Terms & Conditions
1.1. These terms and conditions of business (“the terms”) govern every contract made between Swift Films for the supply of film and video production services to any person, firm, charity or company (“the client”).
1.2. The terms prevail over any written terms and conditions of the client.
1.3. Any variation to the terms must be agreed in writing by Swift Films.
1.4. All contracts between Swift Films and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
2.1. The Client will pay the agreed fees to Swift Films on delivery of the Project, completed according to the Project specification. Swift Films will invoice the Client and the Client
will pay the invoice, including Value Added Tax, (VAT) (where applicable) at the prevailing rate according to the terms of payment detailed on the invoice.
2.2. Swift Films will require payment on the completion of development milestones where the
Project involves considerable development time to implement. Such development milestones and the amount of payment for the completion of each milestone to be included within the Project specification or agreed in writing by the parties prior to the commencement of the Project.
3.1. All estimates given by Swift Films will be valid for 28 days from the date of estimate. If the client’s final order changes from the original specification made for the quotation, Swift Films reserves the right to vary the estimate.
3.2. Estimates assume that the copy, text, pictures, graphs, pie charts, tables and other illustrations received from the client are final and require no further amendment. Swift Films will not touch up, improve or otherwise alter illustrations or graphs etc supplied by the client unless specifically requested to. Our hourly rates will apply in all such cases.
3.3. Estimates assume that there will be two sets of proofs and amendments/corrections for all work, unless otherwise requested and agreed. Excessive authors amendments (in excess of two sets of proofs/changes) will be charged out at our hourly rate of £45 + VAT.
3.4. The client will be responsible for supplying any necessary copy, images, logos and disclaimers for any design work. If Swift Films needs to source original artwork or amend files in any way not outlined in an original quote, this will be charged at an hourly rate as an additional extra.
4.2. Swift Films will inform the Client in writing in advance if expenses have to be incurred during the Project.
5. Turnaround times
5.1. It is up to the client to set themselves realistic timescales for the production of films, videos graphic design and/or animation. As well as weekends, national holidays and the constraints of normal office hours, there are elements of the creative process, which cannot be fast tracked (such as render times, reprographics, folding, delivery times etc).
6. Delivery of Content & Materials
6.1. The Client undertakes to deliver all the content and materials required for the Project and in the formats requested to Swift Films before commencement of the Project.
6.2. Where this is not possible the Client will deliver such outstanding content and materials to Swift Films within 30 days of the start of the Project.
6.3. The Client will notify Swift Films in writing (as soon as possible) of any delays in delivering content and materials required for the Project and provide Swift Films with a revised timetable for supplying such content and materials.
6.4. Swift Films will not be responsible for any delays, missed milestones (where specified in the Project) or additional expenses incurred due to the late delivery or non-delivery of content and materials by the Client where required by Swift Films for the Project.
6.5. Any images to be used on printed material should be supplied on disc or by e-mail at minimum
resolution 300dpi and saved in CMYK format. Images taken directly from a website will not be useable in most printed material.
6.6. Swift Films will not be held responsible for the loss or damage of any original artwork supplied by a client. Wherever possible we will return any supplied material.
7.1. Swift Films will deliver the completed Project to the Client by way of Compact Disc, (CD), email or such other data storage method as selected by Swift Films or as specified by the Client.
7.2. If the Client requires the completed Project to be loaded onto a fileserver using File Transfer Protocol (FTP), the Client is responsible for ensuring that the intended fileserver or disk space on the fileserver is properly configured. Swift Films will not load the completed Project onto a publicly available fileserver or disk space on such a fileserver until the Client has complied
with the conditions laid out in clause 8 below.
8. Project Release
8.1. On delivery of the completed Project the Client will complete, sign, date and return to Swift Films,
Swift Films’s standard Project Release Form.
8.2. The Project Release Form will release Swift Films from undertaking further work related to the Project. Swift Films may however undertake additional work as requested by the Client either directly or indirectly related to the completed Project. Such work to be undertaken under the standard terms of business of Swift Films.
