Terms & Conditions
CineRobota: or CineRobota Films is a trading name of CineRobota LTD Company No:08624336
Client: The business, organisation or person who engages CineRobota to carry out the work of the project, production or video for them.
Project/Production/Video/Bitesized video: The services provided by CineRobota as detailed in the client’s “Video Plan” and or “quote” document(s).
Contract: An arrangement agreed between CineRobota and the client detailed in the “Video Plan” Document(s).
Third party: Any company, organisation or person not affiliated with or controlled by CineRobota or the client.
Confirmation/Confirmed/In Writing: Written correspondence by e-mail that is acknowledged and agreed.
TERMS AND CONDITIONS
1.1- CONTRACT START AND DURATION: Acceptance of the quotation by confirmation and/or payment of the first payment and/or invoice(s) in whole from the client to CineRobota, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between CineRobota and the client. The contract will last for twelve (12) months beginning from the date first payment is received.
2.1- COSTS & PAYMENTS: Costs will be discussed during initial meetings between the client and CineRobota. Costs will be relative to the BiteSized Video plan chosen. Monthly costs may be increased due to additional services being added to it at the request of the client.
2.2- CineRobota reserves the right to cease work until the required instalment(s) and/or any agreed invoice(s) are paid.
2.3- CineRobota reserves the right to request invoice(s) be paid 7 days prior to commencement of work.
2.4- Payment must be made on the pre-agreed due date of each month by a standing order set up by the client.
2.5- If payment is not made on the due date, CineRobota reserves the right to charge a £40 late payment fee and an interest at a rate of 8.5% per annum as per the Late Payment of Commercial Debts (Interest) Act 1998, which will be added to the client’s account. Any services in progress may be placed on hold until the full amount due, including the late payment fee(s), is payed in full.
2.6- Any additional services or expenses agreed upon outside the Bitesized Videos package(s) will be invoiced separately (with separate payment due dates) and will be carried out within the boundaries of this agreement.
3.1- CONTRACT CHANGES: The client must notify CineRobota by written correspondence if any requirement(s) are not included in the video plan or quote with at least 48 hours notice before commencement of any work.
3.2- If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract(s) and, once confirmed, becomes contractually binding. Confirmation shall be sufficient to approve changes to the contract(s) and their respective payment instalment(s) and or invoice(s).
4.1- SERVICE PROVISION: Unless otherwise agreed in writing, the client accepts CineRobota’s professional decisions on creativity within the product(s) or service(s).
4.2- CineRobota may need to visit any location(s) filming will take place at before the shoot date(s) in order to plan for the best angles. If for any reason, beyond CineRobota’s control, CineRobota cannot visit the location(s) then CineRobota cannot be held responsible for the negative impact this will have on the project.
4.3- The project service(s) agreed will be performed as the CineRobota’s servants or agents expertise determines,
CineRobota is not liable for any conditions that prevent CineRobota carrying out the service in part or whole to a professional standard if restrictions are imposed upon us by the client or any third party.
4.4- CineRobota will not be liable for any radio signal losses, battery failures, equipment failure, data loss and or material defects, which are beyond our control.
4.5- Every effort is made to ensure perfect colour and lighting reproduction, but certain conditions may not be accurate such as mixed indoor and external lighting, hard shadows, and low lighting conditions and CineRobota will not be responsible for these factors beyond our control.
4.6- CineRobota reserves the right to refuse to record, use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason or permission to use the “unsuitable” information, its inclusion may be considered.
4.7- When editing CineRobota reserves the right to limit the client when asking for changes to two revisions per video, beyond this CineRobota will quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract.
4.8- On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by CineRobota. Any claims must be made in writing to CineRobota within 7 days of receipt of goods. If no claim is made the client is deemed to be happy with and have accepted the goods detailed in the contract.
4.9- CineRobota cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
5.1- PROFESSIONAL INDEMNITY: CineRobota shall subject to clause 5.2, be liable for, and shall indemnify the client against any claims for negligence, breach of duty of care, negligent misstatement or negligent misrepresentation, infringement of intellectual property rights including copyright, patent, trademark or moral rights, defamation, dishonesty of CineRobota partners, directors, employees or self employed freelancers directly contracted by CineRobota and under CineRobota’s supervision.
5.2- The total professional Indemnity liability of CineRobota under this agreement shall be limited to £100,000.
6.1- PUBLIC LIABILITY: While carrying out the contract CineRobota subject to clause 6.2 shall indemnify the client for third party claims made for bodily injury, property damage, personal injury and denial of access that CineRobota is responsible or liable for.
6.2- The total public liability of CineRobota under this agreement shall be limited to £5,000,000.
7.1- NOTICE OF CANCELLATION OR TERMINATION: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, CineRobota reserves the right to make the following cancellation/termination charges:
7.2- Cancellation by the client prior to 48 hours notice will result in any payments made by the client being refunded minus any direct costs already incurred by CineRobota.
7.3- For additional services: cancellation by the client with less than 48 hours notice will result in 50% of total project cost being charged minus any payments already paid, if the client has paid over 50% CineRobota will provide a refund.
7.4- For additional services: cancellation by the client when the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total project cost being charged to the client.
7.5- CineRobota reserve the right to cancel or terminate a contract if:
a). The client becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of CineRobota and anyone connected with CineRobota could be damaged.
7.6- The liability of CineRobota is limited to any payments already made if CineRobota is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to CineRobota, elect to terminate the contract and pay for any costs already incurred as per clause:7.3.
8.1- DEADLINES & DELAYS: Any contract requiring CineRobota 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 with CineRobota, its employees or agents, as necessary. CineRobota will not be held responsible for any delays cause by not
receiving a reply from the client.
8.2- If a client requires the project ahead of the agreed deadline or on short notice CineRobota reserves the right to add an additional charge in order to prioritise the client’s work over CineRobota’s other clients, the cost will be confirmed and agreed accordingly with the client.
9.1- PERMITTED USEAGE : In consideration of, and subject to, the final payment of full fees due to CineRobota by the client, CineRobota hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
- video, broadcast, theatrical
- advertising, promotion and industry/company communications
- as part of a commercial website for promotional or other communication purposes
9.2- CineRobota retain the right to use any content of the project or video (in part or in full) in perpetuity and in any medium for the purpose of CineRobota promotional use, unless otherwise agreed in writing with the client.
- RESTRICTIONS ON USE : A project will only be publicly released by CineRobota and the client once both parties (CineRobota and the client) approves all content as complete and satisfactory and confirms this in writing. Clients are not permitted to release any form of preview/work-in-progress content to the public or their end user.
- The client may not resell or re-license the video CineRobota provides without confirmed permission from CineRobota. Modifying and/or using as a derivative work is prohibited unless otherwise agreed. Video may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner.
- CONFIDENTIALITY AGREEMENT: Any confidential or proprietary information which is acquired by CineRobota 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, CineRobota will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
- The client shall keep confidential any methodologies and technology used by CineRobota to supply the production(s) orvideo(s).
- SOCIAL MEDIA & PUBLISHING: In order to carry out additional services CineRobota may keep login information for the client’s social media available for use until the contract expires upon which time it will be delete.
- CineRobota shall not share or disclose any confidential information such as login e-mails and passwords to any 3rd party under any circumstances under the control of CineRobota with the exception of the website the login information is needed.
- CineRobota will only use login information to carry out the agreed services, with all actions cleared with the client beforehand.
- CineRobota shall not be held liable for any damages arising from publishing any media, video, audio or text, once the client has approved the content to be published on their behalf.
Any concerns regarding these conditions please let us know otherwise we look forward to working with you!