In these Conditions:
“The Company” means Colour By Rogers Limited;
“The Client” means the person, firm or company using the services of the Company;
“Services” means the services forming the subject of the contract between the Company and the Client;
Overview
Estimates given are guidelines only. If work carried out exceeds the estimates, the agreed unit rate will be charged pro rata.
It is assumed that production will be supplying the rushes data will on hard drives and not tape, card or any proprietary format unless otherwise agreed.
The estimate allows for the DI post production to be undertaken and delivered at 2K / 1080p resolution unless otherwise agreed.
This estimate is valid for the next 30 days.
Rates
Rates agreed refer to a standard day (8 hours within 9am-7pm period) unless otherwise agreed.
An hour of additional time (at The Company’s discretion) will be given on standard day bookings FOC.
Beyond this, overtime will be charged at the hourly rate, going up to standard time +30% past 9pm.
Weekends will be charged as overtime at standard time + 50%. Minimum booking duration during weekends is 4 hours. Overtime beyond 12am will be charged at standard time + 100%.
Rate does not include taxis, hotels etc needed for crucial staff held back late.
Each studio comes equipped with a standard set of tools and equipment. Any items requested, including software plugins, that are not standard will be charged separately. A full list of available tools can be requested at any time.
A range of complimentary refreshments will be provided by The Company, all other food, drink etc. will be charged on as extras.
Outside the agreed times, all services are offered on a pro-rata basis, at the price displayed in the quote (minus any discounts)
Expenses
The Company will pass on the cost of all additional expenses incurred by the production, for example taxis, couriers, consumables, printing, phone calls, and meals.
Payment Terms
Standard payment terms are 30 days from invoice unless otherwise agreed in writing
If an invoice is not paid within standard payment terms (30 days) + 14 late (44 days from invoice), any discounts charged on invoice are revoked and the client will be billed for the services at standard rate card.
The Company reserves the right to charge interest on late payments and compensation for debt recovery costs.
Storage and Archiving
Data storage will be clearly marked in the quote. Any additional data storage required will be charged at the rate displayed in the quote. If productions anticipate large storage requirements then The Company may request that production provide their own storage device.
Only the minimum amount of media will be transferred to online storage systems. RAW rushes will not be necessarily kept on online storage once they have been debayered and/or processed for use.
Unless instructed to the contrary, The Company will delete all client data 30 days after producer acceptance of the delivery materials. If the client requires The Company to store or archive materials after this period, storage charges will apply. It is the responsibility of the client to inform The Company in writing of any future archiving requirements before work takes place, for which a quote will then be issued. If the client requires the files to be restored from archive in the future, charges will apply.
The Company reserves the right to archive elements of work completed for the production by The Company.
Bookings and Cancellations
The Company operates a pencil and confirm booking policy. Pencils will be held until another client seeks the booked time. In this case an option to drop or confirm will be offered.
Bookings must be confirmed at the latest 3 days before the booking takes place.
Once confirmed, if a cancellation takes place, the charge will be 50% of the total booking cost within 48hrs of start time, and 100% within 24hrs.
Although The Company will make best efforts to find another time, The Company accepts no responsibility for accommodating further bookings in the event of a cancellation.
Client Sign Off
It is the client’s responsibility to attend the final QC/review and ultimately sign off a completed project prior to delivery. If they are unable to attend final viewing the client shall be deemed to have accepted the work carried out in all respects.
To the extent that any completed programme sound and/or picture content is supplied by the client to The Company for the purpose of creating deliverable copies (“Third Party Content”), the client represents and warrants that the client is in all respects satisfied with the technical and editorial sound and/or picture of such Third Party Content.
For the avoidance of doubt, the client shall bear the full cost of rectification in the event that:
Third Party Content fails any mandatory QC test or does not meet any other requirement of the relevant broadcaster of the programme.
Any programme content does not meet the requirements of the relevant broadcaster/ distributor