TERMS AND CONDITIONS
The standard production service includes 1 Consultation (telephone, email or in person), 1 production session (timings are specific to each client) and 1 edit session with 2 rounds of amendments. Any additional amendments after the ‘first round’ and ‘second round’ of amendments will be charged for separately at the standard day rate. It is asked that clients are very specific about the amends they would like and cover in detail all these amendments in an email.
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF MEDIA PRODUCTION FROM TOBY C MARTIN
1. Definitions & General Terms:
In these Terms and Conditions the words ‘Toby C Martin’ ‘TobyCMartin’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Toby C Martin the media producer. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video, photo and associated audio material created by Toby C Martin, including all moving and still images and sound recordings in whatever form.
All communications between Toby C Martin and the Client shall be by telephone, email, Skype or postal mail, except where agreed at Toby C Martin’s discretion. Toby C Martin will always aim to respond to communications within 48 hours of receiving a communication from the client.
2. Pre-production requirements
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final production.
No liability will be accepted by Toby C Martin for and delays or failure to deliver the agreed product if caused by any element, which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a Toby C Martin product, permission must be obtained from the original copyright owner / material provider.
The client undertakes to indemnify Toby C Martin against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
The Client must sign off a full production brief before production work begins.
3. Production and post-production
All works undertaken will be as per Toby C Martin written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at Toby C Martin’s current daily rates.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
Toby C Martin takes Health & Safety matters seriously and Toby C Martin reserves the right in all instances to remove any of production personnel and / or equipment from a location if we deem it to be unsafe or if production crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result.
Toby C Martin will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
Changes: Any changes during production or post production that are different to the agreed invoice or storyboard will be charged for separately at our standard daily rate. It is asked that clients are very specific about the changes they would like and cover in detail all these changes in an email.
Toby C Martin standard video editing service includes 1 consultation (telephone / email or in person), 1 video editing session (timings are specific to each client) and 2 rounds of minor amendments. Any additional changes after the ‘first round’ and ‘second round’ of amendments will be charged for separately at our standard day rate. We ask that clients are very specific about the amendments they would like and cover in detail all these amendments in one email.
Standard video editing process (8 hours):
Project Set-up, Digital Capture & Transcode (2 hours minimum)
Digital Video Editing (4 hours minimum).
Colour Grading / Audio Sampling (1 hour minimum).
Video Export / Upload to YouTube or Send File via WeTransfer (1 hour minimum).
4. Minor amendments: Making minor amendments like adjusting a few of the video clips in the timeline order sequence, swapping a music track or altering a graphic title would be examples of a 'minor amendment'. The exact definition of such shall be considered on a case by case basis at the discretion of Toby C Martin.
5. Major amendments: Making major amendments like majorly changing the running order sequence, adding in additional video footage not filmed by Toby C Martin or asking for the video to be half it’s original length would be examples of a 'major amendment'. The exact definition of such shall be considered on a case by case basis at the discretion of Toby C Martin.
6. Studio editing: This is often the quickest and most cost effective method of video editing. Toby C Martin’s normal work practice is to edit the video into a rough cut and then send over a first draft of the video. Toby C Martin aims to get the video as close to complete as possible - where there are only minor amendments to be made after the first review.
7. Remote editing: Toby C Martin often uses remote editing as a way to edit videos in the editing studio without the client needing to be present. Communicating via telephone and email Toby C Martin can process alterations and then email over the amended video. However, because of the nature of video editing even a small change that might only take 10 minutes to correct can take a few hours to process and get sent back to the client because of the export & upload process depending on the size pf the video file. On average a short 5 minute video will take 1 hour to export and re-upload or email back to the client.
8. Extras: Toby C Martin is happy to accommodate any extras you may want added to your video however these will be charged for separately at Toby C Martin’s standard rate. A typical “extra” would include anything that has not been specified in the initial quote and is not in writing or on a storyboard prior to any video editing starting. A typical 'extra' would be asking for additional video footage or photos to be added to the edit during the video editing process.
9. Adverse weather conditions
In the event of inclement weather which in the opinion of Toby C Martin would pose a risk to health & safety of production personnel or equipment or has the potential to prevent successful media capture, Toby C Martin reserves the right to change the date or time of filming to a more suitable date or time.
10. ‘Client delays’
In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, Toby C Martin reserves the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original production day(s).
11. Changes to the filming schedule
In the event of the Client wishing to change or cancel the filming date Toby C Martin requires a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
12. Equipment substitution
In the event that Toby C Martin experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
13. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. Two sets of amendments will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Our video editing and production facility is available for client viewing and review, and all clients are encouraged to attend personally during editing so that all revisions can be signed off without delay. Subsequent revisions or significant re-edits will be charged for at Toby C Martin’s daily rate.
14. Project duration and delivery
Any indication given by Toby C Martin of a project’s duration is to be considered by the customer to be an estimation. Toby C Martin will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases Toby C Martin’s liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. Toby C Martin will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Toby C Martin asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by Toby C Martin, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Toby C Martin and is protected under UK law.
16. Usage licence – rights to the use of project content
Where the Client provides material to Toby C Martin for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Toby C Martin against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
Toby C Martin retains all rights to the usage of footage captured during the production of any client-commissioned project. As part of Toby C Martin’s media production service, we will grant a time-unlimited licence for use of that media to the Client subject always to the following express condition: Toby C Martin retains all copyright over any content produced. A usage license grants the Client permission to use the content in the state in which Toby C Martin provides it to the Client.
Permission is not granted to re-edit, copy or alter the content in any way. Toby C Martin reserves the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
Toby C Martin assigns to the Client a licence to use the media in its complete delivered form only. Toby C Martin does not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to Toby C Martin from the Client have been received as cleared funds, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the produced material in its delivered form.
Toby C Martin retains the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Toby C Martin and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about Toby C Martin to another party, unless directed by Toby C Martin.
Toby C Martin and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
Toby C Martin reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. Toby C Martin shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
Toby C Martin reserves the right to alter these Terms and Conditions at any time without prior notice. The latest Terms and Conditions can be found at Toby C Martin’s website at https://tobycmartin.com/terms-and-conditions/.
20. Statutory Rights
These Terms and Conditions do not affect your statutory rights as a consumer..
A 50% upfront payment must be made before commencement of production, with the remaining 50% in addition to any and all expenses agreed prior between the client and Toby C Martin to be paid in full upon completion of project. Toby C Martin reserves the right to refuse release of licence should the payment terms not be met unless express written permission is given. Payment terms may be negotiated but will not be held binding unless agreed in writing.
Toby C Martin’s payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms. Toby C Martin reserves the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.
Toby C Martin will exercise the statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if Toby C Martin is not paid according to agreed credit terms.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Toby C Martin reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use Toby C Martin copyright material under this agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
Prices are subject to change without notice and all quoted prices are exempt of VAT.
Toby C Martin reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Toby C Martin reserves the right to remove its work for the Client from the Internet if payments are not received.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Toby C Martin under UK law.