| MOVING IMAGE Terms and Conditions |
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1 DefinitionsIn these Conditions: Client means the person or persons who accept(s) a the services offered from AMBTV INC LTD for the provision or contract to themselves or their business or their employees or whose booking for the Services is accepted by AMBTV INC LTD. Company means AMBTV INC LTD. Services means the services that AMBTV INC LTD is contracted to supply in accordance with these conditions. Conditions means the standard Terms and Conditions of sale and supply set out in this document, and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and AMBTV INC LTD. Crew means a film or television production crew comprising any number of people from an individual cameraman to a number of specified people who are trained in the production of television production. Working Day With a buy out offered. A working day includes travel, in train car or aeroplane. There are no half-day rates charged. Minimum time is 10 hrs. In the intrust of health and safety and insurance liability, particular attention to clauses 2.6 and 2.7 should be noted. Buy out AMBTV INC LTD is often willing to accept a buy out above and beyond its standard rate. Any hours below that will, assume a normal working day of 10 hrs. Interest means interest at the rate of 10% on top of the bank of England base rate + VAT per month on outstanding balances calculated 30 days from the day of AMBTV INC LTD's invoice is submitted to the Client. 1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3 The headings in these Conditions are for convenience only, and shall not affect their interpretation. (When applicable) 2 Provision of Services2.1 AMBTV INC LTD shall provide Services (and/or fulfil the Contract) in accordance with any written quotation (or oral booking confirmed in writing or by email or fax) of AMBTV INC LTD, which is accepted by the Client, subject to these Conditions. 2.2 AMBTV INC LTD is not obligated to provide Services until AMBTV INC LTD has received such written confirmation. 2.3 The Client shall not further assign AMBTV INC LTD services to a third party, or instruct AMBTV INC LTD employees or representatives to engage on work for any other project, or film, televise, record, or photograph any scene or incident which is not relevant to said assignment for which the Services were originally contracted without prior notice to AMBTV INC LTD in writing, or by fax or email, not less than 24 hours prior to the proposed commencement of the assignment, whereupon AMBTV INC LTD will renegotiate with the Client and agree suitable fees before the assignment is undertaken. Failure to do so will render the booking for the Services invalid, whereupon the fees in respect thereof shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary. 2.4 In the event of the Client cancelling a booking that the Client previously confirmed in writing or by fax email or by telephone, the Client shall be liable to pay AMBTV INC LTD a cancellation fee. This is based upon whether or not AMBTV INC LTD has already turned down other work as a result of the Clients prior booking, AMBTV INC LTD reserves the right to charge a cancellation fee 100% of the fee agreed for the original booking. 2.5 Hours worked in excess of ten hours per day (from London base), will be liable to an additional hourly charge at published rates, at confirmation of booking or verbally. All hours worked in excess of ten hours per day are at the discretion of the Crew, unless otherwise agreed with AMBTV INC LTD in Writing, or by fax or email, at the time of the original booking of the provision of Services. 2.6 The Client shall provide the Crew with a break of one hour at the end of each period of 5 hours worked. Whenever such a break is not provided, AMBTV INC LTD shall be entitled to charge for any work during such a period over and above the fee agreed for the provision of Services. 2.7 The Client shall provide the Crew with a minimum break of ten hours between the end of one day’s work, and commencement of work the following day. Travelling time between the location and the Crews accommodation is included in a working day period. Whenever such a break is not provided, AMBTV INC LTD shall be entitled to charge for any work during such a period over and above the fee agreed for the provision of Services. 2.8 AMBTV INC LTD will provide tape stock for the production required by the Client. Reused stock will not be used. 2.9 All incidental expenses incurred and funded by the Crew (e.g. parking, taxi fares, meals, parking fines, road tolls phone calls etc) shall be charged to the Client. 2.10 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Client and AMBTV INC LTD. 2.11 For Cancellations, and confirmation the client will give AMBTV INC LTD due notice in order of cancellation. Failure to confirm a booking will result in AMBTV INC LTD accepting work from another client. Failure to give due notice of any cancellation may render the client liable to charges of the said booking. Minimum notice required is 48 hours. 3 Insurance and Travel3.1 with the provisions of long distance travel the client will book company in business class for all flights over 4 hours. Failure to make this booking will result in a charge of an additional 200% + VAT of the agreed daily rate including overtime for the said journey at each sector, outward and inward journey. (When applicable to a contract term) 3.2 It is the responsibility of the client to arrange and pay for the provisions of excess baggage, prior to travel date. Failure to do so could result in AMBTV INC LTD not travelling. 3.3 When travelling it is the responsibility of the Client to provide AMBTV INC LTD and it’s crew with a per diem and float for costs incurred during travel. It is also the clients responsibility to source secure and individual accommodation for AMBTV INC LTD. (When applicable to a contract term) 3.4 AMBTV INC LTD provides insurance cover for its equipment subject to the following conditions. 3.4.1 The Client shall be liable for the equipment policy excess in the event of a claim arising through direct involvement of any person/s other than AMBTV INC LTD and its employees or their representatives. 3.4.2 the client will be responsible for all travel and production insurance for AMBTV INC LTD and it representatives. Proof of this insurance policy MUST be presented, in writing, at least 48 hours before the proposed commencement time of the provision of Services to AMBTV INC LTD or their representatives. 