Terms of Service
Updated on 17th May 2019 - Previous versions available below.
The term ‘Lapse Film’, ‘us’, ‘we’ or ‘our’ refers to Lapse Film Limited, a registered company in England and Wales, Registered company number : 08477812. The term ‘you’ or ‘your’ refers to the user or customer to our video production service(s). The term ‘video’ refers to the product and service with which we will supply you. The term “footage” refers to the media content captured by our cameras and audio equipment during the production of your project. The term “pre-production” refers to the planning and organisation process that takes place before the production stage. The term “production” refers to the gathering of, or intention to gather media content (including footage) for use in your project. The term “post-production” refers to the process of importing, editing, animating and encoding the media content for your project, combining this with any additional material including graphical, authorised pre-existing footage and musical elements. The term “project” refers to either a video or a series of videos quoted or billed as one. “Standard rates” refers to our current price list on the date of quotation or on the first day of pre-production / production (which ever occurs first). Please ask your account manager for a copy if required.
By commissioning project/s with us you are accepting that you have read and agree to the below terms of service. All sections of these terms are applicable to all customers of Lapse Film Limited unless otherwise stated in writing prior to a project commencement.
Any queries regarding the below terms of service should be made before the start of any project or payment as once either is levied we will be unable to alter the terms in this agreement.
1. PLANNING AND QUOTING FOR YOUR PROJECT
1.1 We will generate a quote / proposal for the pre-production / production / post-production of your project and this is sent to you via email if the project is deemed worthy of needing such. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the quote and or proposal that is sent to you. Any proposals and quotes are valid for thirty days from the date of submission and maybe subject to alterations (including cost) if accepted after the initial thirty day period.
1.2 The proposal and or quote we provide to you is only valid based on the information you give us being accurate. Any changes or additions to circumstances, requirements or brief will be considered as “out of scope” and will likely incur additional fees. Wherever possible we will provide you with a quote for any additional services or costs however even if it’s not possible to provide these documents, we will charge additional services at our standard rates regardless of initial specification.
1.3 In the event that a project isn’t quoted for or doesn't have a proposal detailing costs, our standard rates apply. By commissioning a project without a quote or proposal you are agreeing to pay us the fee calculated at the end of the project based on our standard rates.
2. DEPOSIT PAYMENTS FOR VIDEO PRODUCTION SERVICES
2.1 At our discretion, a non-refundable (except in those circumstances set out in Section 4.1) deposit payment of that total amount we charge for your project must be levied.
2.2 You will be sent an invoice for the deposit amount as an email attachment. Payment must be cleared before the project start date in order for our service provision to commence.
2.3 Deposits are typically a requirement for first time customers as well as B2C customers or returning customers with an intermittent payment history.
2.4 Other than the above consideration (section 2.3). Deposit payments are calculated using the following project cost brackets :
A. On project values between £0-£999.99 - No deposit is required (unless otherwise applied due to section 2.1/2.3)
B. On project values between £1,000.00 - £3,999.99 - The pre-production and production portions of the project will be billed the first working day after a shoot. At our discretion we may demand this invoice to be cleared before the post-production portion of the project can be completed.
C. On projects with a value of £4,000.00 or greater - 50% of the total project is payable as a deposit before the project can commence.
3. CHANGES AND AMENDMENTS TO YOUR PROJECT AFTER COMPLETION
3.1 During the post-production stage of the project, we will regularly contact you with “cuts” of the project (as detailed in section 3.4). It is imperative that all collaborators have an opportunity to suggest amendments at each stage. Late submissions may incur an additional fee.
3.2 Any changes or amendments that affect the original brief may be subject to an additional charge.
3.3 Any changes or amendments that we are notified after the production stage has been completed may be subject to an additional charge.
3.4 Stages (quoted above in section 3.1) will likely, but do not necessarily have to, include content cuts (bare bones video with no cut aways to establish the story line of the video), rough cut (a cut with matching visuals to the agreed content cut, at this stage we will also likely trim and smooth rough edges and sound levelling), colour grading cut (adding a colour grade to the video) and finally a final cut (the final version of the video for approval).
4. OUR RIGHT TO CANCEL
4.1 We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded providing the reason for cancellation is the complete fault of Lapse Film Limited.
