Inquiry
Any verbal communication between Constellation Films Ltd. (‘We’) and ‘You’, ‘The Client’ including but not limited to: inquiries, verbal estimates, advice or feedback prior to the signing of a Production Contract shall not constitute a legal or binding agreement between both parties.
Client Confidentiality
Confidential material of any kind belonging to The Client disclosed to Constellation Films Ltd. by direct or indirect means will not be disclosed to any third person, party or entity by Constellation Films Ltd., unless required to do so by law.
Personal Data and GDPR
Constellation Films Ltd. undertake not to use The Client’s personal data for any purpose other than participation in the Service, as required by law. We undertake to ensure appropriate measures (e.g., password protection, devices stored in a secure place) are in place to protect against unauthorised or unlawful processing of any such personal data and against accidental loss or destruction of, or damage to personal data. We undertake to ensure everyone who has access to any such personal data is obliged to keep it confidential. We ask Clients to notify Constellation Films Ltd. immediately on becoming aware of any data breach.
Health and Safety and Safe Conduct
The Client will be responsible of the Health, Safety and Safe Conduct of all Constellation Films Ltd. staff and employees while on its premises. The Client must inform Constellation Films Ltd. of any risks to person, both potential or real that include, but are not limited to: working at height, working in the dark, noise, hazardous materials, areas of high recorded street crime, persons with volatile or threatening behaviour, risk of civil disobedience, etc. Constellation Films Ltd. will automatically conduct a Risk Assessment of all shooting locations during pre-production and will under no circumstances agree or permit staff or employees working in an environment where the Health and Safety of staff or other persons could be compromised. Constellation Films Ltd. staff reserve the right to withdraw from any situation they believe to compromise their Health and Safety.
Safeguarding
The Client must inform Constellation Films Ltd. if any staff are to be working with vulnerable individuals, including but not limited to: children under 18, people with lived experience of trauma, people with a physical, neurological or learning disability, anyone without capacity to make judgements that affect their personal safety or well-being and the Client must take full responsibility for the safeguarding of these individuals. If vulnerable individuals are featured or involved in the production of these films the Client must agree to ensure Constellation Films Ltd. Staff are always accompanied by trusted staff in the presence of vulnerable individuals.
Contracts
Contracts are to be agreed on a project-to-project basis. If the client wishes to enter a contract with Constellation Films Ltd. whose terms are extra to or run contrary to the Terms and Conditions set our below, or any Terms and Conditions set out in the Constellation invoice, the client must point out these terms in writing to Constellation Films Ltd. prior to signing the contract.
Unseen Expenses
All extra expenses, for example including travel, telephone, transport and deliverables will be included in the original project budget. Should unforeseen expenses occur after the agreed budget has been signed off, these will be communicated to the Client in writing. These expenses would only be incurred with the Client’s written agreement.
Re-scheduling At Short Notice
Should the Client need to re-schedule (move the dates in the agreed Production Schedule) at short notice after the Production Schedule has been agreed, the client might incur additional costs. Where possible Constellation Films Ltd. will try to meet these changes without any additional cost to the client but if additional costs are to be incurred, this will be communicated to the Client in writing and if the Client desires to proceed, the Client will be liable for said costs.
Insurance
Constellation Films Ltd. undertakes to cover all Services with adequate insurance to cover including Production and Public Liability.
Termination Notice
The Client may terminate the contract at any time by written Notice of Termination, whereupon the Client will be liable for all outstanding costs. The settlement of these costs must be made within 7 days of said Notice of Termination.
Deadlines
If The Client requires Constellation Films Ltd. to work to a deadline or deadlines, these must be communicated to Constellation Films Ltd. in writing as soon as they are known to The Client.
Communication
The Client undertakes to be make all reasonable endeavours to communicate with Constellation Films Ltd. during the production process. This is particularly important in deadline sensitive projects. If an unforeseen deadline which emerges during Production that demands a Re-Schedule, the terms under “RE-SCHEDULING AT SHORT NOTICE” above will apply.
Extra or Additional Content
If the client requires extra material of any kind for the project once the Production Budget or Schedule has been agreed, this will constitute an ‘Add-On’ to the Budget and Schedule. This will require additional budgeting and scheduling and once agreed in writing, the costs of producing this extra material must come from the client.
Cancellation
Cancellation of a project must be done in writing. If cancellation occurs at short notice will incur a cancellation fee that will include all costs to Constellation and its employees up and until the point of written notice. Any monies belonging to the client (excluding costs) held by Constellation Films Ltd. will be returned to the client, minus bank transfer costs if transfer costs apply.
Errors and Omissions
Constellation Films Ltd. cannot be held liable to any party for any errors or omissions on any medium after the client has agreed in writing that the content is correct and can be broadcast or published.
Loss and Damage
Constellation Films Ltd. will not be liable for loss or damage caused as a result of third party action or failure.
Acts of God
Constellation Films Ltd. shall be under no liability to undertake the production or terms of the production if impeded to do so by reasons beyond its control including (but not limited to): Act of God, Legislation, War, Terrorism, Industrial Action, Failure of Power Supply or any action taken by suppliers or an inability to acquire or procure materials required by the terms of the contract.
Delivery
Constellation will deliver the contracted material to the client according to the times and formats specified by the Production Contract.
Duplication
Should additional copies (for example, but not limited to: extra hard drives or DCP’s) unspecified by the Production Contract are required by the Client, delivery of such copies will be subject to additional cost to be agreed in writing between Constellation Films Ltd. and The Client.
Copyright
After full payment for the project has been received, Constellation Films Ltd. will automatically assign all present and future copyright of the Title Project in all media to The Client. Constellation reserve the right to use commissioned material for the purpose of marketing.
Equal Opportunities
Constellation Films Ltd. is committed to fairness in hiring and treatment of all employees, regardless of protected characteristics like age, gender, race, religion, or disability, in line with the UK Equality Act of 2010.
Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Constellation Films Ltd. failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between The Client and Constellation Films regarding our Service.