The Film House Group is committed to providing our clients with complete satisfaction with the services we provide. Each client is assured personal attention in the execution of their project, subject to the technical limitations and legislative requirements of the medium.

The following Terms and Conditions detail the relationship between The Film House Group and the client regarding any services provided.

Permission & Copyright

The client will obtain all necessary copyright permissions, licenses and authorities with respect of the use of all copy, graphic images, registered company logos, names, trademarks or any other supplied materials.

Payment Terms

1. Invoices from The Film House Group may be paid by cheque or cash.
2. Cheques should be made payable to “The Film House Group”.
3. The Film House Group require that the client sign a written confirmation of an order by e-mail or letter detailing the agreed-upon work and cost of services before work will commence.
4. Services and materials acquired by The Film House Group on behalf of the client including, but not limited to domain names, hardware, software and services remain the property of The Film House Group until paid for in full.
5. Failure to pay for any service and/or maintenance charges for domain names and/or other services and materials maintained by The Film House Group will result in ownership being reverted to that of The Film House Group even if the domain name, service or material had previously been paid for in full.
6. The Film House Group reserves the right to enter a customer’s premises to retrieve any property belonging to itself.
7. The Film House Group will be invoiced for services undertaken upon placement of any orders or contracts in writing.
8. Accounts payable may be rendered on completion of the work or at intermediate stages and payment of each invoice is due within 30 days. Any expenses incurred during the collection of outstanding accounts after the 30 days may be charged to the client.
9. Final payment for services rendered must be received in full before the final version of web projects will be uploaded to the server unless otherwise agreed upon in writing.
10. The Film House Group reserves the right not to provide services, hardware or software until full and final payment is received and any open accounts are closed.
11. Accounts in default are subject to an interest charge of 5% per month on any outstanding balances. If the client goes into default, the client agrees to pay The Film House Group its reasonable expenses including, but not limited to solicitor and collection agency fees incurred in enforcing its rights under these Terms and Conditions.
12. If a payment is returned to The Film House Group as unpaid, the client will immediately be considered in default and will be subject to a returned cheque charge of £35 (or the charge quoted to us from our financial institution).

Alterations To The Terms & Conditions

The Film House Group reserves the right to change, at any time, these Terms and Conditions of the acceptance of orders and contracts.

Acceptance Of These Terms

The placement of an order or contract for services provided by The Film House Group will be regarded as acceptance of all of the above Terms and Conditions. Orders and contacts may be placed in the first instance through e-mail, by telephone or in person and must be confirmed in writing along with a signed copy of these Terms and Conditions and any additional SLA and/or Non-Disclosure documentation.

Information

To help ensure that design, development or production and media are correctly targeted, the client will give us a clear and precise brief (in writing if so requested by us). The clients will make available to us all information relevant to our brief and give us such co-operation as we shall reasonably request. The client will ensure that at all times, the facts given to us about their products or services are accurate and in no way misleading. The client will inform us without delay if they consider that any claim or trade description submitted to them by us for approval is false or misleading in relation to their products or services.

Additional Instructions/Changes

If the contents of a project brief agreed upon by the client and The Film House Group are varied in any way during the course of a commission, a fee on a time/cost basis for any additional work will be added to the original estimate (if provided).

Miscellaneous Expenses

Miscellaneous expenses such as travel, hotel, gas/mileage, out of pocket expenses and long distance telephone charges related to a project will be charged to the client. Expenses totalling more than $100 will first be approved by the client.

Termination Of Contract or Appointment

Upon premature cancellation of any agreement entered into by the client and The Film House Group, The Film House Group is entitled to payment for services rendered in relation to the time and expenses involved. The fundamental principles on which the client-agency media financial arrangements are based are:

1. That the agency shall finance its own service but not the advertising of the client;
2. That, as a principal at law, the agency is held by media as solely liable for payment. It is therefore essential that the agency is paid by the client in time to pay the media costs. The Film House Group reserves the right at any time to require, before placement, payment of the costs of any advertisement to be placed by The Film House Group.

