Production quotes and costs
All quotes are free and valid for thirty (30) days unless otherwise agreed or stated. Acceptance of a quotation and/or issue of a purchase order from the client, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between MPS Digital and the client.
Costs will be discussed during initial meetings between the client and MPS Digital. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified, agreed in writing and charged accordingly to the client.
Production fees are exclusive of disbursements and expense items such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disc or tape duplications, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
MPS Digital will not commence work on any project until a signed purchase order or equivalent document or email has been provided by the client.
Unless agreed otherwise, MPS Digital reserves the right to request 50% (exclusive of VAT) of the invoice as a deposit which must be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining 50% shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
Notice of Cancellation or Termination
Prior to commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, MPS Digital reserves the right to make the following cancellation/termination charges. Cancellation by the client with less than 48 hours notice may result in up to 50% of total charge minus any deposit paid. Cancellation by the client prior to 48 hours notice may result in a charge being made to cover costs already incurred. 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 charge being made.
MPS Digital reserve the right to cancel or terminate a contract if:
a). You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of MPS Digital and anyone connected with MPS Digital could be damaged.
The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by MPS Digital unless any other written agreement is reached in advance.
A project will only be publicly released by MPS Digital and the client once both parties (MPS Digital 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 without express permission from MPS Digital.
MPS Digital reserves the right to refuse to 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 to use the “unsuitable” information, its inclusion may be considered.
MPS Digital shall be under no liability if 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 MPS Digital, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
MPS Digital cannot be held liable for loss or damage caused as a result of third party action or failure.
Copyright and ownership
In alignment with UK law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned, Maciver Project Services Ltd assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.
In consideration of, and subject to, the final payment of full fees due to MPS Digital by the client, MPS Digital 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
The client may not resell, relicense, redistribute without express written permission from MPS Digital. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
MPS Digital 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 MPS Digital promotional use, unless otherwise agreed in writing with the client.
Any confidential or proprietary information which is acquired by MPS Digital 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, MPS Digital will sign and adhere to the conditions of any Confidentiality Agreement used by the client. Likewise, the client shall keep confidential any methodologies and technology used by the MPS Digital to supply of the product(s) or service(s).
Unless otherwise agreed in writing, the client accepts MPS Digital’s decisions on creativity within the product(s) or service(s).
Until all payments are made in full, the copyright and ownership of all edits and material shot or created remains the full copyright and ownership of MPS Digital Productions Ltd. Any material published that has not been fully paid for, will be copyright-claimed by MPS Digital Productions to the publishing platform.
MPS Digital reserves the right to watermark all or any, preview or completed videos until the total bill is paid in full – at which point, the clean ‘public ready’ final version will be released to the client.
Payment may be made by bank transfer or cheque. All cheques must be made payable to Maciver Project Services Ltd. Bank transfer (BACS) is preferred. BACS information will be issued at the point of invoice.
On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by MPS Digital. MPS Digital reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract.
Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a £350 (ex VAT) re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing QC.
MPS Digital 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.
Any claims must be made in writing to MPS Digital within 7 days of receipt of goods. If no claim is made within this period, the client is deemed to have accepted the goods at the agreed price.
Provision of footage / rushes / project files
If a client takes all footage (or copies of all footage and material) away from MPS Digital – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. MPS Digital will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from MPS Digital’s media server and hard drives at any point in the future.
Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of MPS Digital, and copies will be given over to client at the discretion of MPS Digital. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.
Rushes (all filmed footage) are not supplied to the client as standard. Rushes/video files can be supplied for an additional fee of £350 ex VAT (plus the cost of a hard drive and postage). Rushes can be supplied WITH edit project files / edit timelines for a fee of £750 ex VAT (plus cost of hard drive and postage), which includes the transfer of MPS Digital’s intellectual property rights on the timeline sequences.
Unless you specify otherwise, it is standard procedure for us to include a small MPS Digital text credit at the end of all videos.
Once you publish your video into the public domain, it is assumed to be acceptable by you (unless otherwise stated by you) for any talent that feature in your video (including voiceover artists, contributors, actors and presenters) to use and publicise their appearance in your video for the purpose of the talent’s own showreel and marketing use (in whole or part use).
Unless otherwise specified, the default filming format and resolution for MPS Digital Productions is 1080HD PAL at 35mbps.