Terms and Conditions
Engagement of work
Acceptance of the quotation by either verbal or written agreement to Motion House Digital or any of it's representatives will form the contract of work between Motion House Digital and the client for the services and/or products detailed in the quotation. Work will not begin until acceptance has been received.
Payments
Invoices are normally generated on completion of the project and must be settled within twenty-eight days of receipt. For new clients and certain projects Motion House Digital Ltd may, decide to operate a payment structure whereby forty percent of the total budget will be payable on engagement of work with the final sixty percent payable on acceptance of the completed project. Motion House Digital Ltd reserve the right to set a Long-Stop Date where a project's Completion Date cannot be reasonably determined.
Cancellation
A client may terminate the work at any time by giving notice, either written or verbal to Motion House Digital Ltd or any of it's representatives. The following cancellation charges will apply: 24 hours before filming: 100% of quotation cost. 72 hours before filming: 50% of quotation cost. At any time: the client will be responsible for all Motion House Digital expenses in relation to supplying the contract services. Changes to filming dates are subject to crew and equipment availability.
Motion House Digital Ltd shall be under no liability if unable to carry out any provision of the work detailed in the quotation for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, adverse or unsuitable weather conditions, 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 work. During the continuance of such a contingency the client may, by written notice to Motion House Digital Ltd, elect to terminate the work and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Insurance
Motion House Digital Ltd has insurance cover for £5M (Five million pounds) Public Liability, and £10M (Ten million pounds) Employer's Liability. There is no cover for production liability, this means should the master videotape or electronic media file become, lost, damaged or unreadable while in the possession of Motion House Digital Ltd and the filming is required to be carried out again, the said company shall only be liable for their own expenses to carry out the work listed in the quotation. Motion House Digital Ltd will not be liable for any client costs or third party costs or expenses in relation to carrying out the work detailed in the quotation.
Intellectual Property Rights (IPR)
Unless otherwise stated or communicated by Motion House Digital Ltd, the Intellectual Property Rights for the project will automatically pass to the client once full payment has been cleared. In projects that include music, publishers restrictions and copyright may apply. It is the IPR owners responsibility to check with Motion House digital Ltd before publishing/editing or making changes to the work. In all cases Motion House Digital Ltd reserve the right to use selected parts of the completed project for the purposes of promoting Motion House Digital Ltd through various methods including their website, showreel and printed matter. In doing so, client confidentiality will always be observed.
Archiving - Storage
Included in the Quotation: We will keep the master camera tapes and all electronic data on our system in full for a period of 3 months from delivery of final version. This will allow re-edits (if required) on a time/materials basis without starting the post production process from scratch. Between months 4 to 12 a compressed version of the final version and graphic files will be kept, all other rushes will be deleted from the system. The original camera tapes can be kept at our premises at the client's risk or returned to the client. After 12 months all files will be deleted from our system.
Code Of Practice
We work to a high professional standard, additionally as members of The International Visual Communication Association (ivca.org) we also adhere to an agreement to work within an ethical code of practice set out by the association.
Miscellaneous
Motion House Digital Ltd 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.
Motion House Digital Ltd cannot be held liable to any party for any errors on any medium after the customer has agreed the content is correct and accurate and should be posted, published or broadcast Any confidential or proprietary information which is acquired by Motion House Digital Ltd 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, Motion House Digital Ltd will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
Motion House Digital Ltd reserves the right to review and to revise these Terms without prior notice
These Terms supersede all previous terms of business.
These Terms shall be governed by and construed in accordance with the laws of England and Wales.