Terms and Conditions
These terms & conditions supercede all previous terms & conditions of Flame Media Limited. All terms & conditions contained in any other document or issued by other persons are invalid unless specifically agreed in writing by Flame Media Limited. No statement, description or condition, specific or implied, contained in any document, advertisement or other communication medium, whether verbal or written, for or on behalf of Flame Media Limited, shall imply any warranty or in any way enlarge, vary or override these conditions, unless specifically confirmed to do so, in writing by Flame Media Limited.
1.1 In these Terms and Conditions the words ‘Flame Media Limited’ ‘company’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Flame Media Limited Ltd, a UK registered limited liability company. The words ‘client’ and ‘customer’ refer to the party who commissioned the work and any person or organisation acting on their behalf.
1.2 These Terms and Conditions apply to all video, audio, animation and associated products created by Flame Media Limited, including all moving and still images and sound recordings of whatever form.
1.3 The term "goods or services" refers to any goods, property or equipment owned by, or under contract to the company and supplied to the customer under a specific contract or agreement, or as a consequence of any other contract or agreement. The term also refers to services provided by the company, or its authorised officers, whether at the premises of the company or elsewhere, under a specific contract or agreement to provide such services, or as a consequence of any other contract or agreement.
1.4 A contract is formed between a client and Flame Media Limited when an order is received. An order may be in written, verbal or electronic form. A Purchase Order, or PO is often the preferred choice to comply with the customer’s internal procurement procedures.
2.1 Flame Media Limited Ltd agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to these terms and conditions.
2.2 Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
3.1 The current prices for goods or services quoted, supersede all previous published or quoted prices and are valid for 30 days unless otherwise stated. Any published prices are subject to alteration by the company at any time and without prior notice.
3.2 All prices for goods or services quoted or published by the company are exclusive of VAT and any other taxes which, where applicable, are payable to the company in addition to the published or quoted rate.
3.3 We commit to fulfil any invoices issued to us within 30 days of receipt. Credit payment terms for our customers are also strictly thirty calendar days from the date of invoice.
3.4 A working day for the purposes of any contract with the company that includes the provision of staff is deemed to be of eight hours duration, with breaks, unless agreed otherwise and confirmed in writing by the company. Any time provided over that advised on the booking confirmation may be charged as supplementary, at the company rate for that service.
3.5 The Company shall issue an invoice to the Customer in respect of products or services supplied. Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
3.6 We reserve 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.
3.7 We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
3.8 The Client shall be responsible for all collection or legal fees necessitated by late or default in payment.
3.9 Flame Media Limited Ltd 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. This includes any and all outstanding additional costs, taxes, expenses, fees, charges or the costs of administration of changes.
3.10 The Company will re-charge out-of-pocket expenses incurred in providing the product(s) or service(s). These may include (but are not limited to) travel, subsistence, accommodation, costs for stock footage and media assets. Flame Media Limited shall seek agreement where possible before costs are incurred.
3.11 Terms of payment
Invoicing for budgets under £10,000 will be as follows:
50% of the total cost of production on order
50% on completion of the programme
Invoicing for budgets over £10,000 will be as follows:
One third on order
One third after filming
One third on completion.
4.1 Flame Media Limited will use agile project management techniques to ensure the project is delivered to time and budget and agree key milestones when work commences.
4.2 Flame Media Limited will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the customer.
4.3 We assume that the customer has agreed all necessary governance internally around decision making and sign off, to ensure swift approvals, with co-ordinated feedback.
4.4 Our costs are based on 2 rounds of customer feedback. The first cut (then feedback) followed by a second cut (final feedback). The final cut will then be delivered incorporating all agreed changes in a mastered form. Customers will be advised if changes are likely to incur additional costs.
4.5 In the event of filming being delayed or aborted for reasons beyond our control, we will right re-schedule filming and charge for any additional costs which may arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
5.1 Bookings may be cancelled or amended without charge: a) 4 weeks ahead of scheduled filming b) before work commences c) or any costs have been incurred on the project.
5.2 In the event the customer needs to cancel an order outside of the conditions in 5.1, Flame Media Limited will calculate the time and materials costs on the project to date, based on their standard rate card. The customer will be liable for these charges in full.
5.3 Bookings cancelled or significantly amended within the conditions set out in 5.1, will be liable for 25% of the quoted rate.
5.4 The company reserves the right to terminate at any time, and without explanation or recourse, any agreement for the supply of goods or services, if in its sole opinion there is, or is likely to be, a breach of any of these conditions.
6.1 Flame Media Limited Ltd carries Public Liability insurance cover of £2m. A copy of our insurance certificate can be provided on receipt of a request.
6.2 Extended or upgraded specific project insurance cover can be provided. This should be agreed at the time of booking and included in the production brief. Examples of additional insurance could include insurance for production loss, or working overseas etc.
