TERMS OF SERVICE
1. DEFINITIONS
Throughout these terms, please note that:
a) “Company”, “We”, “Us”, “Our”, “Ourselves” refers to BeamOut Studios
b) “Client”, “You”, “Your”, “Yourselves” refers to the person/s, firm, organisation, agency, or company to whom the quote/invoice is issued
c) “Party” refers collectively to BeamOut Studios and the person/s, firm, organisation, agency, or company to whom the quote/invoice is issued
d) “Service” and “Services” refers to any service provided by the Company to the Client
e) “Agreement” refers to any part of the Services provided by the Company that has been agreed to by the Client, either verbally or written, and shall form part of the overall Agreement
2. SUPPLY OF SERVICES
The Company agrees to supply the Service to the Client as detailed in the Preliminary Outline Document (POD), or the quote/invoice according to these Terms of Service.
Please note:
a) We are not event organisers and therefore We will not make decisions as to the structure, design, layout, or format of Your event, unless they may directly have an effect on Our ability to film/live stream
b) We expect the event venue to be laid out according to floorplans that have been previously agreed with You, and We will not be expected to move furniture or arrange/rearrange a room that has not been laid out as agreed
c) We may not be able to accommodate event layout, agenda, or plan changes that have not been agreed with Us in writing at least 48 hours before Your event
3. FORCE MAJEURE
“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:
3.1 collapse of buildings, fire, explosion, or accident; and
3.2 interruption or failure of utility Service
If a Party is prevented, hindered or delayed in or from performing any of its obligations under their Agreement by a Force Majeure Event neither the Company nor the Client shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended or re-arranged accordingly to a mutually convenient time for both parties.
4. RIGHTS RESERVED
The conditions, rights, and remedies provided under this Agreement are in addition to, and not exclusive of, any conditions, rights or remedies provided by law.
Should the Company choose not to enforce any or all of these conditions, rights, or remedies it should not be interpreted as a waiver of any of the Company’s rights. By agreeing to receive a quote, the Client automatically accepts these terms and conditions.
No one other than a Party to this Agreement shall have any right to enforce any of its terms.
5. QUOTES
All quotes prepared by the Company are accurate at the time of issue and valid for the following time periods:
a) Quotes issued 60 days or more before an event are valid for 30 days
b) Quotes issued less than 60 days before an event are valid for 21 days, unless otherwise agreed
c) Quotes issued less than 30 days before an event are valid for 14 days, unless otherwise agreed
6. BOOKING AND PAYMENT
a) Payment of a 50% non-refundable deposit is required in order to secure the date of Your event (please also refer to Section 15. REFUNDS)
b) The outstanding balance must be paid in full upon receipt and approval of watermarked video drafts. Once payment has been received we will upload the final video renders within 24hrs to the private Google Drive client folder
c) All payments must be made by bank transfer to the details provided on the invoice
d) We do not provide payment options, and all services must be paid for in full before the final handover of content
7. TRAVEL AND ACCOMMODATION
a) All quotes are inclusive of travel expenses up to a distance of 80 miles or a travel time of 2 hours from Lincoln
b) For distances further than 80 miles or 2 hours We reserve the right to charge any travel expenses that may be incurred alongside the standard mileage rate of 0.45p per mile at Our discretion
c) For events where the travel time exceeds 2 hours and where access for setup is required before 8am (please refer to Section 8. ACCESS AND SETUP) accommodation for the night prior to the event will be chargeable to You
8. ACCESS AND SETUP
a) Access to the venue where Your event is taking place is required no less than 3 hours before the event is due to start to allow enough time for setup, and for conducting the necessary visual, audio, and lighting checks
b) Please bear this setup time in mind when booking Your event
c) It is Your responsibility to ensure access to the venue can be granted to Us where setup is needed outside of normal working hours of the venue
d) Where Your event is scheduled for more than one day, during the recce We will carry out an assessment of the security risks of leaving Our equipment assembled until the following day. If We are not satisfied of the safety of Our equipment on the day of the event, We will dismantle and re-build the setup the following day. If this has not been accounted for in Your invoice, this time will be chargeable at an hourly rate of £60, rounded up to the nearest hour
9. REQUESTS FOR CONTENT
a) In order for Us to adhere to agreed timelines all requests by Us from You for content must be fulfilled within 48 hours unless otherwise agreed.
