Terms & Conditions
The booking party, hereafter referred to as “Client,” enters into the following agreement with CutAcross Media Ltd, hereafter referred to as “Contractor.” This contract constitutes the entire agreement between both parties and will apply to all future transactions.
A. Fee
Client agrees to pay the contractor a fee of 50% deposit, this is required at least 10 business days prior to the beginning of the project. This is a non-refundable fee. This fee covers the time and cost of the contractors included, equipment hire and shoot day confirmation. Unless otherwise stated, quotes are representative of a full day rate, which is 10 hours. Half-day rates may be offered by the Contractor at its own discretion and shall be limited to 5 hours; exceeding this limit will result in the Client’s liability for a full-day fee. Overtime beyond 10 hours will be billed at time and ½. Overtime beyond 12 hours will be billed at double time. Quotes do not include travel/subsistence costs unless otherwise stated. The client acknowledges and accepts that by booking with CutAcross, the Client agrees to a 10% Production fee. Included in this booking are the Clients entitlement to 2 x <30 minute production meetings at no additional charge
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their project, then the client, will be responsible for any insurance cost, travel cost or subsistence fees that arise as a result of the choice of location. The contractor will not guarantee or arrange any payment on any location. In the event that food is not provided on-site, please note that CutAcross Media Ltd reserves the right to charge a per diem fee of £35 per person.
C. Payment
All payments are due in full unless payment arrangements have been made. Final deliverables will not be delivered until payment in full is received. Invoices are to be paid within 30 days of receipt. Should the invoice become overdue, CutAcross Media Ltd may exercise its statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation, because we were not paid according to our agreed credit terms.
D. Cancellation
If Company requires to cancel, reschedule or rearrange the Services, Client must provide Contractor with written notice 10 business days prior to the date Contractor was scheduled to perform the Services.
If Client provides Contractor with less than 10 business days prior written notice, Contractor shall be entitled to retain or be paid the first 50% of the fixed fee. Client will pay Contractor a fixed fee for the Services in the amount set forth in this document, plus out of pocket costs and expenses incurred by Contractor to perform the Services which have been preapproved by Client in writing. At it's discretion, the Contractor may agree to reallocate funds to another booking without penalty.
The fixed fee will be invoiced to Client by Contractor as follows: 50% prior to the date the Services are to be performed and 50% after completion of all Deliverables (completion will be determined by Client in its sole discretion after consultation with Contractor). Client will pay all undisputed complete and accurate invoices within thirty (30) days of receipt. If Contractor has not received payment of the first 50% of the fee 10 business days prior to the commencement of the Services, Contractor will deem the Services for that assignment/job to be cancelled and Client shall remain liable for payment of that 50% of the fee. Any cancellation that occurs within 5 business days of the scheduled services, then the Client shall be liable for 100% of the fee.
Contractor reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
E. Talent Release
Client agrees, unless otherwise agreed on a case-by-case basis for privacy & security purposes, that CutAcross Media Ltd. may display the videos/images from the project for marketing/promotional/advertising purposes. Talent featured in the project must sign release forms provided by the producer on the days of the project. All other people caught on camera must be aware they are being filmed, with the location staff providing ample signage around the location. By booking projects with CutAcross, the Client acknowledges this talent release/project waiver for the Contractor's marketing purposes.
F. Liability
Contractor disclaims all express and implied warranties including without limitation the implied warranties of fitness for a particular purpose, non-infringement, and merchantability. To the maximum extent permitted by applicable law, the Contractor’s total aggregate liability arising under this document shall not exceed the total amount paid by Client to the Contractor under this document and the Contractor disclaims all liability for indirect, incidental, consequential, special, punitive and exemplary damages, including without limitation loss of revenue, profits, use and goodwill, costs to procure substitute goods and services, and loss or corruption of data. This section shall survive any termination or cancellation of this document.
G. Copyright
In consideration of, and subject to, the final payment of full fees due to the Contractor by the Client, the Contractor hereby assigns to the Client with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content. All video footage shot by the Contractor remains property and copyright of CutAcross Media Ltd.
The Client can request from the Contractor a copy of the raw footage. There is a pre-agreed rate of £350 payable by the Client to the Contractor for the transfer of each hour of raw footage. The pre-agreed fee entitles the Client to receive the material via WeTransfer or equivalent online file sharing system or via Royal Mail depending on the amount of footage.