4.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
4.3 Upon any discovery of unsafe filming environments relating to the project, or production circumstances that pose a significant risk to our health or wellbeing, we reserve the right to cancel the production session and you will be liable to a charge, as detailed in Section 6.1.
5. YOUR RIGHT TO CANCEL
5.1 You reserve all rights to terminate the provision of our services at any time.
5.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.
5.3 Under certain circumstances and at the discretion of Lapse Film Limited we may provide a refund or credit of deposit payments. The usual provisions for this to be considered are if the project start date has yet to be reached and that no work has been started on the project.
5.4 Cancellations during the production stage of your project will result in you being liable for at least 75% of the total project charge.
5.5 Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge.
5.6 You understand that any fees incurred by Lapse Film Limited due to a cancellation of the project will be passed on directly. This includes cancellation of products, services or licences from third parties and any travel or accommodation expenses.
6. CANCELLATION OR DISRUPTION OF PRODUCTION DUE TO ORGANISATIONAL CIRCUMSTANCES
6.1 If we attend a production session, or are travelling to a production session which is cancelled, delayed or disrupted due to your disorganisation, we reserve the right to levy a charge of the total production costs as quoted.
6.2 In the event that we haven't provided a quote standard rates apply.
7. CANCELLATION DUE TO ACTS OF GOD
7.1 We cannot take any responsibility for cancellations due to poor weather or conditions or other environmental circumstances (acts of god) however in the case of cancellation due to reasons beyond control of both parties, we will make every effort to ensure the production is rescheduled for a future date with as little cost as possible to you.
8.1 Invoice credit terms will be specified in the header of the document. Payment is required before the credit term expires. The invoice indicates the credit term by specifying a due date.
8.2 Our standard credit term on all invoices (unless otherwise stated) is 30 days from receipt of invoice.
8.3 If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 8% over the Bank of England base rate of interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.
8.4 In the event that we must levy interest on an overdue account the following debt collection fees apply:
A. If the amount of debt is up to £999.99 the debt recovery fee is £40.00
B. If the amount of debt is between £1,000 and £9,999.99 the debt recovery fee is £70.00
C. If the amount of debt is £10,000 or more the debt recovery fee is £100.00
8.5 As standard we only accept BACS payments for invoices payable. If you wish to pay your account balance via an alternative method (such as cheque or cash) you will need to make alternate arrangements directly with us. Please note for any payment not made via BACS, we charge a transaction fee of 2.75%. Please ensure that you discuss with your account manger how you intend to settle your account balance, it is imperative that you communicate your preferred payment method to us in good time as you will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.
9. HANDLING OF YOUR PROJECTS FOOTAGE AND FILES DURING THE PROJECT TERM
9.1 We will take all reasonable steps and precautions to protect the footage files we gather during your project.
9.2 We cannot be held liable if footage files are lost, damaged or stolen whilst in our possession. This includes, but is not limited to, theft under all offences listed in the Theft Act 1968. Other causes of loss of footage may include, but are not limited to, natural/human disasters/events, human error and computer system malfunction or failure.
9.3 In circumstances where footage files cannot be recovered, we will decide whether to re-produce the content at no additional cost to you, or terminate the project with a refund of your deposit.
9.4 In any circumstances covered in Section 9.3, we cannot be held liable for any of your costs incurred for the original project. This may include, but is not limited to, actor, actress, presenter and director fees, location or studio hire and travel expenses.
10. STORAGE OF YOUR PROJECTS FOOTAGE AND FILES AFTER THE PROJECT TERM
10.1 After a project’s completion, whereby you are in possession of the final project video or file, it is at our discretion as to whether its related footage and files are stored on our systems. We cannot be held liable if footage files are lost, damaged or stolen after the project is complete.
10.2 You may contact us after your project is complete if you require any further content, and we will advise you as to the status of the original footage and files, and whether this is possible.
11. RIGHTS TO THE USE OF A PROJECTS VIDEO CONTENT
11.1 Where you provide material to us for inclusion in your project (which may include, but is not limited to, logos, images, trademarks, footage and audio), the relevant permission must first be obtained from the original copyright holder. By accepting these terms and conditions, you hereby indemnify Lapse Film Limited against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws attributed to the material.
