Terms and Conditions for Video and Multimedia Production Services
Thanks for choosing Helion Design to bring your video project to life. Below are the terms and conditions that outline how we’ll work together to make it happen.
1. What We Mean By These Terms
Here’s a quick rundown of the key terms we’ll use:
- Us, We, Helion Design: That’s your video production team!
- You, Client: That’s you, the person, company, or organization we’re working with, as named on the Order.
- Contract: The agreement to provide the services outlined in the Specification or Order.
- Specification: The document we share that spells out the details of the service we’ll provide, or any specifics noted on the Order Form.
- Order Form: The document listing the details of your order.
- Input Materials: Any documents, photos, graphics, files, or footage you provide us to create your video.
- Writing: Includes emails or other electronic messages.
- Filming Schedule: Our agreed plan for when and where we’ll be filming.
2. Placing Your Order
2.1 We’ll consider your order officially confirmed once:
- You sign the Order Form, or
- You send us a written go-ahead via email. At that point, you’re agreeing to these terms, and we’re ready to roll!
2.2 We won’t start work until we’ve got your written confirmation and we’ve officially accepted the order.
3. Sharing Your Vision (The Brief)
3.1 We need you to share clear instructions about what you want for your video. This could be:
- A Specification or Order Form we provide, and you approve; or
- Written details you send us. We’ll need to agree on this in writing before we start filming.
3.2 If you want to tweak the plan, just let us know in writing, and we’ll sort it out together.
3.3 Heads-up: Changes might mean extra costs. We’ll let you know upfront, and if you’re happy with the new plan, you’re agreeing to cover those costs.
4. Your Materials
4.1 You’ll provide us with any materials or info we need (as listed in the Order Form) to create your video.
4.2 Please send materials by the requested date and in the format we specify. If they don’t meet our requirements, we might need to decline them or charge extra to fix them up.
4.3 You’re responsible for ensuring the materials you send are accurate. We can’t take responsibility for any errors in what you provide.
4.4 We reserve the right to say no to using any content we find inappropriate, offensive, or that could get us into legal trouble (e.g., copyright issues, defamation, or illegal material).
5. Working with Contributors
5.1 Please make sure any contributors (like interviewees or guests) are ready and available as per our Filming Schedule or as we’ve agreed.
5.2 For location shoots, you’ll need to:
- Give us enough time to set up and film;
- Secure permission for us to film there; and
- Arrange a suitable space for filming, at your cost.
5.3 The filming location should work for us in terms of size, lighting, and sound. If it’s not suitable, we might need to pass, and you’ll need to find another spot.
5.4 If contributors, venues, or permissions fall through, we may need to reschedule or relocate. You’ll cover any reasonable costs we incur, like accommodation, meals, extra hours, transport, or new venue fees.
6. Timing and Schedules
6.1 We’ll do our best to deliver your video on time, but unless we’ve specifically agreed in writing, deadlines aren’t set in stone.
6.2 If we’ve got tight deadlines in writing, we’ll need you to meet your responsibilities (like providing materials) to make it happen. If you don’t, we can’t be held responsible for delays.
6.3 We’ll check in with you before filming or production to nail down the content, dialogue, locations, and schedule.
6.4 We’re not responsible for delays or issues caused by things beyond our control, and we can’t be held liable for missing deadlines.
7. Reviewing and Delivering Your Video
7.1 Once we’ve finished editing (or at key stages, if we think it’s needed), we’ll share a production proof with you.
7.2 You can check out low-quality proofs on our secure online proofing area or via electronic media, if you prefer.
7.3 When you’re happy with the proof, let us know in writing or through our online approval process. That’s your green light for us to finalize the video in the formats listed in the Order.
7.4 If you want major changes that go beyond the original plan, we might need to charge extra. We’ll give you a quote at the time.
7.5 For time-sensitive projects, we’ll let you know when we need your final approval. If we get it late, we can’t guarantee delivery by the agreed date, and we won’t be in breach of our agreement.
7.6 Any changes after you’ve approved the video will come with extra costs. We’ll let you know the costs, and by approving the changes, you’re agreeing to pay them.
8. Payment
8.1 Unless we agree otherwise in writing: – If you’re not an account holder, we’ll need 30% of the total cost upfront, with the remaining 70% due when the project’s done. – We won’t release the final video until we’ve received full payment, at which point it’s all yours. – For account holders, payment is due within 30 days of approving the final video.
8.2 For bigger projects that take over a month, we might ask for an initial non-refundable payment and interim payments, which we’ll agree on when you place the order.
9. Copyright
9.1 Once you’ve paid in full, the copyright for the final video is yours. We also use it as promotional material in part or in full.
9.2 You confirm that: – You have the right to use the content that you have supplied to us; – It doesn’t break any laws, regulations, or third-party rights; and – It follows current censorship, advertising, and broadcasting rules.
9.3 You’re giving us a worldwide, non-exclusive, fully-paid license to use, reproduce, and display the video, including its content, trademarks, and brand features.
10. Ending the Agreement
10.1 If you want to cancel, just let us know in writing. You’ll still need to pay for any work we’ve done or expenses we’ve incurred up to that point.
10.2 We can end the agreement with 14 working days’ written notice, no strings attached.
10.3 We may also end things immediately if you: – Don’t pay on time; – Don’t meet your responsibilities; or – Face bankruptcy, liquidation, or similar financial issues.
11. Ownership
11.1 Any materials you provide stay yours and are at your risk. We’re not responsible for any damage or loss while they’re with us or in transit.
11.2 You own the copyright and intellectual property rights for your Input Materials.
12. Our Responsibility
12.1 Once you’ve approved the video content in writing, we’re not responsible for any errors when it’s published or broadcast.
12.2 We’re not liable for any loss, damage, or injuries while working at your premises or on location. You’ll cover us for any related claims.
12.3 You’ll protect us from any expenses, damages, or losses tied to claims about the video.
12.4 If we can’t deliver the video as agreed, our responsibility is limited to: – Refunding your fee; or – Producing the video later.
12.5 We’re not responsible for issues caused by incomplete, incorrect, or late materials or instructions from you.
12.6 Unless it’s about death or injury due to our negligence, defective products under the Consumer Protection Act 1987, or as stated here, we’re not liable for: – Lost profits; – Indirect or consequential losses; or – Any implied warranties or common law duties. Our total liability won’t exceed what you paid us for the services.
12.7 We don’t guarantee the quality or performance of any website hosting the video and aren’t liable for issues like technical glitches or data loss.
12.8 We’re not responsible for delays or breaches caused by things beyond our control.
13. Keeping Things Confidential
13.1 We’ll both keep any confidential info or materials we share private, unless the law requires disclosure or we both agree otherwise.
13.2 This doesn’t apply to info that’s already public or becomes public through no fault of either of us.
14. Staying in Touch
14.1 All Contract-related communication needs to be in writing, sent by email to the address we’ve shared.
14.2 Notices are considered received 24 hours after sending by email.
15. When Things Go Beyond Our Control
15.1 We’re not responsible if we can’t fulfill the Contract due to things like: – Natural disasters; – Laws or regulations; – War, fire, flood, or drought; – Power outages; – Strikes or supplier issues; or – Problems getting materials.
15.2 If this happens, you can cancel the Contract in writing and pay for work already done, but you’ll need to accept delivery when we’re able to provide it.
16. The Legal Stuff
16.1 If any part of these terms is found invalid by a legal authority, the rest of the terms will still apply.
16.2 These terms, your order, and our Contract are governed by English law, and any disputes will be handled exclusively in English courts.