3.4.3 The Client shall be fully liable in the event of a claim arising through loss, theft, or damage to AMBTV INC LTD equipment if said loss, theft, or damage occurred as a result of the Client it's employees or representatives causing the equipment to be in an uninsured condition. 3.4.4 Provision of the Services which invalidates AMBTV INC LTD employees, or their representatives, personal insurance policies (e.g. filming in a war zone, flying other than a fare-paying passenger on a scheduled airline, etc) may not be undertaken without the provision by the Client of a personal accident insurance for each of AMBTV INC LTD's employees, or their representatives, to the value of AT LEAST £800,000 per person. Proof of this insurance policy MUST be presented, in writing, at least 48 hours before the proposed commencement time of the provision of Services to AMBTV INC LTD or their representatives. (When applicable to a contract term) 3.4.5 Failure to disclose any hazards which thus invalidate the personal insurance policies of AMBTV INC LTD employees, or their representatives, prior to the provision of Services, will render the booking for said Services invalid, whereupon the fees in respect thereof shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary. 3.5 The cover of AMBTV INC LTD and employer liability extends to the UK and Europe, where work is required out side this boundary, i.e., Africa, America, Turkey and The Far East. Renders the current insurance in invalid. Therefore policy extension will be activated and changed on to the client. 3.6 A mileage charge of £0.50 per mile will be charged to the client unless an arrangement has been made in writing to AMBTV INC LTD. 4 Terms of Payment4.1 The Client shall pay to AMBTV INC LTD fees at the rate agreed in writing between the Client and AMBTV INC LTD, and the Client shall be additionally liable to pay Value Added Tax on such fees. 4.2 The Client will, on demand, reimburse AMBTV INC LTD for all authorized and/or reasonable expenditure incurred by AMBTV INC LTD or its representatives in connection with the provision of Services or Contract. 4.3 All payments to AMBTV INC LTD shall be made against AMBTV INC LTD invoice(s) that shall be presented at the end of each period of the provision of Services or on completion of the designated milestones in respect of the Contract. 4.4 The Client shall make all payments within 30 calendar days from the date of AMBTV INC LTD's invoice. This also is the same as UK statute. 4.5 The Client shall make all payments in UK Sterling by cash, cheque or bank transfer to the account of AMBTV INC LTD at a bank nominated by AMBTV INC LTD. 4.6 If and whenever the Client shall fail to make such payments within the said 30 calendar days period, the Client shall pay to AMBTV INC LTD interest on such outstanding payments, calculated monthly from the invoice date until the date of payment. The rate of interest will be notified to the Client if such payments become outstanding, and will be 10% above the Bank Of England Base rate compounding. (When applicable to a contract term) 4.7 Also, in the event of payments not being received within the said 30 calendar days period, any quotation for Services or Contract in force between the Client and AMBTV INC LTD shall be deemed to be invalidated, and the terms and conditions appertaining to said Services or Contract shall no longer apply, but be open to re-negotiation. 4.8 If at any time the Client requests AMBTV INC LTD to invoice a third party with whom AMBTV INC LTD has no contractual agreement with regard to the Services, AMBTV INC LTD reserves the right to refuse to do this and to insist that the Client makes payment at the appropriate time. If AMBTV INC LTD agrees to invoice said third party, the client shall be liable for an administration charge of 30%. 4.9 AMBTV INC LTD reserves the right to set terms of 70% or 100% up front for any clients, though (mandatory for all international) or those it deems necessary in order to engage the service of the client. The remainder is payable at completion of the project. With the transaction of camera rushes. Failure to do so could result in delay of beginning of production and post-production. 4.10 Should the clients’ bank be outside the UK, the client is responsible for all transaction fees incurred when making reimbursement to AMBTV INC LTD. The foreign client will reimburse AMBTV INC LTD 80% of the quoted price up front and prior to the beginning of any production-taking place. 5 High Definition5.1 The difficulties of ensuring accurate focus of moving subjects without focus puller. 5.2 Impossible to maintain "quality assurance" of lens, camera and recording without a full Rees monitor on location. (A 23 inch lcd would suffice) 5.3 For jobs involving hand held location shooting, with a duration of a few days or more, recommendation for full Rees monitor for spot checks whenever possible. 5.4 Spot checks are to included in schedule 6 Property6.1 Not withstanding the delivery to the Client, or their authorized representatives, of any film, photographic material, videotape, or other related materials appertaining to the provision of Services or Contract. Copyright shall not be passed unto the Client until AMBTV INC LTD has received in cleared funds, payment in full of all outstanding invoices in respect thereof. 6.2 Until such time the property, film, photographic material, video tape, or other related materials passes to the Client, AMBTV INC LTD shall be entitled, at any time, to require the Client to deliver up such film, photographic material, video tape, or other related materials to AMBTV INC LTD and, if the Client fails to do so forthwith. The clients permitted to enter upon any premises of the Client, or any Third Party, where such film, photographic material, videotape, or other related materials are stored and repossess them. 6.3 The client will supply a recorded sub master of the finished production to AMBTV INC LTD on the condition that at any time it is used only for self-promotion purposes. AMBTV INC LTD will have unrestricted access to the supplied images. 6.4 Payments received for such film, ideas, photographic material, video tape, or other related materials which are delivered to the Client within the provision of Services or Contract only relate to the project for which said film, photographic material, video tape, or other related materials where commissioned. Said film, photographic material, video tape, or other related materials may not be assigned to a third party, in full or in part, nor may they be used in conjunction with other materials and/or for a separate project or projects, in full or in part, at any time without written permission from AMBTV INC LTD, which may also entail further fees arranged with AMBTV INC LTD. |