b) These requests could include, but are not limited to:
1. Brand guidelines
2. High quality transparent image files of logos
3. Corporate graphics/images/videos that are required to support the video
4. Full names and titles of all event guests
5. Running order of Your event
6. Floorplans
10. LIVE STREAM RUN TIME
a) Unless otherwise discussed in writing, all start and end stream timings agreed prior to the event are to be strictly adhered to
b) If Your event runs over its allotted timeframe without prior consent in writing, We reserve the right to end the live stream at the agreed time. If We have the availability and We do decide to continue streaming, any additional time will be charged at £120 per hour rounded up to the nearest hour
c) If a delay is inevitable due to unforeseen or unavoidable circumstances continuation of the stream and associated charges will be at Our discretion where the venue allows
11. INTERNET CONNECTION
a) We will only provide a live streaming Service where We are able to hardwire into the internet via an ethernet cable into a port and where the internet connection available is fast and stable enough
b) A minimum speed of 8mbps is required in order to live stream without compromising quality
c) As part of Our recce, We will carry out an internet speed test at the event location to establish the speed of the connection and We will monitor this speed throughout Our setup
d) A final speed test will be carried out 20 minutes before Your event is due to go live. If the speed drops below 8mbps at any point We reserve the right to abort the stream and will video record the event instead
e) In the event of slow internet speeds, the Company commits to delivering the recorded event’s video to the Client within 2 business days
12. FINAL DELIVERY SIGN OFF
a) The Company requires the Client’s written approval of any final edits before handover
b) The Client agrees to cover any additional costs incurred by changes advised thereafter to be charged at £60 per hour rounded up to the nearest hour
c) Unless otherwise agreed, completed content will be uploaded to a private Google Drive client folder and a link shared with You once the final invoice has been paid
d) This link will be valid for a period of 14 days after which point the contents of the folder will be transferred to an archive drive
e) Additional fees may be incurred for requests for content that has been transferred to an archive drive
13. DATE CHANGES
a) We must be notified of any changes to the date of Your event in writing as soon as possible
b) If We are unable to accommodate Your new date, We will provide alternative dates
c) In the event that a mutually convenient date change cannot be reached then Section 14. CANCELLATIONS will apply
d) Date changes with less than 7 days’ notice may incur additional fees
14. CANCELLATIONS
a) If You choose to cancel Your event, the Company reserves the right to charge a proportion of the outstanding balance to cover the cost of any work already carried out during the pre-production phase
b) Where an event is cancelled with less than 24 hours’ notice you will be liable for the full cost of our quoted services
15. REFUNDS
a) A deposit is paid to secure the date of Your event and is therefore non-refundable, unless otherwise agreed in writing with the Company
b) Once Your event has taken place the cost of post-production can be considered for refund where You have reason to believe the Company has not performed the agreed Services with reasonable care and skill, or that We are in breach of these terms
c) Any grievances must be brought to Our attention immediately and followed up in writing in order to be considered for a refund
d) You are not eligible for a refund if Your event cannot take place due to slow internet speeds where a recce was carried out and an internet speed check performed and deemed sufficient by Us
16. RUSH FEE
Should You request for the completion of post-production work to be earlier than the agreed deadlines, there will be a ‘rush fee’ applied of £60 per hour for every hour needed to complete the work ahead of schedule, rounded up to the nearest hour. This is subject to Our availability.
