General Terms and Conditions
These are our general terms and conditions, which apply to all projects and work undertaken unless explicitly agreed otherwise in a separate contract. If you have any questions, please don’t hesitate to get in touch.
1. Project Scope
1.1 PROJECT SCOPE: Rob Pinney Studio Limited (the “Studio”) is a creative video production company that provides services including video production, photography, editing, and colour grading. The specific scope of a project and associated deliverables will be clearly defined in a production agreement, creative proposal or quote prepared by the Studio (the “Project Documents”) and provided to the person or organisation commissioning the work (the “Client”). The final films, photographs or other outputs agreed are the “Deliverables”.
1.2 AMENDMENTS: For projects that include post-production, the Studio provides for three rounds of feedback and amendments as standard.
1.3 FILE RETENTION: The Studio will keep all files relating to the Client’s project for a period of six months from the date of final delivery. After this six month period, the Studio reserves the right to delete project files, unless explicitly agreed otherwise in writing between the parties
2. Usage Rights
2.1 USAGE RIGHTS: On receipt of full payment, the Client is granted an exclusive (subject to clause 2.2), perpetual, worldwide licence to use the final Deliverables in all media. This includes the right to edit, adapt and reformat them, and to let the Client’s agencies and contractors use them on the Client’s behalf. From delivery until full payment, the Client may use the Deliverables under a non-exclusive licence, which the Studio may suspend by written notice if any invoice is unpaid after its due date. The Studio retains copyright in the Deliverables and all project materials. Raw footage and project files are not included unless agreed in writing. Third-party materials, such as music, stock footage and fonts, are licensed on the terms of their own licences. Where the production agreement provides for an assignment of copyright, that provision takes precedence over this clause.
2.2 PORTFOLIO USE: Unless otherwise agreed, the Studio retains the right to showcase final Deliverables, behind-the-scenes content and project-related materials in its portfolio, website, competitions and awards, and marketing materials. This is subject to any embargo or confidentiality requirement notified by the Client in writing.
3. Payments
3.1 PAYMENT TERMS: Full payment of the Studio’s invoice(s) must be made within 28 days of the date of that invoice. Should the Client fail to pay the Studio’s invoice(s) within 28 days, the Studio reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. The Studio reserves the right to request payment in advance from new clients.
3.2 QUOTES & FIXED COSTS: All quotations provided by the Studio are fixed costs based on the agreed project scope.
3.3 DEPOSITS: A deposit payment to cover production (shoot) fees is required to secure shoot dates unless otherwise agreed. This payment must have cleared in full into the Studio’s bank account no fewer than seven days prior to the commencement of the shoot.
3.4 SERVICE TIME AND OVERRUNS: Any and all fees are calculated on a minimum half-day basis by the Studio. A half day consists of no more than four hours. A full day is no more than eight hours. Overruns are billed per hour at 1.5 times the hourly equivalent of the applicable rate (the day rate divided by eight, or the half-day rate divided by four).
3.5 TRAVEL AND EXPENSES: Travel and expenses itemised in the quote are included in the quoted figure. Any further travel, mileage or other expenses are additional unless otherwise agreed in writing. VAT is charged at the prevailing rate where applicable.
3.6 ADDITIONAL COSTS: All prices quoted to the Client apply only to the original project scope and Deliverables, as laid out in the Project Documents. The Studio reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the project. Wherever possible, these costs will be by mutual agreement and the Studio shall endeavour to provide an indication of what these additional charges will be.
3.7 CANCELLATIONS AND POSTPONEMENTS: If a booking is cancelled by the Client less than three working days before the starting time, the Studio reserves the right to charge the full fee agreed in the Project Documents. If a booking is cancelled within seven working days of the starting time, but more than three working days, the Studio may charge 50% of this fee. In the event of a cancellation or postponement, third-party costs already committed by the Studio are payable by the Client. This includes, but is not limited to, location fees, crew costs, equipment hire, and travel costs.
3.8 PROJECT COMPLETION: Unless otherwise agreed between the Client and Studio, post-production work will be considered complete six weeks after filming concludes and any outstanding balance will be invoiced.
4. Confidentiality & Data Protection
4.1 CONFIDENTIALITY: The Studio acknowledges that in the performance of the services, it may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Studio agrees to keep this information secret and not to disclose such information to other parties except as required by law.
4.2 DATA PROTECTION: Both parties agree to comply with relevant data protection laws.
5. General
5.1 GOVERNING LAW: These terms and conditions are governed by English law, and the parties agree to accept the exclusive jurisdiction of the Courts of England.
5.2 DISPUTE RESOLUTION: Disputes shall be resolved through mediation in the first instance. If a dispute remains unresolved after 60 days then either party may seek legal redress. This does not prevent either party from recovering undisputed sums through the courts.
5.3 INSURANCE: Both parties are responsible for keeping appropriate insurance cover in place until the project is complete. The Studio can provide proof of insurance upon request.
5.4 SUPPLIED MATERIAL: The Client warrants that any materials provided to the Studio do not infringe third-party intellectual property rights.
5.5 LIMITATION OF LIABILITY: The Studio’s total liability arising from or in connection with a project, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid or payable by the Client for that project. The Studio shall not be liable for any loss of profit, revenue, business or goodwill, or for any indirect or consequential loss. Where footage or files are lost or corrupted through equipment or media failure, the Studio will re-shoot or re-edit the affected material or, if that is not possible, refund the fees for that part of the work, and shall have no further liability for that loss. Nothing in these terms limits any liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud.
5.6 CIRCUMSTANCES BEYOND CONTROL: If the Studio is prevented from carrying out the work by illness, injury or other circumstances beyond its reasonable control, it will notify the Client promptly and, by agreement, either reschedule or provide a suitably experienced substitute. If neither is possible, the Studio will refund any fees paid for work not carried out and shall have no further liability.