   Queries from agreed adjustments to an invoice will be made on the following month’s invoice. If the client fails to adhere to these terms of business and because of this failure we pay any surcharge, then the amount of the surcharge will be paid by the client.

   In the event where a third party contractor requires payment in advance or at various stages during the course of their involvement, the client will pay the invoices for such payments immediately upon presentation. Our rights, duties and responsibilities shall continue in full force during the agreed upon period of service — including the ordering and invoicing of advertising in media which shall be published during that period.

   The Film House Group shall be entitled to receive its regular fees during the agreed upon period of notice, even though material other than that prepared by The Film House Group may be used. The Film House Group will continue to invoice the client for all other advertising and design materials and services and services authorized by the client.

Cancellations

Cancellation of training courses, installations, consultancy or similar services provided by The Film House Group to the client less than five (5) working days before the service date shall incur a charge of 100% of the total invoice cost. An additional 10% charge will be applied for training, installation or consultancy services which are rescheduled less than five (5) days prior to their original scheduled date.

Client’s Property

Any supplied property of the client provided to The Film House Group on their behalf will be held, work on and carried at the client’s risk. Any property provided to The Film House Group that is unused will be returned to the client following the closing of all open accounts.

General Lien

Without prejudice, The Film House Group shall in respect of all unpaid debts due from the client have a general lien on all goods and property in their possession and shall be entitled after the expiration of 14 days notice to dispose of such goods and/or property as they think fit and apply the proceeds towards such debts.

Legal Liability

The Film House Group shall be indemnified by the client in respect of any claims, cost and expenses arising out of any libellous matter designed on the client’s instructions or any infringement of copyright patent or design thereof. The Film House Group will act in all dealings with third parties as a principal at law. The rights and liabilities between the client and The Film House Group will correspond to those between us and the third parties with whom The Film House Group deals on the client’s behalf. The client will indemnify The Film House Group against all claim costs liabilities and damages arising in connection with any material prepared by The Film House Group and approved by the client (including without limitation any claims, costs, liabilities and damages for the omission or mis-statement therein of any statement or particulars required pursuant to statute). The Film House Group shall not be liable for any indirect loss or third party claim occasioned by delay in completing the work. In the event of any contract (written or oral) between The Film House Group and the client being suspended or cancelled by reason of conditions arising from act of God, strikes, war, lock-outs, national emergency, fire, flood, drought, shortage of fuel or power, or any other cause out of the control of The Film House Group, The Film House Group shall be entitled to payment for work carried out and expenses incurred up to the date of such suspension or cancellation, furthermore The Film House Group shall not be responsible for any loss or damage caused as a result of such suspension or cancellation.

No Formal Estimate Sent

Where no formal written estimate has been requested or provided to the client, the client will be charged on a pro rata basis by The Film House Group for services in relation to the time and expenses involved.

Law

These Conditions and all other express Contract Terms shall be governed and construed in accordance with the Laws of the UK.

Cost Variation

Estimates are based on the current cost of production and are subject to amendment by The Film House Group at any time after acceptance to meet any rise or fall in prices.

Print

Where an estimate or invoice includes the cost of printing and delivery, this price is subject to the normal conditions of sale of the printing industry and the printer.

Exhibitions And Displays

Where the estimate or invoice includes the costs of an exhibition contractor, the price and delivery is subject to the contractor’s normal conditions of sale and trading terms.

Video Copyright

Unless otherwise agreed upon in writing, all original tapes remains the property and copyright of The Film House Group until full payment of all accounts has been settled.

Patents

All patentable material that may have originated from The Film House Group during the development of a project shall remain their property unless, or until, a separate agreement is entered into assigning patent rights in part or in full.

Alterations

A film may not be altered or adapted by the client without The Film House Group’s consent.

Last Updated: August 29, 2006
Copyright © 2006 The Film House Group. All Rights Reserved.