The Contractor reserves the right to display parts of the Clients’ video on the Contractor's website and social media platforms unless otherwise agreed during the booking process.
H. Indemnification
Client Indemnity. (a) Client agrees to defend and indemnify the Contractor, its employees and agents, against all losses, damages, costs, claims, demands, judgments and liability to, from and in favour of third parties (other than Affiliates) resulting from or relating to (i) any claim of infringement or alleged infringement of any Third Party Rights by the Products or in the Client Intellectual Property (or the Contractors’ or its Affiliates’ use of them); or (ii) any claim of personal injury or property damage to the extent that the injury or damage is the result of: (A) the breach of this Agreement by Client, including, without limitation, any representation or warranty contained herein; or (B) Client’s negligence or willful misconduct in the performance of its obligations under this Agreement, except to the extent that the losses, damages, costs, claims, demands, judgments, and liability are caused by the Contractor’s breach, negligence or wilful misconduct, or subject to indemnification by the Contractor.
I. Waivers
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
J. Legal Fees
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable legal fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
K. Policy for change requests
Two minor revisions within 14 days after delivery of each video is included.
The editing rate for additional minor revisions is at a half-day rate of £300.
Minor revisions include but are not limited to: sequencing & composition (re-arrangement of footage and basic framing), minor caption modifications (grammar, font choice, style/colour, sizing, positioning, removing, adding, stylization), effect modifications (remove or replace basic effects or transitions), basic colour correction & sound effects modifications. Music licensing that covers: Internal, External, and Streaming projects for companies.
L. Credits
The Contractor shall reserve the right to insert or have listed a production credit in the main titles of the Video as follows:
a) Embedded within video production "CutAcross Media Ltd"
b) "CutAcross Media Ltd (C) 200_". Symbol and CutAcross Media Ltd website address on every production and CD label.
c) "CutAcross Media Ltd (C) 200__"or "CutAcross Media Ltd" or "Footage supplied courtesy of CutAcross Media Ltd" Where any other separate CutAcross Media Ltd footage is supplied for television or other promotional use.
M. Health & Safety
The Company reserves the right not to film in dangerous or unsafe situations. The Company and Client will observe current Health & Safety regulations and have due consideration for the safety and welfare of staff and the general public.
N. Confidentiality
Unless otherwise agreed the Contractor will treat any information gained during the supply of the products or services as being private and confidential. Likewise, the Client shall keep confidential any methods or technology used by the Company to supply the products or services.
By confirming a booking request, through email, phone or the CutAcross platform you are acknowledging that you have read and understood this document and accept the terms and conditions therein.
Force Majeure: Where an event outside my control occurs, this is a “force majeure event” and includes, but is not limited to, storm, fire, earthquake, an act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they are contracted to do. Where a force majeure event occurs, we are excused from performance under these Terms, and we shall not be liable to you for our failure to perform. We will use our reasonable efforts to continue our obligations under these Terms as soon as we are able to after the force majeure event has stopped.
Links from the Services. Any links from our Services to other websites are for information only. We do not control them and we do not accept responsibility for other websites, or any materials found upon them or any loss you suffer from using them.
Changes to these Terms. We reserve the right to change and amend these Terms from time to time. You should check back regularly to ensure you are reading the most up to date version of these Terms, as the same will apply to your use of the Services at all times.
Updates to the Services. From time to time we may automatically update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
No waiver. No failure or delay by us in exercising any of our rights under these Terms shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Severance. In the event that one or more of the provisions of these Terms is or are found to be unlawful, invalid, or otherwise unenforceable, that or those provision(s) shall be deemed severed from the remainder of these terms. The remainder of these Terms shall be valid and enforceable.
Entire agreement. These Terms and our Terms of Service contains the entire agreement between the us and you with respect to its subject matter and formation. These Terms supersede and extinguish any and all previous agreements, representations, warranties, promises, assurances, and understandings between the us and you relating to its subject matter and formation.
Third party rights. Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
Applicable Law. These Terms and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Contact Us. If you need to contact us for any reason, please email us at hello@cutacrossmedia.com.