Last Modified: 17th March 2024
For the purposes of these terms, ‘The Service Provider’ refers to Reason Video Ltd, whether trading as itself, David Brown Video Engineer, or 'lampywithacamera'.
‘The Client’ refers to anyone engaging the services or work of The Service Provider.
1. General Terms
1.1. The relationship between The Client and The Service Provider will be that of 'independent contractor' which means that The Service Provider is not The Client’s employee, worker, agent or partner, and The Service Provider will not give the impression that they are.
1.2. The Service Provider will be fully responsible for all their own tax including any National Insurance contributions arising from carrying out the Services.
1.3. These terms are an outline guide and do not attempt to cover every situation or eventuality.
1.4. These terms are generic and apply to all engagements undertaken by The Service Provider.
1.5. These terms can be extended or amended by engagement-specific contracts or Implied Contracts (see
section 3).
1.6. Acceptance of initial estimate, or confirmation of booking, (verbally, in writing or by issuing of a purchase order) will be deemed as acceptance of these terms, in full, unless specified otherwise. Any terms issued by The Client or a third party, after acceptance of an estimate (for example by issuing a PO) will not supersede or amend any of these general terms. These terms always take precedence over client terms unless otherwise agreed in writing.
2. Scope
2.1. The Service Provider is engaged for the duration of the project as defined at estimate stage.
2.2. Engagement is terminated either by explicit calendar duration or by delivery of deliverables defined at estimate stage.
2.3. Any changes to timeframe or deliverable requirements made after initial estimate will be subject to additional estimates and charges.
2.4. Services are rarely offered on a buyout basis unless specifically defined at estimate.
3. Implied Contract
3.1. In absence of a formal written contract extending these general terms being drawn up for a specific
engagement, any written communication (e.g. emails, instant messaging, SMS) between The Client and The Service Provider prior to commencement of works (whether prior to or following estimate) will be deemed the implied contract and will define the scope of works.
3.2. The above will also apply in absence of a formal estimate.
4. Rates
4.1. Standard Day Rate is based on an 11 hour day including travel time and suitable breaks (minimum 1 hour).
4.2. Travel days may be charged at a reduced rate at The Service Provider’s discretion only.
4.3. Days involving both travel and on-site work, including build or break, or warehouse prep, will be charged at full rate.
4.4. Days over 11 hours including travel and breaks will be charged at a variable higher rate dependent upon circumstances.
4.5. In the event that The Service Provider is not made aware of longer days prior to an estimate being issued, hourly overtime rates will apply, and will be added to the invoice.
4.6. Lack of reasonable overnight break between multiple days of an engagement will incur additional charges.
4.7. When billed hourly, minimum call for on-site work is 4 hours.
5. Expenses
5.1. Unless provided directly by The Client, any reasonable expenses incurred by The Service Provider in the course of undertaking the Works, including but not limited to; Travel, Accommodation, Subsistence, may be charged to The Client.
5.2. Any unforeseen costs incurred due to scope creep or other changes to the project definition may be charged to The Client.
6. Accommodation Provision
6.1. If accommodation is to be provided by The Client the following conditions apply, unless by prior written agreement;
6.2. Accommodation must be en-suite
6.3. Accommodation must be a lockable room, with double bed, for sole use of The Service Provider, shared accommodation is not acceptable.
6.4. If accommodation is provided, but breakfast is not included, The Client should make this clear to The Service Provider prior to estimating, so that reasonable additional subsistence charges may be included in the estimate.
6.5. If any of the above accommodation terms are unable to be met, this must be discussed with The Service Provider as soon as the information is known to The Client.
7. Rights
7.1. The Service Provider grants to The Client, upon payment receipt and not before; non-exclusive ‘intellectual property rights’ (such as copyrights, or rights in designs) which arise in relation to any work prepared by The Service Provider in the course of carrying out the Services (called 'Works'), and any ideas or inventions or innovations (called 'Inventions') they come up with in the course of carrying out the Services. This applies whatever form those Works or those Inventions take. The Service Provider agrees that if they are prevented by law from transferring these things to The Client, they will hold them on The Client’s behalf, on the basis that the law calls ‘on trust’.
7.2. Unless explicitly agreed in writing otherwise, these rights are non-exclusive and The Service Provider retains equal rights to the above including the right to use any material created as the basis for future works or in promotional material.
8. Cancellation Charges
8.1. Late cancellation of an agreed engagement will incur charges as outlined below.
8.2. 7 and more days prior to the engagement – no cancellation fee applies, however any expenses already
incurred, or pre-production work already undertaken, will be charged to the client.