11.2 We retain all rights to the usage of footage captured during the production of your project. As part of our video production service, we also provide unlimited rights of use of that footage to you upon payment of the entire account balance for the project.
11.3 We retain all copyright over any content we produce for you. Your licence grants you permission to use the content once the account balance is cleared.
11.4 We reserve the rights to use any footage and related files from your project(s) in our showreels and for other promotional purposes unless otherwise agreed prior to project commencement. This includes the right to re-upload and re-distribute under the name of Lapse Film via any of our online distribution channels.
11.5 If your account balance for the individual project remains unpaid for a period of 60 days from billing we maintain the right to charge you a licence fee for material used publicly (regardless of forum) at rate of 5% of the value of the project per day from the date of billing. The total licence fee will be added up on a quartile basis or calculated once the outstanding project balance has been settled (whichever occurs first).
12. YOUR PERSONAL DETAILS
1.1 We will process any personal data that you provide, or which is provided by anyone who works for your organisation, for the following purposes:
(i) carrying out work for you,
(ii) providing appropriate instructions or information to others working for you,
(iii) complying with our legal and professional obligations, and
(iv) compiling and maintaining reasonable client records and records of the work we have undertaken.
1.2 Either you or anyone connected with you or your organisation has the right to ask for a copy of any personal information we hold about them if they apply to us in writing. We may make an administrative charge for this.
1.3 From time to time we may send marketing information to you. If you would prefer us not to do this, please let us know and we will remove you from our mailing list.
13.1 Lapse Film Limited cannot accept liability for quality issues arising from environmental factors such as (but not limited to) noise pollution or light pollution.
13.2 Lapse Film Limited cannot accept liability for quality issues arising from human controlled factors such as (but not limited to) illness or inability to deliver the content necessary for the production process to the successfully completed.
13.3 Although every effort is taken during the pre-production, production and post-production stages of the project processes we cannot accept responsibility for the content of the project this includes but isn't limited to factual correctness and statements made by independent parties captured. The content contained within the project is the sole responsibility and opinion of of the commissioning party.
13.4 All content published by Lapse Film Limited is controlled by the commissioning body and such does not necessarily reflect the opinions or views of Lapse Film Limited or any of its employees.
13.5 Lapse Film Limited can accept no responsibility for damages to business (including loss of earnings) arising from content created. This includes statements made by individuals that may harm a business or brands reputation.
13.6 As all content published by Lapse Film Limited on behalf of the commissioning party is the sole responsibility of the commissioning party, any and all lawsuits arising from content captured or published by Lapse Film Limited will be the responsibility of the commissioning party. By accepting these terms and conditions, you hereby indemnify us against any possible claims, disputes, expenses or similar that may arise from content published or created by us on your behalf.
14.1 We understand that certain projects require use of non discloser agreements to ensure confidentiality is upheld to the highest standards. As such we are happy to work under “NDA’s” at the request of a client.
14.2 All employees and subcontractors of Lapse Film are under non discloser agreements.
14.3 Unless otherwise stated, we assume that non discloser agreements relating to a projects content are lifted on any material once the video is released into the public eye. If this isn't the case please ensure you make us aware either as part of the NDA agreement or in writing.
15. DATA PROTECTION
15.1 In line with the Data Protection Act of 2018, Lapse Film Limited is registered with the ICO and adheres to all laws set out by this legislation.
15.2 Under the Data Protection Act, participants of video productions are granted rights that we must legally adhere to, these include a participants right to access personal data, the right to correct personal data, the right to erase personal data, the right to objection to personal data processing, the right to place a restriction on the processing of an individuals personal data, the right to transfer personal data and the right to withdraw consent.
15.3 In the event of a participant invoking any of the above rights under the Data Protection Act, we will ensure we contact you in a timely manner to inform you of any effect this may have on published works.
15.4 If a participant requests a correction or erasure of personal data or withdraws consent to appear in a production managed by us. We maintain the right to charge additional processing fees to the commissioning party (client) if they have an intention of redistributing the material.
15.5 Any fees levied by Lapse Film Limited to the commissioning party will be based on our standard rates at the point a participant makes a formal request.
15.6 No fees will be applied to requests that do not effect the commissioning party (such as request for access, objection to processing, restriction of processing or transfer requests).
Previous version, active between the 10th of May 2017 and the 16th of May 2019, is available to view here