Terms and Conditions
These Terms and Conditions are for your protection as well as ours. Please read them carefully.
1) COPYRIGHT (TUNNEL SHARK PRODUCTIONS MATERIAL)
The Copyright of all material that has been captured by Tunnel Shark Productions is solely owned by Tunnel Shark and protected under UK Law. Upon completion and cleared funds, we will transfer the Copyright Ownership to the Client. In this circumstance, Tunnel Shark Productions reserve the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes.
2) COPYRIGHT (MATERIAL PROVIDED BY CLIENT)
In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a Tunnel Shark production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Tunnel Shark Productions to use this material the copyright must be explicitly transferred to Tunnel Shark. Or the material to be provided to Tunnel Shark totally free of charge and the client will have to indemnify Tunnel Shark against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material. Tunnel Shark will reserve the right to use the final production in full or part content for promotional purposes.
3) PERFORMERS RELEASE USAGE
At all times Tunnel Shark Productions advises and recommends its Clients to obtain written permission for all Performers. No discounts or liability will be accepted by Tunnel Shark Productions if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
4) PAYMENT TERMS
Our payment terms are strictly 15 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Tunnel Shark Productions reserve the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme. For clients overseas, invoices must be paid within 14 days of receipt. Returned cheques will incur an additional fee of £50 per returned cheque. Tunnel Shark Productions reserves the right to consider an account to be in default in the event of a returned cheque. We understand and will exercise our statutory right to claim interest and
compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges.
Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Tunnel Shark Productions reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges or the costs of Changes
If The Client fails to communicate with Tunnel Shark Productions for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Tunnel Shark Productions’ reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
5) APPROVAL / AMENDMENTS OF DRAFT FOOTAGE
On the majority of projects, a ‘draft ‘version of the production will be forwarded to the Client for their review. This draft may receive up to two sets of revisions (or 2 days’ worth of redrafting) which is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional daily rate of £400.00 per part day or part thereof.
6) HEALTH AND SAFETY
In all instances Tunnel Shark Productions will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this. Tunnel Shark will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
7) INSURANCE’S (PEOPLE, EQUIPMENT ETC.)
Tunnel Shark Productions carries public liability insurance cover of £5 million pounds. Upgraded specific project insurance cover can be provided if required upon request.
7) BAD WEATHER
In the event of inclement weather, Tunnel Shark Productions reserve the right to change the date of filming to a more suitable day. Tunnel Shark will not allow the safety of the equipment or personnel to be compromised.
9) ABORTING FILMING (ON SHOOT DAY) OR RE SHOOTING DUE TO CLIENTS LACK OF ORGANISATION.
In the event of filming being delayed or aborted due to a lack of organisation from the Client, Tunnel Shark Productions reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
10) CHANGING FILMING DATES.
In the event of the Client wishing to change the filming date we insist on a minimum of 1 week notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
11) EQUIPMENT SUBSTITUTION / FAILURE.
In the unlikely event that Tunnel Shark Productions experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew. No further claims or liability will be accepted.
12) WORKS SPECIFIED (AS PER ESTIMATE)
All works undertaken will be as per Tunnel Shark Productions written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.
13) CLEAR ACCESS FOR FILMING
If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Tunnel Shark Productions have clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
14) PROJECT DURATION
Any indication given by Tunnel Shark Productions of a design project’s duration is to be considered by the customer to be an estimation. Tunnel Shark Productions will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. However, Tunnel Shark cannot be held responsible for any project over-running, whatever the cause. All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order. All Terms and Conditions stated within this document override any Terms and Conditions from the Client.