7 Health and Safety
7.1 The company and customer will act in accordance with all relevant safety requirements in order to provide the product(s) or service(s).
8 Data Protection and Retention
8.1 The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product(s) or service(s) – and that such recording and subsequent use is in compliance with Data Protection and European GDPR legislation.
8.2 Any recorded materials will be stored on our servers for the duration of the project. Access to this information is security restricted to trusted and trained personnel. None of the information on our systems will be structured in a way which will allow ready access to information about individuals.
8.3 Owing to the large size of video and audio materials, unless otherwise agreed, all materials will be stored and accessible on our front-line media servers for 6 months from the date of sign off, after which they will be deep stored in our digital archive for a minimum of 3 years. Customers should be aware that no guarantees can be made in respect of recovering or being able to restore deep-stored materials.
8.4 Customers may request a digital copy of the rushes only, which may incur a small charge depending on the storage medium used. Customers will not be permitted access to any creative works, project files (as detailed in Copyright, Section 10) unless a specific buyout has been agreed.
8.5 Customers may be charged to recover deep stored materials, unless they are to be used as part of another commission.
8.6 The customer is the data owner and controller of all personal information acquired as part of the provision of the good(s) or service(s). Flame Media Limited is the data handler, and may require access to certain information about individuals (contact details etc) for the purposes of the project. These shall remain confidential and destroyed on completion.
9.1 The company handles and stores all media (e.g. film, tapes, hard disks, media cards or similar) on the express condition that it's liability for all such media does not exceed the replacement cost of new, unused media of a similar specification.
9.2 The company can accept no liability for any financial loss, loss of profit, consequential losses or damage to, any equipment, documents or personal effects belonging to the customer whilst in the custody of the company, or on, or in transit to or from, the company's premises. Customers are advised to affect their own insurance cover in this respect.
9.3 The company accepts no liability in respect of legal proceedings brought against the customer as a direct or indirect result of the company honouring, or through the failure of the company to honour any agreement, verbal or otherwise, for the provision of goods or services.
9.4 The company accepts no liability for any fees, penalties or charges, financial or otherwise, that the customer may incur, through the use of, or inability to use, any of the goods or services supplied by the company, unless arising directly through negligence.
9.5 The company shall not be responsible for any direct or consequential loss or delay suffered in consequence of strikes, lockouts, fire or restrictive legislation, nor in consequence of war, civil or internal strife, riots or other abnormal conditions beyond our control.
9.6 The customer agrees to indemnify the company against associated third party claims for infringement of copyright, other intellectual property rights or data protection clams and agrees to seek, obtain and pay for all necessary permission and/or licences to enable the customer to legally use any such owned and protected material.
10.1 Unless otherwise stated, Flame Media Limited asserts its full rights as copyright owner of all their original material. Original material may include but is not limited to creative ideas, treatments, storyboards, compositions, scripts, project files, graphics, soundtracks, printed material, packaging and any other design or artwork.
10.2 Any video recordings ‘rushes’ remain the property of the client and may be stored by Flame Media Limited in accordance with our data storage and retention policy. (see Section 8).
10.3 Copyright of all films, videos, or audio materials in their final, complied form, as delivered to the client remain with Flame Media Limited.
10.4 Flame Media Limited grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way, unless agreed in advance.
10.5 The Customer must ensure that permission is sought for the inclusion of any copyright material they supply or request to be used, to enable the company to deliver the product(s) or service(s). Where the Client provides material or requests material to be used in any project, including but not limited to logos, images, trademarks, footage and audio, the customer is responsible for ensuring relevant permissions have been obtained in advance from the original copyright holder.
10.6 The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations, unless we have explicitly detailed our responsibility for managing these services in the quote.
10.7 Where Flame Media Limited provide stock imagery, library music, performers or locations, we will ensure and cost for clearances for ‘Corporate’ use only. Any other intended uses (such as on TV, cinema, paid space advertising etc) must be cleared with Flame Media Limited in the first instance to ensure no further royalty payments are due to copyright holders. It is the customers responsibility to ensure that the correct clearances have been obtained.
10.8 Flame Media Limited’s library music (if supplied) is covered by our agreement with Audio Networks and is clear of MCPS royalties. However, other royalties such as PRS, (public performance or web use etc) is the responsibility of the customer.
10.9 We reserve the right to use material or Intellectual property from any client-commissioned project in our showreels and for other promotional purposes, unless otherwise agreed in the order. Customers must ensure that the permissions sought must reflect this additional use.
11.1 Unless otherwise agreed, the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies, intellectual property and technology used by the Company to supply of the product(s) or service(s).
12.1 By entering into a contract with and accepting goods or services from the company, whether the agreement is verbal or written, the customer agrees to accept and be bound by these terms and conditions in their entirety.
12.2 The company and the customer agree that these terms and conditions of business shall be governed by, and interpreted according to, English law, and English courts are deemed to have jurisdiction.