Terms & Conditions
Focus Media Marketing hereafter called FMM
Client: The business, Organisation or Person who engages FMM to carry out the work of the project,
Project: Production / Video / Services / Goods: The end product, production, event, video and or services which is ordered and used by the client.
Contract: A written arrangement agreed between the FMM and the Client in the form of a purchase order and or written brief.
Third-party: Any Company, Organisation or Person not affiliated with or controlled by FMM or the Client.
1) Acceptance of this quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between FMM and the Client.
2) All quotes are free and valid for fourteen (14) days from the date of issue unless otherwise agreed.
3) Costs will be discussed during initial meetings between the Client and FMM. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type of project or service, as well as time spent on pre-production, production, post-production and the creation of digital delivery platforms. Any additional costs to the project and or production will be notified and charged accordingly to the client at the standard tariff rate operated by FMM. If the quotation contains ‘fixed price’ costs, these will be maintained in accordance with the written quotation.
4) Production and Project fees shall be exclusive of disbursements and expense items related to the agreed project such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc or tape duplications, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
5) If a project requires additional features, content, or functionality to be added, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, it will become contractually binding. E-mail correspondence shall be sufficient to prove changes to the agreement for the form and content of project
6) FMM will not commence work on any project until a signed purchase order or equivalent document has been provided by the client and any deposit paid in accordance with the quotation terms.
7) The client’s requirements must be clearly provided in the form of a written brief to FMM with at least 48 hours notice before commencement of any work, or agree an approved schedule as supplied to the client as part of the quotation.
8) Unless agreed otherwise in writing, FMM reserves the right to request up to 50% (exclusive of VAT) of the invoice as a deposit which must be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining balance shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract or as detailed within the quotation.
10) Any contract requiring FMM to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with FMM, its servants or agents, as necessary. In the case of specifically required meteorological conditions, FMM shall not be held responsible for suitable conditions not being available during scheduled production dates.
11) A project will only be publicly released by FMM and the client once both parties (FMM and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user unless specifically agreed.
12) FMM 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 libellous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
13) FMM 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 FMM, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
14) FMM cannot be held liable for loss or damage caused as a result of third party action or failure.
15) a. PERMITTED USEAGE: In consideration of, and subject to, the final payment of full fees due to Focus Media Marketing by the client, Focus Media Marketing hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes
15) b. RESTRICTIONS ON USE: The client may not resell, relicense, redistribute without express written permission from Focus Media Marketing. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
16) FMM retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of Focus Media Marketing promotional use, unless otherwise agreed in writing with the client.
17) Any confidential or proprietary information which is acquired by FMM 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, FMM will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the FMM to supply of the product(s) or service(s).
18) Unless otherwise agreed in writing, the client accepts Focus Media Marketing decisions on creativity within the product(s) or service(s).
19) If invoice payment is not received within 28 days of the invoice date, FMM reserve the right to charge interest at a rate of 2% per month or part thereof on any outstanding balances, which will be added to the client’s account.
20) Payment may be made by bank transfer or cheque. All cheques must be made payable to ‘South Devon TV Limited. Bank transfer (BACS) is preferred. BACS information will be issued at the point of invoice.
21) FMM reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract.
22) FMM cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
23) Any claims must be made in writing to FMM within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
24) Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of FMM. Any material published that has not been fully paid for, will be copyright-claimed by FMM to the publishing platform.
25) FMM reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
26) If a client takes all footage (or a copies of all footage and material) away from FMM – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. FMM will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from FMM media server and hard drives at any point in the future.
If you have any questions, please contact our Legal Department.