17. CHANGES AND AMENDMENTS
a) Pre-production
1. Any requests for changes, additions, and amendments to work carried out in preparation for Your event beyond the agreed deadline and scope of original work will be charged at £120 per hour, rounded up to the nearest hour (please also refer to Section 9. REQUESTS FOR CONTENT)
2. Changes and Amendments can be made up to 48 hours before Your event, unless otherwise agreed in writing with the Company
b) Live production
1. No changes will be accepted on the day of the event, unless expressly agreed to by the Company ahead of the day of the event
2. Where changes could be expected You will ensure the Company is aware of the potential changes at least 48 hours ahead of the event
c) Post-production
1. All post-production work will be agreed during the quote phase and will be invoiced accordingly
2. Any requests for changes to the agreed post-production work must be made in writing to the Company before any editing commences
3. Once post-production starts any changes will be charged at £120 per hour, rounded up to the nearest hour
4. Any severe interruptions to the live stream that require significant editing may be subject to additional costs, unless otherwise agreed with the Company
18. ADDITIONAL REQUESTS
a) Any additional requests for post-production content outside of what has already been agreed will be down to Our discretion and decided based on availability
b) Additional requests will be charged at £60 per hour, rounded up to the nearest hour
19. LIABILITY
a) BeamOut Studios is not liable for any loss resulting from disruption of a live stream due to copyright strikes, power cuts, loss of internet connection, venue equipment failure, or audio/video issues at the event location (please refer to Section 3. FORCE MAJEURE)
b) Providing a reliable and dedicated, high-speed internet connection according to Our specifications, is the sole responsibility of the Client. BeamOut Studios cannot be held liable for any failure of the live stream or any other issues resulting from any disruption or non-availability of this requirement (please refer to Section 11. INTERNET CONNECTION)
c) We shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by You to Us or instructions supplied by You which are incomplete, incorrect, inaccurate, out of date, or illegible, or arising from their late arrival or non-arrival, or any other fault of Yours
d) Except in respect of death or personal injury caused by Our negligence We shall not be liable to You by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this Agreement, which arise out of or in connection with the provision of the Service
e) Except in respect of death or personal injury Our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement between Us shall not exceed either the amount of the price payable by You in respect of the Services We supply to You or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy We hold
f) In the unlikely event of the Company being unable to supply the Services as specified in the invoice, liability shall be limited to the total invoice value – or monies already paid by the Client. The Company will not be liable to provide replacement Services
g) We must be notified in writing within 30 days of Your event of any claim that You may have against Us
20. CARE AND DAMAGE TO PROPERTY
Whilst every care is taken in the handling of the Client’s property, the Company accepts no responsibility whatsoever for any loss or damage due to unforeseen circumstances whilst in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
21. RIGHT OF ASSIGNMENT
The Company may at any time assign, transfer, or subcontract any or all of its rights and obligations under Our Agreement as deemed necessary, and agree to notify the Client of such assignment.
22. PERMITS, LICENSES, AND COPYRIGHT MATERIAL
a) If You intend on using materials that are subject to copyright it is Your responsibility to ensure You hold and at all times maintain all necessary permits, licenses, and permission for using and distributing that material and comply with all relevant legislation in relation to their use
b) BeamOut accepts no responsibility for an interrupted or muted live stream, and any subsequent copyright strikes or notices that are issued to You because of a copyright breach (please also refer to Section. 19 LIABILITY, subsection a.)
23. PERMISSION TO FILM
a) It is Your responsibility to inform anyone attending Your event that We will be filming
b) Where filming does not violate people’s privacy, or contravene laws around filming rights on public and private land, individual permission will not be sought by Us from anyone captured in Our footage
c) Where filming is being carried out on private land, We will assume that You have sought the relevant permissions for filming to take place
d) It is Your responsibility to inform Us of anyone that does not want to appear on camera, and to ensure they are seated out of direct filming line of the cameras
e) Where We have not been informed prior to commencing filming of the omission of specific persons, any significant editing to remove people will incur additional costs charged at £120 per hour rounded up to the nearest hour
24. HEALTH AND SAFETY
a) The Company reserves the right not to operate or work in dangerous or unsafe situations. The Company and Client will observe current Health & Safety regulations and have due consideration for the safety and welfare of staff and the general public
b) It is the Client’s responsibility to carry out necessary risk assessments of the event location and communicate this to the Company
c) It is the Client’s responsibility to ensure the Company is made aware of any health and safety hazards or issues which arise at any point during Our Agreement
25. COPYRIGHT
The copyright to the content We produce for You under the terms of this agreement will be assigned to You along with the completed content during handover, strictly subject to the following conditions:
a) Payment in full has been received for the initial invoice and any subsequent fees and charges that may have been incurred as per the terms of this agreement
b) You grant Us a royalty free license to use the assigned copyright materials produced and edited by Us for Our own promotional purposes such as show reels, demos, and other such activities to be shared across Our social media platforms and/or website without seeking further permission from You
26. STORAGE
a) All captured footage is stored temporarily on Our hard drives
b) Footage is then transferred to Our PCs for post-production
c) Upon completion, finished content is either uploaded to a private Google Drive client folder, or to an unlisted channel created for You on Our YouTube channel and a link shared with You, subject to no outstanding invoices
d) Raw footage and edited content will then be transferred to an archive drive for long-term storage for up to 12 months
e) Additional fees may be incurred for requests for content that has been transferred to an archive drive
27. CONFIDENTIALITY
a) Unless otherwise agreed the Company will treat any information gained during the supply of Services as being private and confidential
b) Likewise, the Client shall keep confidential any methods or technology used by the Company to supply the Service
c) Neither Party shall use the other Party’s Confidential Information for any purpose other than to perform its obligations under this agreement
28. GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales