Terms
Summary
In all our dealings with clients, we aim to be fair, open and honest. We aim to head off issues early and make clients aware of any major upfront costs before we incur them. In order to do this, we work in a tried and tested way – based on experience – and below explains this. Clients are encouraged to read and understand these terms and take advice from their Producer about the best and most cost-efficient way of completing a project.
Quotations
A quotation is provided for every project. It is on the basis of the information provided to us at the time of the request and is valid for 14 days. If requirements change before production, we will re-quote. If extra time, travel, equipment or personnel is requested or required during the production stages, the Client understands this will be at extra cost. But we’ll always check with you first.
Getting Started
To accept a quote, we ask you to sign the proposal. Then we require a production advance of 50% to commence work. We also need a purchase order (PO) for the full amount quoted. All needs to be in hand before we can start working on your project. We cannot commence work on the basis of a phone call, verbal request or text message.
Project Leader
The client agrees to appoint one decision maker on the project from their side, who has the power to make decisions. All feedback and decisions are to come via this person to our Producer. We find projects don’t work well with more than one person calling the shots. It’s ok for more people your side to be involved but one person needs to collect feedback and present it back to us in a singular and unified way.
Collaboration
We work fast to hit your deadlines but we need you to work with us. Therefore you agree to be available during the project and attentive to requests to help plan the shoot and most importantly, provide timely feedback during the editing stage. If you need to be away during production, you agree to inform us in advance and appoint a decision maker in your absence.
Completing Work
All projects must be completed and signed off within 60 days of signing the project commission form. If projects are not completed within 60 days, the final invoice will be submitted. Work will continue until delivery, providing it remains within the original project scope.
Upfront Costs
For all projects, Holler will invoice a 50% production advance payment that needs to be paid upon receipt. This advance payment ensures the reservation of resources, scheduling of necessary personnel, and commitment of our team to your project.
Payment
Our payment terms are strictly 30 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. This excludes travel which will be billed at the start of the production (see “Upfront Costs” above). Production Advances need to be paid on receipt.
Staged Payments
For larger shoots, we often bill for the shoots first and then bill the post-production once this is complete. For quicker turnaround projects, we bill for the entire amount, once the post-production is complete.
Office Hours
Holler office hours are 9.00am to 5.30pm, Monday to Friday unless notified otherwise. Our main office number is 020 7112 8665.
Expenses
The Client is responsible for all expenses incurred by Holler during all stages of a production. Including but not exclusively: transport, food, accommodation and mileage. But this will be included in your quote.
Booking A Shoot
Once a shoot date or dates have been booked, we will issue a booking confirmation email. If you need to cancel or change this date, this can be done free of charge, up to two clear working days before the shoot. After this time, we will charge the full shooting costs for the crew if the shoot is cancelled by the client. Irrespective of when you cancel, you will be liable for any costs we’ve already incurred, such as flights and hotels.
Filming Day
A filming day is classed as a maximum of eight hours from our crew arriving on site. Half days are 4 hours from arrival.
Overnight Costs
If a crew is required to travel and/or stay overnight on a non-filming day, we charge an overnight fee. This is 25% of the daily crew cost.
Locations & People
If filming venues and people to appear on camera are being organised by the Client, it is the Client’s responsibility to ensure that Holler has clear access to all relevant locations and that people are available to the schedule required throughout the day. Delays in filming may incur additional charges. It’s rarely an issue but just in case of doubt.
Bad weather
In the event of inclement weather, Holler reserves the right to change the date of filming to a more suitable day. However, we will do this in liaison with the client.
Risks
All our staff are aware of our risk assessment policy. If the Producer on a shoot deems that the location, or parts of the location, are not safe to film at, we will make the client aware.
Equipment substitution / failure
In the unlikely event that Holler 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.
Camera Footage
We take great care with footage we shoot and edit projects we undertake. We make sure the data is backed up and secure. However, we are not liable for any loss due to fire, theft, computer failure or event beyond our control.
Client Review
Once the video is edited, a first version will be forwarded to the Client for their review. This draft may receive two sets of minor revisions, which are included in the original agreed cost. Subsequent revisions thereafter may incur extra charge. We prefer you to use our review software which makes the process quicker but E-mail correspondence is also ok.
Deadlines
Any contract requiring Holler to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate and participate in filming with Holler and, more importantly, during client review of the edit. If Holler deem them not to have been so then Holler cannot be held responsible for failing to meet a deadline. We’ve not missed a deadline yet but clients do need to understand they are key to that.
Sign Off
A video will only be released by Holler once the Client approves all content as complete and satisfactory and confirms this in writing. Holler cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Copyright
Copyright of the filmed footage (or graphics) transfer to the client once payment is received. Holler however will retain the right to use any approved footage that is placed in the public domain as case study/portfolio items. When a client places a video into the public domain (eg YouTube, on a website or other public facing internet site), they understand this.
Release Forms
Holler advises and recommends using Release Forms to sign up anyone on camera.
Taste & Decency
Holler reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
Confidentiality
Any confidential or proprietary information which is acquired by Holler from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Holler will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
Abusive Behaviour
In all instances 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.
Public Liability
Holler (Matte Box Media Ltd) carries public liability insurance cover of £2 million pounds. Upgraded specific project insurance cover can be provided at extra cost upon request.
Archiving
Holler offers the Client an archiving service where we store their edit project, camera rushes and completed video(s) on an external hard drive for a small charge. Unless requested otherwise, we will keep this in-house to re-open the edit project if ever needed. Due to the nature of hard drive technology, we provide no guarantee that the drive will always be error free. If a Client wishes to take their own backup copy, we would strongly advise this.
Transfer of Camera Rushes
Upon request, we can transfer the raw camera footage to the client, via a hard drive, for a small fee. The client is responsible for providing the hard drive or one can be purchased from us.
Transfer of Project Files
The project files used in the video editing process are considered the intellectual property of Holler. These files include proprietary techniques and creative decisions unique to our brand. As such, we do not provide the project files to clients.
/revised Feb2022