The following Terms and Conditions are to provide structure and security to both Modus Film and their clients.
The following Terms and Conditions apply to the provision of any and all services by Modus Film Productions to their clients.
By commissioning Modus Film Productions for any service, clients are agreeing to all Modus Film Production’s terms and conditions in full as set out below.
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, the following expressions mean the following:
2.1 “Business Day”/”Business Days”/”Working Days”
A day (excluding Saturdays) on which banks are generally open for normal banking business to the public in the UK. These days are typically Monday-Friday with exception of bank and other public holidays.
2.2 “The Company”/”Modus”
Modus Film Productions
The individual, firm, organisation or corporation who purchases services from or has services carried out for them by Modus Film Productions.
2.4 “Commencement Date”
The date on which the Client agrees to hire the services of Modus Film Productions.
The service or services provided or to be provided by Modus Film Productions.
2.6 “Company Location”
Modus Film Productions
10 Acorn Close
2.6 “Payment Terms”/”Terms of Payment”
The terms of payment of fees as set out in section 4 of the Terms and Conditions.
2.7 “Agreed Amendments”
Refers to the agreed changes that Modus Film Productions will make to a client’s film as agreed in the film brief at no additional cost to the client.
2.8 “Amendments”/”Additional Amendments”
Refers to the changes that Modus Film Productions have to make to a client’s film in addition to any and all those already agreed in the film brief. Additional amendments to a film incur a cost unless expressly states in writing by Modus Film Productions.
2.9 “Proposal”/”Project Proposal”
Before commencing any services, Modus Film Productions will issue a Project Proposal, detailing Modus Film Production’s proposed services and corresponding costs. A proposal can be verbal, written in the form of email, document, letter or other electronic format such as a Qwilr or a website page.
2.10 “Engagement Day”
A day on which the physical presence of Modus Film Productions is required to provide agreed services to the Client, including but not limited to: shoot days, travel days, recce days, lighting/staging days.
Subject to receipt of required payments, Modus Film Productions shall provide the services to the client as agreed in the Project Overview from the Commencement Date.
Modus Film Productions will issue a Proposal before commencing any services. The proposal is an estimation of required services and costs and while often is accurate, should not be taken as a final quote for a project.
Should the scope of the project change, or for any other reason Modus Film Production’s proposed services should be adjusted, a new quote shall be issued before any additional services outside of those previously-agreed are undertaken.
After the quotation and Proposal has been agreed, Modus Film Productions will begin chargeable work on the project. Modus Film Productions may require a deposit or first-instalment, or a payment for new or amended jobs before any services are carried out. Should this be the case, it will be outlined in the Proposal or quotation.
Modus Film Productions will to the best of their ability, make all reasonable efforts to complete its obligations within the agreed timelines. To ensure Modus Film Productions are able to provide services in the agreed time-frames, clients must provide all required materials and resources needed by Modus Film Productions before or at commencement of the project, and must provide the required resources as requested by Modus Film Productions.
Should the client fail to provide the necessary resources as stated either verbally or in writing as required, any resulting delays in providing the agreed services by Modus Film Productions are not deemed the fault of Modus Film Productions.
Cancellation, or delay of a project after the Commencement Date may result in the Client incurring a fee as covered in Section 5 of the Terms and Conditions.
Modus Film Productions reserve the right to withdraw from any project, product, service or agreement at any time. In any case, Modus Film Productions will make all reasonable attempts to offer the client alternative or substitute services or products, or assist in any other reasonable way as deemed fit by Modus Film Productions.
Hiring of Modus Film Production’s UAV (or Drone) services will be subject to current UK laws. The Company will only supply and allow usage of UAV’s on engagement days by fully qualified, registered pilots. Full documentation for safe, legal usage will be completed in accordance with UK laws. Licenses will be supplied to The Client upon request.
In the event that The Company are unable to complete UAV services due to acts beyond reasonable control i.e. weather, geographical location or system faults The Company will not charge. In cases where pre-payments have been made The Company will refund all charges to The Client within 30 days following the Engagement Day and/ or seek to confirm additional engagement dates.
All payments, unless expressly indicated otherwise in writing by Modus Film Productions are to be paid in Pounds Sterling (Great British Pounds) (GBP) by bank transfer.
Unless expressly permitted by Modus Film Productions in writing, all payments are to be made within 14 days of the issue date of the relevant invoice.
All stages payments to be charged to the client will be detailed in the Proposal or quotation, and are accepted and agreed upon by the client and Modus Film Productions by way of Client’s acceptance of said Proposal or quotation.
Modus Film Productions reserve the right to delay, withdraw from or withhold any services or products offered if payment is not received within 14 days of the relevant invoice issue date as stated in section 4.1 of the Terms and Conditions.
Should Modus Film Productions suspend, withdraw or withhold any services or products due to unpaid fees by the Client or late payment by the Client, Modus Film Productions are not liable for any inconveniences or losses to the client in any form as a result of the suspension, withdrawal or withholding of said products or services.