9. Copyright and moral rights
9.1. The Client undertakes to secure all copyright and any other appropriate licences, clearance or consents where required for the content and materials to be used during the Project.
9.2. The Client grants to Swift Films a non-exclusive, revocable, royalty-free licence to use its name, logos, trademarks or devices (“Intellectual Property”) for the purposes of creating the Project.
9.3. Neither party shall make any claim to the other party’s content, materials or services during or after the expiry of this Agreement.
9.4. Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.
9.5. The client agrees to indemnify Swift Films against all losses, damages, claims or expenses, which Swift Films may incur by virtue of any breach of the above warranties.
9.6. All footage and artwork files created during the production process remain the property of Swift Films. Edits and raw footage will be kept on file after completion of any work for a period of six months. Any amendments or modifications requested by the client at a later date (up to six months later) will be charged at an hourly rate. All projects and raw footage can be safely archived in two locations for a period of up to 30 years at additional cost.
9.7. All footage and artwork files remain the property of Swift Films. Should the client wish to use the footage or artwork files for any purpose other than that agreed between the client and Swift Films, the client must request permission of Swift Films, and permission must be granted by Swift Films, and where the footage, edit or artwork is used, Swift Films must be credited as required by Swift Films.
9.8. Swift Films reserves the right to use any artwork for means of advertising and self- promotion in print and on the web.
9.9. Logo designs remain the property of Swift Films until any payments have been received in full. Trademarks & copyrights will then be transferred to complete ownership of the client
10.1. The client must contact Swift Films concerning details of an invoice within 7 days of the date of the invoice.
10.2. The Client agrees to indemnify Swift Films against any claims, damages, losses, costs and expenses which Swift Films may sustain or incur in relation to any content and materials which the Client provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
10.3. Swift Films will not be liable for the cost of reshooting or reprinting the material contained on the material and;
10.4. Swift Films will not be liable for any loss or damage to the client or any other party including loss of income and;
10.5. It is the client’s responsibility to insure against such loss and damage.
10.6. The client accepts that any printed or DVD material must be signed off and approved at artwork stage before being sent to print / manufacture. It is the client’s responsibility to check any document / DVD for accuracy and spelling and Swift Films will not be held responsible for any typographical errors after any artwork has been approved by the client.
10.7. Swift Films will not be liable for failing to complete any contract between Swift Films and the client due to circumstances beyond Swift Films’ control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
11.1. The client must endeavor to give Swift Films at least one week’s notice for cancellation of filming days. Where this is not possible;
11.2. Cancellation of filming days with more than 48 hours notice will incur no cost to the client.
11.3. Cancellation of filming days with less than 24 hours notice will incur the full cost of the filming day.
11.4. Cancellation of filming days with between 24 – 48 hours notice will incur 50% costs of the filming day.
12.1. Either party may terminate an Agreement immediately in the event that:
12.2. Either party commits a serious, grave or material breach or persistent breaches the Agreement including non-performance, default or neglect of its duties, responsibilities and obligations under the Agreement, and
12.3. Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.
12.4. Furthermore an Agreement may be terminated in the event that:
a) Either party is unable to pay or has no reasonable prospects of paying their debts the amount or aggregate amount of which equals or exceeds the bankruptcy level within the meaning of the Insolvency Act 1986, or
b) Being a company becomes subject to an administration order or goes into liquidation, (other than for the purpose of amalgamation or reconstruction), or
c) Has a receiver appointed to administer any of its property or assets, or d) Ceases or threatens to cease to carry on business, or
e) Makes any voluntary agreement or enters into a compromise for the benefit of its creditors, or
f) Fails to make payment in accordance with the terms of the Agreement.
12.5. On the termination of an Agreement any completed parts of the Project already delivered to the Client or test examples of the Project not already paid for by the Client will be returned to Swift Films. Furthermore the Client shall not retain any copies of the returned Project, parts thereof or test examples of the Project.
12.6. Any termination of an Agreement shall be without prejudice to any rights accrued in favour of
either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of an Agreement which are by their construction intended to survive such termination (including, without limitation, clauses, 9 and this clause 11).