This website is owned and maintained by VideoFirst Ltd (VideoFirst).
Our registered office is at 85 Great Portland Street, London, England. W1W 7LT.
We trade as VideoFirst and for simplicity, we may / will refer to ourselves as we, our, us, VideoFirst.com and VideoFirst throughout.
This page (together with the documents referred to on it) tells you the terms of supply on which we provide the services (services) listed from time to time on this website.
Please read these terms of supply carefully and ensure that you understand them fully before using the services on our site or ordering from us.
- Unless agreed otherwise in writing, 50% of the agreed fee must be paid as a deposit upon the agreement of terms and prior to the commencement of the project (and at least 14 days prior to the commencement of any work). 25% of the fee shall be payable upon completion of filming (or upon the sign-off on creative / artwork, where no filming is required e.g. animation projects). The final 25% balance will be paid prior to supply to the client. In relation to specific contracts, these figures or terms may be varied as set out in the respective statement of work (SOW) or contracts.
- For invoices over £500, we will issue an invoice for payment as each sum becomes due, to be paid within the agreed number of days of the date of that invoice.
- For invoices under £500, we may require payment upon completion of the transfer of goods or services to the purchaser.
- Our fees shall be exclusive of taxes, disbursements and expense items related to the agreed programme such as courier services, postage, photocopying, photography, prints, media duplications, creation of audio and video streaming files, travel, accommodation, subsistence, talent fees, location fees, clearance charges, card transaction charges and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
- If payment is not received within the agreed amount of time of the invoice date, we will automatically charge interest at a rate of 8.5% per annum, which will be added to the customer’s account (calculated daily from the date the invoice was due for payment). We also reserve the right to enforce a late payment charge in line with current UK legislation and charge for all costs, legal or otherwise associated with the recovery of monies due before content or copyright is released.
- Domestic payment should be made by BACS, CHAPS or cash. International payments must be made in advance by IBAN transfer. We do not accept payment by cheque. Debit and credit card payments attract a 3% surcharge. American Express card payments attract a 4% surcharge. Online card payments and direct debit payments can be made online HERE. You should not assume that cleared funds have been received until notified by our accounts department as all banks and merchants process payments in different ways and timescales.
- The customer’s requirements must be clearly provided to us in writing before commencement of work and subject only to one set of minor alterations thereafter.
- We will produce deliverables for client inspection in accordance with and by the due date specified in the relevant project schedule and/or confirmation of assignment or by the time otherwise agreed in writing. The client will be required to communicate approval or amendments within 7 days of supply of the link or other deliverable(s). Acceptance or amendment requests must be notified in writing by the client. If the client fails to provide acceptance or amendments within 7 working days from the supply of the link (or other), then we will deem acceptance of materials and/or completion of the project by the client and all outstanding fees will be due by immediate return.
- If any project runs past the agreed due date (unless expressly agreed in writing by both parties), then all balance payments will be due immediately. For the avoidance of doubt, projects subject to agreed payment schedules shall adhere to the schedule of payments rather than delivery / due dates documented.
- Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement or an additional charge as per our current rate-card.
- A video will only be publicly released by us once the customer approves all content as complete and satisfactory and confirms this in writing (email acceptable). Payment in full must also have been made.
- A customer may terminate the contract at any time by written notice of termination giving a minimum of 10 working days notice. Weekends and official UK holidays do not count.
- When a customer terminates the contract, they will remain liable to pay in full for all committed future costs and work undertaken and in progress up to the date that the written cancellation is received unless any other written agreement is reached in advance. All written communication must be sent by registered post to our registered office address which is VideoFirst Ltd., 85 Great Portland Street, London, W1W 7LT. We reserve the right to charge up to 50% of the total agreed production fee if the cancellation is made within 7 days of the shoot or production deadline (whichever is soonest).
- Any monies (excluding the deposit) held on account (and unused) or overpayments received in error (or otherwise) may be returned subject to a 15% administration charge plus any credit or debit card charges or processing and transaction fees that have been incurred.
- In the event of non-payment, the ownership of all copyright and materials supplied (digitally or otherwise) will remain the property of VideoFirst and may not be used by the client or any third party. All goods (digital or otherwise) must be returned upon request. In the event that initial, part or deposit payment was made by credit or debit card you agree that we reserve the right to charge unpaid or outstanding amounts to your debit or credit card and you authorise us to do this in your absence and without additional consent. In the event that we hold a current direct debit mandate the client also agrees that we may issue a direct debit request to the issuing bank in your absence for the amount outstanding. For international clients, these actions carry an additional administration charge of £100.
- In consideration of, and subject to, the final payment of full fees due to us by the client, VideoFirst hereby assigns to the client with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content unless expressly previously agreed in writing between both parties.
- We reserve 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 libellous, defamatory or illegal.
- Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the unsuitable information, inclusion may be considered.
- We cannot be held liable for loss or damage caused as a result of client error, third party action (legal or otherwise), natural causes, specifically the weather, acts of God or terrorism.
- The client shall provide appropriate security and arrangements for any filming outside of the United Kingdom for which we provide crew or equipment. Such arrangements shall be notified to us in writing in advance of travel to that jurisdiction.
- We cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
- Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
- 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.
- If after project completion and/or project handover the client requires additional amendments, new project revisions or duplicate deliverables a new contract will be entered into and an estimate will be provided for the work at the time of the request.
- Email correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
- VideoFirst will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
- Any confidential or proprietary information which is acquired by VideoFirst 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, VideoFirst will consider agreeing to the conditions of a confidentiality agreement supplied by the client.
- Any contract requiring VideoFirst to work to specific deadlines provided or to extend deadlines within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with VideoFirst (its staff or agents) as necessary.
- Our normal office hours are 9.00 a.m. to 6.00 p.m. GMT / BST. Monday to Friday.
- Any claims must be made in writing to VideoFirst within 72 hours 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.
- Should the customer have cause to make any complaint about service or programmes the complaint, if put in writing, will be acknowledged by VideoFirst within 14 days and a detailed reply will be issued to the customer within a further 28 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to us.
- VideoFirst 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 us, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
- We reserve the right to update or amend these terms at any time.