Terms of Trade
This page explains the terms of trade which apply to the supply of services by our company, webcine.co.uk. By using webcine.co.uk’s services you agree to be bound by these terms.
The words below are to mean as follows:
- the ‘Proposal’ shall be the synopsis and creative treatment of the Content which is provided with the quotation and forms part of the contract between webcine.co.uk and the Client.
- the ‘Content’ shall be the film, video, graphics, still images, animation and any associated sound recording and/or other media to be produced by webcine.co.uk and any services or materials involved in the implementation of the content as agreed between webcine.co.uk and the client.
- the ‘Contract Price’ shall be the last sum quoted in writing by webcine.co.uk to the Client.
- the ‘Production Period’ shall be agreed between the contracting parties and shall continue throughout and in accordance with the Production Schedule.
- the ‘Production Schedule’ shall be the agreed dates, times and locations of making the Content including pre-production and post-production.
webcine.co.uk shall in consideration of the Contract Price produce the Content in accordance with the Proposal and the Production Schedule and undertake any services which have been agreed to complete the implementation of the Content. Any contract requiring webcine.co.uk to work to specific deadlines provided or to extend deadlines within the written agreement will be deemed to include the provision that the Client will make themselves reasonably available to communicate with webcine.co.uk, its servants or agents as necessary. webcine.co.uk will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the Client.
Unless otherwise agreed in writing, the Client shall pay to webcine.co.uk the Contract Price as follows:
- 50% on the date of commissioning the project.
- 25% on completion of Principal Photography.
- the balance on delivery of the Content to the Client including agreed implementation services and the delivery of any agreed SEO materials.
- if payment is not received within the agreed amount of time of the invoice date, webcine.co.uk will automatically charge interest at a rate of 8% per annum, which will be added to the Client’s account. webcine.co.uk also reserves the right to enforce a ‘Late Payment Charge’ in line with current legislation.
- payment should be made by BACS, CHAPS or cash. Cheque payments will only be acceptable following prior written / email approval and often take 7-10 working days to clear.
4. Changes in the Content during Production
webcine.co.uk shall carry out such changes to the Content as the Client reasonably requires and the cost of such changes shall be borne by the Client. An example might be if such changes arise because the Client wishes the Content to depart materially from the agreed Proposal. The additional cost of any changes will be quoted in writing by webcine.co.uk to the Client and agreed between the parties before the additional work takes place. The same payment terms (3.) will apply.
5. Copyright and other rights
- Intellectual Property rights in any product and/or work created for the purposes of the contract shall vest in webcine.co.uk. webcine.co.uk will grant a licence to the Client when the Contract Price has been settled by the Client in full to use such product and/or work indefinitely.
- webcine.co.uk retains all present and future Copyright in the Content and all other rights in the Content.
- the Client’s consent is provided for webcine.co.uk to use brand, trademarks, trade names and logos for the purposes of carrying out its obligations under the contract.
- webcine.co.uk will legally obtain all additional releases, permissions and licenses, including but not restricted to, artistes’ performance, music composition, illustration and animation, that govern production and use of the Content. webcine.co.uk will grant a licence in respect of all rights, obligations and responsibilities for such additional releases, permissions and licenses to the Client when the Contract Price has been settled by the Client in full.
- the Client agrees that the Content will form part of the archive of works of webcine.co.uk and that webcine.co.uk may use the Content for the purposes of promoting its own business.
- the Client acknowledges that webcine.co.uk asserts its moral rights generally in respect of the Content under the Copyright Design and Patents Act 1998 and in particular to be credited as producer.
6. Client Materials
The Client undertakes that it shall not supply webcine.co.uk with any material that infringes any third party rights or is offensive, obscene, defamatory or inflammatory and webcine.co.uk gives no warranty and explicitly and unequivocally excludes all liability for all and any material supplied to it by the Client or contained within the Content on the Client’s instruction.
The Client warrants to and undertakes with webcine.co.uk that it has full title and authority to enter into a contract with webcine.co.uk and is not bound by any previous contract which adversely affects the contract.
The Client agrees that if it provides facilities or equipment for the purpose of making the Content these are provided entirely at the Client’s risk. The Client is advised to maintain adequate employers’ insurance and public liability and property damage insurance in respect of the same.
webcine.co.uk agrees that if it provides facilities or equipment for the purpose of making the Content these are provided entirely at webcine.co.uk’s risk. webcine.co.uk maintains adequate employers’ insurance and public liability and property damage insurance in respect of the same.
Each party shall not except as authorised or required by its duties hereunder use, divulge or communicate to any person, persons or company any confidential information which may come to its knowledge during the production of the Content and shall keep with complete secrecy all Confidential Information entrusted to that party and shall not use or attempt to use any such information in any manner which may cause loss to the other.
10. Data Protection Act
All parties to the contract undertake that they will comply in all respects with its obligations under the Data Protection Act 1998 or equivalent legislation.
11. Force Majeure
In the event that the contract cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of either party including war, industrial action, floods and other adverse weather, Acts of God, terrorism, insurrection, riots, then such non-performance or failure to fulfil its obligations shall be deemed not to be a breach of the contract. In the event that the contract cannot be performed or its obligations fulfilled for any reason beyond either party’s control for a continuous period of three months, then either party may at its discretion terminate the contract by notice in writing at the end of that period.
In addition to any other rights and remedies at law the contract between webcine.co.uk and the Client may be terminated by giving written notice to the other party in the event that:
- the Client has failed to account or make payments as required under the contract whether demanded or not;
- the Client or webcine.co.uk has committed a material breach of its obligations under the contract unless such party rectifies the position as far as reasonably possible within thirty days;
- either party goes into voluntary or involuntary liquidation.
13. Governing Law
The contract shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.