Terms and Conditions

1. ABOUT THESE TERMS

These terms of service detail how we (CMA Video Ltd) do business with you (the customer).

If you have any questions about these terms, please contact us at info@cmavideo.co.uk.

These terms apply to all projects we work on. Sometimes, we are asked to sign a separate supplier or project agreement with our customers. Those terms shall replace these when applicable.

2. COSTS AND ESTIMATES

Our rate card shows the prices of our services. You can ask for a copy of our current rate card by emailing info@cmavideo.co.uk. All prices and estimates exclude VAT.

When we give you a copy of our rate card, you agree to pay for any work we do for you according to the prices on the rate card. Unless we agree otherwise, we will charge you for all our work.

Usually, when we price a project, we will ask for a scope of work. The scope of work tells us what you want us to do for the project. When we get the scope of work, we will give you a written cost estimate based on our rate card. We make our estimates to meet the needs of the scope of work. We both have to ensure that the estimates are correct and fit the scope of work. You have to give us a clear scope of work before we make our estimate.

When you approve an estimate, we will only do what the estimate covers with your permission. If the estimate is too low or the scope of work gets more extensive, we will tell you and agree on the extra costs before we continue the work. If the scope of work gets smaller, our cancellation policy will apply.

If the scope of work changes, we may need to make a new estimate. If we do, we will agree on the new costs with you before proceeding with the work.

Our estimates are only reasonable for 30 days from when we give them to you. After that, we need to make a new estimate.

3. PAYMENT

All invoices have a 30-day payment term unless we agree otherwise. You will find the payment details on each invoice.

We will issue invoices at different project stages, depending on the milestones we achieve. The milestones will vary according to the project’s size and nature.

We may ask for a deposit before we start working, depending on the scope of work.

Please pay on time to avoid any delays in your project. If you need any help with our payment terms, please let us know when you place your order.

We have the legal right to charge late fees and interest on overdue invoices. We may add a late fee of 1.5% interest on the total outstanding amount for every 30 days the invoice is unpaid.

4. BOOKING AND CANCELLATIONS

We will treat your approval of our cost estimate as an order confirmation. You can approve it by email, writing, or verbally.

When you place an order, we will start working on your project. We will also incur the costs of sale necessary to complete the work.

Any changes to your project, such as cancelling, rescheduling, or reducing the scope. In that case, we reserve the right to bill you for any work that still needs to be invoiced, even if incomplete, and any costs of sale we have incurred.

We may also charge you a fee up to the estimated project cost, depending on how much notice you give us. This is mainly to protect us in cases where we have spent extra resources to serve you, and a significant change to the project scope would make us lose money or business.

If we cannot complete a project and have to cancel our participation, we will let you know as soon as possible. We will reschedule the work for the next available date. If the work cannot be rescheduled, you will not have to pay for those services, even if we have already incurred related costs of sale.

5. WORKING HOURS

We usually charge for our services by the day.

For services done by a person, a day means one 8-hour period in one calendar day. This is the time from when we start working to when we finish working, and it includes setting up and packing up, as well as lunch and any other breaks we need to take.

If a day goes longer than 8 hours, we will charge you for the extra hours at a part of the daily rate. For example, if we work for 12 hours, we will charge you 1.5 times the daily rate for the service.

If the work and travel time goes over 10 hours, or the travel has to happen on a different day than the work, we will charge you for the total travel time at the same rate (or a part of the rate) as the service we did.

Unless we agree otherwise, we won’t let you use the time you booked if you don’t use it all. This would be a scope reduction and is covered by our cancellation policy.

For services where we decide how to use the time, such as our pre-production and post-production services, the work may be done over more than one day. In this case, the day rate gives us 8 hours to work. We will keep track of the time we spend on these services, and when we have worked for 8 hours, we will charge you for a day.

6. TRAVEL

Travel costs are charged for work outside the West Midlands (county). Mileage is charged at the highest rate that HMRC allows from our office in Birmingham to the work location(s).

We are not responsible for any travel delays caused by things we can’t control and won’t pay a penalty. When there is a chance of travel delays, we suggest booking a hotel for our crew near the work location.

Overnight accommodation will be provided or bought and charged to you if needed. By default, this has to be at a chain hotel. We need accommodation when the work starts early or finishes late (usually outside the hours of 8 AM and 7 PM), when the total work and travel time goes over 12 hours, or when we are worried about the person doing the work if they can’t rest enough.