CANCELLATION, AMENDMENTS AND VARIATION
Should the Client wish to make any change to the project, they must notify Modus Film Productions in writing as soon as possible. Modus Film Productions will take all reasonable steps to accommodate the changes. Should any changes result in the Client incurring additional costs to the discretion of Modus Film Productions, any additional costs will be included in a new quotation or Proposal as outlined in the Terms and Conditions section 3.3. Should the additional charges be required by Modus Film Productions prior to commencement of the amended services, payment must be made to accommodate the changes before Modus Film Productions continues work as outlined in the Terms and Conditions section 3.4. Otherwise, any additional charges will be invoiced at a later stage in the project, or upon project completion.
Should the Client wish to cancel a project, any costs incurred up to the time of cancellation by Modus Film Productions will be chargeable to the Client.
Should the client wish to cancel or change an Engagement Day, as much notice as possible is expected to be given by the Client. Should notice of cancellation or change of an Engagement Day be 8 days or greater, unless Modus Film Productions incurred costs relating to the Engagement Day, no additional fee will be charged to the Client.
Should the client give 7 or less days notice of cancellation or change of an Engagement Day, up to 50% of the project costs to be charged to the client relating to that day may be charged at the discretion of Modus Film Productions.
In the event of circumstances beyond Modus Film Production’s control require cancellation or change to any Engagement Day or in relation to the provision of any services or products, Modus Film Productions will notify the Client immediately.
Expenses included in quotations, emails, verbal agreements or discussion, proposals or other documents with exception of Invoices and Invoice Statements should be considered a guideline quote. Expenses can vary depending on the job and other circumstances and factors. Modus Film Productions will always strive to ensure the brief is fulfilled, should this affect the Proposal quote or other agreed quotations, Modus Film Productions will notify the Client.
In some cases, including current location, notice of additional expenses may be on a limited time-frame. Modus Film Productions will always work towards the brief to deliver exactly what the Client wants. If fulfilment of the brief requires exceeding agreed budgets or quotes, Modus Film Productions will in all situations where possible inform the Client, however if circumstances do not reasonably permit it, Modus Film Productions will not require authorisation of additional expenses up to the value of £250 should the exclusion of the additional expenditure be detrimental to the project at Modus Film production’s discretion.
Any licensed audio or music, any animation, effects or other additional services Modus Film productions purchase as agreed on behalf of the Client will be charged, regardless of if they are used in the final films.
Any and all audio and music licensing is the responsibility of the Client, and Modus Film Productions take no responsibility in arranging licensing unless agreed in the Proposal or other written agreed communication.
Modus Film Productions may terminate agreements immediately if:
The Client is in bread of any of their obligations as outlined in the Terms and Conditions sections 6 and 7;
The Client has entered into liquidation, other than for purposes of corporate amalgamation or reconstruction, whether compulsory or voluntarily or compounds with the Client’s creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of their undertakings or assets;
The Client has become bankrupt or shall be deemed unable to pay their debts as outlined in Section 123 of the Insolvency act of 1986.
In the event of termination, Modus Film Productions will retain any and all sums already paid to it by the Client.
INTELLECTUAL PROPERTY, LIABILITY AND RESPONSIBILITY
Modus Film Production will not be held liable for any liability stemming from the unauthorised use of copyrighted material or registered trademarks, be it criminal or civil. It is the Client’s responsibility to ensure that all assets to be used do not infringe on any intellectual property, or any other rights.
Modus Film Productions will not be held liable for any damages resulting from loss of profit, revenue, contracts or any similar direct loss resulting from any work provided by Modus Film Productions, as all services and films are deemed satisfactory once signed off by the Client.
Modus Film Productions will not be held liable for any damages resulting from loss of profit, revenue, contracts or similar direct loss resulting from any delay in services or finished products provided by Modus Film Productions.
Modus Film Productions gives the Client all and full rights to any edited film upon completion and after Modus Film Productions has received full payment for the project. Modus Film Productions retain the rights of all original footage, and is permitted to use the footage in any way, in any project for profit or otherwise.
Modus Film Productions may use all captured footage, edited or otherwise as promotional and marketing material for itself as it sees fit.
Modus Film Productions will accredit any product as it sees fit unless as agreed otherwise with the Client.
The Client shall and must indemnify Modus Film Productions in full against all damages, costs, claims and expenses suffered by the Client or other parties where applicable stemming from loss or damage of any asset, physical or otherwise, directly or indirectly due to provision of contaminated or corrupted files.
The Client confirms permission for Modus Film Productions Ltd to associate your name and/ or your business name with Modus Film Productions. Approval will be sought for use of any images, logos or biographical details as supplied by The Client, where relevant. The Company will not infringe on any copyright nor portray The Client or any parties associated with The Client in any negative representations. Modus Film Productions Ltd reserves the right to use any finished products for their own marketing/ branding material.
Liability Insurance covers Modus Film Productions Ltd up to the value of £5,000,000 (five million pounds sterling) for any claim or series of related claims, with no limit on the number of claims during the contract period. Evidence of this cover can be provided at The Client’s request.
In the event The Client should claim that the contract has been breached or not fulfilled by The Company or any of their Clients, Venues or other Sub contractors in any way then regardless of the nature of the breach or dispute, the amount claimed by The Client from The Company including any and all damages shall be limited to a maximum amount not in excess of the fees payable on this agreement. Should The Client wish to make a claim in respect of any matter arising from this agreement such claim must be made in writing to Modus Film Productions Limited within seven days of the engagement date. Claims received after this date period will not be considered.
Neither the client nor Modus Film Productions shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.