What Constitutes Commission of Work
Work will be deemed as being formally booked or commissioned when an
instruction to begin work has been ordered or a date for work to be carried out
has been agreed.
Work can be commissioned verbally, by telephone, by email or by fax.
Once work has been commissioned it is the responsibility of the Client to raise
any Purchase Order number or any other relevant contracts or anything else
that they require.
Cancellation by Clients
Generally speaking cancellation by a client results in liability for 100% of all the
agreed value of the work commissioned.
Where costs are incurred such as helicopters for aerial filming or vessels for
offshore filming or photography, these costs will usually need paying in full
before work begins. Cancellation of these services will usually still require full
payment.
It may be that this liability can be wholly or partially waived by BMS should the
work be rescheduled or amended. This is purely at the discretion of BMS.
Alterations to the Schedule of Work
The nature of filming and video making is that the needs of clients can often
change once the process has begun.
Alterations that will affect agreed script, filming locations, number of required
filming days, number of required post-production days not agreed prior to the
commencement of work, must be made subject to a further written or verbal
agreement and will affect cost. BMS will submit a revised quote upon receiving
an amendment to our working brief.
Hours of working
BMS operates a flexible service to accommodate the most fluid of schedules.
The BMS team can operate a 24/7 service.
Where activity needs to be filmed around the clock there will be multiple crews
to cover these operations.
BMS will normally supply a minimum crew of 2 persons. This is for health and
safety reasons so that kit can be carried safely and when one person is filming
the other can look out for potential hazards. If you require a lone photographer
or videographer this will need to be risk assessed and assurances made by the
Client to guarantee the safety and welfare of the BMS crew on site.
Normal working hours are 0800-1800. Where crews are required outside of
these hours, at weekends or over public holidays there will be a cost
implication detailed below in the “cost” section.
Where filming or photography is required for 12 hours or more in a 24 hour
period then additional crews at additional cost will be required to ensure
adequate breaks for the crews.
When BMS crews are required to work consecutive shifts on consecutive days in
areas where it impossible to travel back to base and back to site and still have
a 10 hour break then adequate accommodation and welfare facilities must be
provided at cost to Client to ensure the safety and wellbeing of the crew
between shifts.
When adequate accommodation and welfare facilities cannot be offered for
offshore working then the BMS crew will require onshore accommodation and a
transfer vessel to travel to each working shift offshore. BMS is happy to arrange
this and will re-charge these facilities to Client.
Cancellation by BMS
BMS accepts no liability whatsoever for any costs incurred by or as a
consequence of a cancellation of work by BMS.
Broadcast Media Services Ltd shall be under no liability if unable to carry out
any provision of the contract for any reason beyond its control including
(without limiting the foregoing) Act of God, legislation, war, fire, flood,
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 contract. During the continuance of such a contingency the
client may, by written notice to Broadcast Media Services Ltd, elect to
terminate the contract and pay for work done and materials used but subject
thereto shall otherwise accept delivery when available.
Payment
Payment shall be due 30 days from the date of the issuing of the invoice by BMS.
Work will be invoiced once the work has been completed whether or not the Client has
issued the relevant Purchase Order number or other relevant information required by
them.
Should an invoice remain unpaid for 90 days for whatever reason then a 5% surcharge
will be added to the invoice.
Should an invoice remain unpaid for 180 days for whatever reason then a further 5%
surcharge will be added to the invoice.
Should the invoice remain unpaid for 270 days for whatever reason then a further 5%
will be added to the invoice.
Aerial filming using helicopters usually requires full payment upfront at the time of
booking. This is usually non-refundable in the event of cancellation.
Provisional Bookings and Standby Bookings
These bookings are where BMS staff and/or resources are reserved in
anticipation of forthcoming film work and will be subject to the following
cancellation fees:
More than 96 hours (4 days) notice = No charge
Between 48 and 96 hours notice = 25% of labour costs + all of any specialist
equipment that may have been hired and any costs that BMS have incurred
Between 24 and 48 hours notice = 50% of labour costs + any specialist
equipment that may have been hired and any costs that BMS have incurred
Less than 24 hours notice = 100% of labour costs + any specialist equipment that
may have been hired and any costs that BMS have incurred
Crews placed on standby ready to travel to a film job will be subject to the
following:
Crews will be made aware of the time and date that the “on-call” or “standby”
period is due to begin and end. If a crew are placed on standby they the
following costs will be incurred:
50% of all labour and equipment costs + the cost of any specialist equipment
that may have been hired + hotels that may have been booked in anticipation
of work will be due if the crew haven’t been required during the standby
period.
100% of all costs shall be incurred for each day the crew are used within the
standby period.
If crews are required between 1700 on Friday and 0900 Monday there will be a
150% charge of the usual crew rate for any work that goes ahead and 75% for
standby days unused.
Any work on Bank holiday weekends will incur a 150% rate.
Time lapse photography
All time lapse equipment supplied and installed for the agreed contractual period is on
a hire basis. This means that all such equipment installed on your site, is your
responsibility to keep safe and undamaged. Should any damage be incurred, whether
accidental or otherwise, during the agreed hire period, the whole cost of like for like
replacement will be the responsibility of you. Any such costs to replace components
will be determined by a BMS engineer.
Any damage, theft or loss of time lapse equipment resulting in data loss is not the
responsibility of BMS.
Where mains power is required to power the time-lapse camera it is our clients’
responsibility to provide this.
Mounting the camera requires a solid structure on which to attach the camera rig.
Content Disclaimer
Broadcast Media Services 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.
Should such a submission occur, the customer will be advised which information
was deemed unsuitable, and requested to amend the information. If the
customer can show good reason to use the “unsuitable” information, its
inclusion may be considered.
General Conditions
Broadcast Media Services Ltd cannot be held liable for loss or damage caused as
a result of third party action or failure.
The client shall provide appropriate security arrangements for any filming
which Broadcast Media Services Ltd provides crew or equipment and such
arrangements shall be notified to Broadcast Media Services Ltd in writing in
advance of travel to that jurisdiction.
Broadcast Media Services Ltd cannot be held liable to any party for any errors
on any medium after the customer has agreed in writing that the content is
correct and accurate and should be posted, published or broadcast.
Contracts may be modified by agreement in writing at any time to add or
delete services to better fit the client’s needs.
Copyright
In consideration of, and subject to, the final payment of full fees due to
Broadcast Media Services Ltd by the customer, Broadcast Media Services Ltd
hereby assigns to the customer with full title guarantee all the present and
future copyright and other intellectual property rights howsoever arising in the
content.
Confidentiality
Any confidential or proprietary information which is acquired by Broadcast
Media Services 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, Broadcast Media Services Ltd will sign and adhere to the conditions of
any Confidentiality Agreement used by the client.