7. PROJECT MANAGEMENT

We aim to deliver your project on time and within budget based on the agreed start date. For this to happen, you must set and confirm your deadlines with us beforehand.

We require at least five working days’ notice for any due dates. We will not be liable for any penalties if you give us shorter notice or set unrealistic deadlines to which we did not agree.

We will also not be liable for any penalties if we miss a deadline because of a third party’s fault.

We reserve the right to use subcontractors to assist us with our work.

We will give you chances to review and comment on the project. We can also advise you on how to provide us with effective feedback.

You need to give us your feedback within 20 working days after we ask for it unless we agree otherwise. If you do not respond in time, we will consider the project as finished or proceed according to our judgement.

We do not limit the number of revisions you can request for the project as long as they do not involve extra work not included in our initial quote. If your project exceeds the budget, we will notify you and propose ways to reduce the additional costs. Any extra work beyond our quoted costs will have to be paid for.

Any further changes will incur a charge after the project is done, approved, and invoiced.

8. DELIVERABLES & DATA RETENTION

When we finish, we will send you a copy of the project’s deliverables. We usually upload the files to a hosting provider we choose, where you can download them anytime for four weeks.

If you don’t download the files within that time, we can send you another download link. But we can’t guarantee that we will keep an archived copy of your project forever. So please download and back up the files we send you.

If you want a copy of our working files, like the original footage from our cameras, we can transfer them to you online. However, video files can be large, so you may need to give us a hard drive or a similar device to store them. You will also have to pay for the delivery costs to get it back.

You must ask for a copy of our working files before we complete your project because we can only guarantee that we will store your data for a while.

We don’t guarantee that our working files will work for what you want to do. We only use them for our production process and don’t support any other use. Please tell us if you have any special needs before we start working.

9. INTELLECTUAL PROPERTY

We will licence third-party stock footage, images and music for your project under our name. These licences usually allow online use, such as displaying the final products on your website or social media. You must tell us at the start of the project if you need a licence for other uses, such as TV broadcast. Some licences may have ongoing costs, which we will inform you of before we buy them. You can ask for a copy of our licence anytime.

You are responsible for getting the correct licences and permission for any footage, images, fonts or music you or a third party give us for your project. We are not liable for any wrong use of any material you or a third party provide.

We also do not use any unlicensed or copyrighted content in our work. If you want us to do that, you must protect us from any harm or loss that may result.

We own the copyright of all video footage shot, animated assets and project files unless explicitly agreed otherwise.

You must not claim or imply that another company or person does our work without our consent and credit.

10. DISCRETION AND CONFIDENTIALITY

We respect the confidentiality of your projects and will be careful not to disclose any sensitive information without your permission.

We may talk about your project publicly, on social media, or in our marketing materials, but only with your consent and in a way that does not reveal confidential details.

We can sign a non-disclosure agreement if you need one, as long as it does not conflict with our interests.

11. CONSENT

You must get consent from everyone who appears in your project.

We do not provide consent forms for any reason, even if we help you find the people for your project. You are responsible for getting and keeping the consent forms.

You must follow the laws on using children in advertising when you ask us to film or photograph them. You are also responsible for getting and keeping their permission, consent and licences and protecting them during the production.

Please read our Privacy Policy to learn how we handle your data.

12. HEALTH & SAFETY

The Company has the right to refrain from filming in situations deemed unsafe.

If we work in a location you control, you must inform us of any risks and hazards that may affect our staff before we start working. Otherwise, we will assume that the location is safe.

Our staff will follow the site rules and wear PPE when needed. You must protect our staff from danger and prevent them from doing tasks requiring special training, permits or insurance.

13. LIABILITIES

We are not liable for any faults or issues resulting from hardware, software, or other digital technologies and solutions provided by you or a third party on your behalf.

We are also not liable for any issues resulting from factors outside our control, such as internet and power outages, the weather, or acts of god.

You confirm that the content you are asking us to produce is legal and ethical and that you protect us from any consequences if it is not.

14. GOVERNING LAW

Any legal matters related to these terms and our services will be handled in England and under English law.

15. CHANGES TO THESE TERMS AND CONDITIONS

At our discretion, we have the authority to alter or substitute these Terms whenever we see fit. If a change is significant, we’ll do our best to give you a heads-up at least 30 days before the new terms kick in. We get to decide what qualifies as a significant change.