8.3. 6 – 4 days prior to the engagement – 50% of the agreed fee
8.4. 3 – 2 days prior to the engagement – 75% of the agreed fee
8.5. On the day prior to the engagement –100% of the agreed fee
8.6. All seven days of the week count for the notice period.
8.7. For the purpose of calculating the number of days notice given, the day on which notice is given is included but the first day of the engagement is not.
8.8. If the period of engagement is three days or less, the cancellation fee applies to the whole engagement. If the period of engagement is more than three days, then each day is a separate engagement and the cancellation fee is calculated for each day. Build days, recce days, operational days & strike days are all considered as an engagement.
8.9. These terms apply to site-only engagements, if engaged for pre-production work before site work commences, alternative calculations prevail, taking the APA recommended terms as a guide.
9. Payment
9.1. Payment of the first invoice is required within 7 calendar days of invoice date. Additional credit terms may be negotiated after on-time payment of the first invoice.
9.2. Invoices will usually be issued 1 calendar day following completion of services.
9.3. Payment must be made by bank transfer to the details on the invoice unless by prior arrangement.
9.4. If payment is to be made by cheque a £15 surcharge will be imposed on the invoice and must be included by The Client.
9.5. Partial invoice payment or a deposit may be required before work commences if upfront costs are incurred by The Service Provider or the project has long duration of work.
9.6. Interest will be charged on any late payments in line with current government guidance, in addition to a fixed late payment charge, also in line with government guidance.
9.7. Any issues, errors or grievances with any invoice submitted by The Service Provider to The Client must be brought to the attention of The Service Provider, in writing, within two (2) working days of the date of invoice issue, marked on the invoice.
9.8. Repeated failure to meet payment terms or deadlines may result in a non-negotiable reduction of credit terms, and/or partial or total upfront payment requirements.
10. Resource Provision
10.1. The Service Provider will, to the best of their ability, provide, or arrange to be provided, all necessary resources, tools, equipment or subcontractors as required to fulfil the brief and scope of the engagement.
10.2. The Client accepts that any additional resources required as a result of changing scope or requirements will not be covered by the above.
10.3. Equipment and resources provided by The Service Provider will be in accordance with, and not beyond the scope of, the technical rider, specification or brief provided by The Client.
10.4. Any equipment or resources required by the project will be specified by The Client and agreed to by The Service Provider prior to estimate, or in absence of an estimate, prior to commencement of works.
10.5. Equipment and resources outside of this agreement cannot reasonably be expected to be provided.
11. Insurance
11.1. The Service Provider is insured for Public and Products Liability to £10,000,000. This insurance covers the UK, EU and Rest of World, subject to limitations. Certificate of insurance is available upon request.
11.2. The Service Provider has adequate insurance cover for their own tools and equipment only. Insurance cover for hired, or client-owned equipment is the responsibility of the client and/or equipment vendor.
11.3. The Service Provider cannot be held responsible for loss or damage to client or third-party equipment, unless directly caused by The Service Provider, during the period of engagement.
12. Driving Services
12.1. The Service Provider is licensed to drive vehicles up to 3.5T GVW.
12.2. If The Client requires The Service Provider to drive a loaded van, The Service Provider must be invited to supervise the loading of that vehicle.
12.3. If that is not possible, The Client must provide a loading document detailing the payload capabilities of that vehicle as well as an itemised and weighted list of all items or cases loaded.
12.4. In the event The Service Provider is stopped by law enforcement for driving a vehicle which is overloaded and The Service Provider was not invited to supervise the load, The Client will be liable for the full value of any fines incurred and any increase in The Service Provider’s insurance premiums for 6 years from the date of the incident.
13. Travel / Flights
13.1. Airport Parking for Reason Video company or staff vehicles must be booked directly by Reason Video. Bookings made by clients or third parties will not be accepted without prior approval.
13.2. In the event that third-party-booked parking is provided, and it turns out to require key-drop, or is unacceptable to Reason Video for any other reason, the client will be liable for the full cost of alternative parking.
13.3. If Reason Video staff or contractors are flying with equipment or tools in addition to personal items, Speedy Boarding / Priority Boarding and Fast-Track Security options are required, if available with the relevant airports and airlines.
13.4 Travel to/from the airport, as well as time in transit is all considered billable time and will be included on estimates and invoices.
13.5 Early morning departures or Late night arrivals may require hotel accommodation at the airport.
13.6 For flights of more than 6.5 hours (six hours and 30 minutes) in duration, travel must be in premium economy class or higher.
13.7 For work outside of the UK or Europe appropriate working visas must be provided. Reason Video staff and contractors will not work under false pretences of leisure or business travel arrangements.