1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Fly on The Wall, London Ltd. (The Company) retains full copyright in all images, videos and audio, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The Company asserts his right to be identified as the author of all images, videos and audio, by the words: ‘Filmed by [Director Name] for Fly On The Wall, London)’
3. The Client will have an appropriate period of exclusivity to publish the videos to the exclusion of all other persons. However, The Company retains the right in all cases to use the videos in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After any exclusivity period The Company shall be entitled to use the videos for any reasonable purposes (unless otherwise agreed), including but not limited to use in future film projects. Editorial work may be made available by The Company to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.
4. Unless specified on a separate licence: (a) clients are licensed to use commissioned videos for marketing, pr & editorial use, in perpetuity, on behalf of the original company who commissioned the videos; (b) Any publication of the videos to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to The Company ; (c) The Company retains full copyright in all images and videos at all times throughout the world.
5. For the avoidance of doubt, clients do not have the right to publish or share the videos in any edited or adjusted form. Specifically, any audio-only release or distribution of performances from the sessions is strictly forbidden in the current agreement, and will require a seperate licence to be agreed.
6. The Company will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the filming, save as may be reasonably necessary to enable the filmmaker to carry out his obligations in relation to the commission.
7. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
8. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the films to be taken without hindrance or infringements of trademarks or copyrights.
9. Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Company reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
10. Where extra expenses or time are incurred by The Company as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at The Company’s normal rate in addition to the expenses agreed or estimated.
11. Videos will be available to view or download from a secure client gallery for 6 months from the date of the commission. Longer periods are available by agreement.
12. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
13. A booking is considered firm as from the date of confirmation and accordingly The Company will, at its discretion, charge a 50% fee for cancellation.
14. This agreement shall be governed by the laws of England & Wales
15. These Terms and Conditions shall not be varied except by agreement in writing.