be considered.
12). Electric Reels 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 Electric Reels, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
13). Electric Reels cannot be held liable for loss or damage caused as a result of third party action or
failure.
14a) COPYRIGHT & OWNERSHIP: In alignment with UK law, when a client asks or commissions
another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work, and not the commissioner or client, unless otherwise agreed in writing.
For productions commissioned to Electric Reels, Electric Reels assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories.
14b) PERMITTED USAGE: In consideration of, and subject to, the final payment of full fees due to
Electric Reels by the client, Electric Reels 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
14c) RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written
permission from Electric Reels. 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.
15). Electric Reels retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of Electric Reels promotional use, unless otherwise agreed in writing with the client.
16). Any confidential or proprietary information which is acquired by Electric Reels from a client,
company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Electric Reels will sign and adhere to the conditions of any Confidentiality
Agreement used by the client. Likewise, the client shall keep confidential any methodologies and
technology used by the Electric Reels to supply of the product(s) or service(s).
17). Unless otherwise agreed in writing, the client accepts Electric Reels decisions on creativity within the product(s) or service(s).
18). PAYMENT: On completion of the work agreed, Electric Reels will issue an itemised invoice. The
Client must make payment in full to Electric Reels by bank transfer or cheque, within Thirty (30) days of receiving the Invoice. All cheques must be made payable to ‘Ben Hull’. Bank transfer (BACS) is
preferred. BACS information will be issued at the point of invoice. Failure to complete payment within 30 days of receipt of the Invoice will result in Electric Reels seeking to recover the funds through the
appropriate legal channels.
19). On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by Electric Reels. Electric Reels reserves the right to quote and charge accordingly, any on going and additional post-production incurred outside of the agreed contract.
RE-MASTERING: Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a £200 re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing quality control.
20). Electric Reels cannot be held liable to any party for any errors on any medium after the client has
agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
21). Any claims must be made in writing to Electric Reels within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
22). Until all payments are made in full, the copyright and ownership of all edits and material shot or
created remains the full copyright and ownership of Electric Reels. Any material published that has not
been fully paid for, will be copyright-claimed by Electric Reels to the publishing platform.
23). Electric Reels reserves the right to watermark and/or make non- downloadable all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
24). If a client takes all footage (or a copies of all footage and material) away from Electric Reels – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client.
Electric Reels will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from Electric Reels media server and hard drives at any point in the future. Unless otherwise agreed, automatic offsite backup of your footage will be for a maximum of 3 months after the final delivery date of your project.
25a). Electronic project files (for editing, motion graphics and other associated audio and visual works)
remain the property of Electric Reels, and copies will be given over to client at the discretion of Electric Reels. Clients can request copies of footage, but this does not mean that project files will be transferred over by default.
25b): SUPPLY OF RUSHES / ALL FOOTAGE FILMED: Rushes (all filmed footage) are not supplied to
the client as standard. Rushes/video files can be supplied for an additional fee of £500 (plus the cost of a hard drive and postage). Rushes can be supplied WITH edit project files / edit timelines for a fee of £750 (plus cost of hard drive and postage), which includes the transfer of Electric Reels intellectual property rights on the timeline sequences.
26). If production time is quoted, agreed and subsequently invoiced and paid for – then any unspent
production time will be issued as a credit note (at the discretion of Electric Reels) for future use. No
refunds will be given.
27). A standard filming day is 8 hours of crew time on-set or at location (including lunch and breaks, but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.
28). Unless otherwise specified, the default filming format and resolution for Electric Reels is 4K
PAL.
29). Electric Reels will not commence work on any project until these terms and conditions have been
agreed by the Client. This can be done electronically, via written email confirmation or signed PDF
document/ purchase order.