Terms & Conditions
Video Production Terms and Conditions Mother Mountain Ltd / Tell Your Story
The term ‘Mother Mountain Ltd’ ‘Mother Mountain Ltd/ Memory Capture’ ‘us’, ‘we’ or ‘our’ ‘the company’ refers to the business. The term ‘you’ or ‘your’ refers to the user or customer to our video production service(s). The term ‘video’ refers to the product and service with which we will supply you. The term “footage” refers to the media content captured by our cameras and audio equipment during the production of your project. The term “pre-production” refers to the planning and organisation process that takes place before the production stage. The term “production” refers to the gathering of, or intention to gather, media content (including footage) for use in your project. The term “post-production” refers to the process of importing, editing and encoding the media content for your project, combining this with any additional material including graphical and musical elements.
1. Planning your project
1.1 We will generate a plan and priced package for the production of your project, and this is sent to you as an email or by post if you prefer. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and priced package that is sent to you. Any plans and packages are valid for thirty days from the date of submission.
Please note that
The Company retains the right to charge an extra or unforeseen out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
The plan and package we provide to you is only valid based on the information you give us being true. Any changes in circumstances or requirements may result in an amended plan and package.
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
1.4 A contract is formed between a customer (referred to as the “Customer”) and Mother Mountain Ltd. Mother MountainLtd/Memory Capture (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
2. Deposit payments for video production services
2.1 To secure the provision of our services, a non-refundable (except in those circumstances set out in Section 4.1) deposit payment of 50% of the total amount we charge for your project must be levied.
2.2 You will be sent an invoice for the deposit amount as an email attachment or by post if you prefer. This invoice will be sent upon your acceptance of these terms and conditions. Payment must be cleared before the project start date in order for our service provision to commence.
2.3 On completion and signing of the project ‘ Treatment’ a further 25% of the deposit will be levied this again needs to be paid before the project can continue.
3. Changes and amendments to your project after completion
3.1 We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed seven working days to notify us of any factual changes or amendments you may require. Changes or amendments may only be factual– those that affect the original creative brief are not included.
3.2 Any changes or amendments that affect the creative original brief may be subject to an additional charge.
3.3 Any changes or amendments that we are notified of after seven days of the submission of the watermarked draft may be subject to an additional charge.
4. Our right to cancel
4.1 We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.
4.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
4.3 Upon any discovery of unsafe filming environments relating to the project, or production circumstances that pose a significant risk to our health or wellbeing, we reserve the right to cancel the production session and you will be liable to a charge, as detailed in Section 6.1.
5. Your right to cancel
5.1 You reserve all rights to terminate the provision of our services at any time.
5.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.
5.3 Cancellations during the production stage of your project will result in you being liable for 75% of the total project charge.
5.4 Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge.
6. Cancellation, delay or disruption of production due to client circumstances
6.1 If we attend a production session, or are travelling to a production session which is then cancelled, delayed or disrupted due to you, we reserve the right to levy a daily (or part thereof) charge of £250.00 GBP to cover the cost of our time and expenses.
7. Your personal details and Data Protection
7.1 In order to commence a project, we will require your full details. These details will be held in accordance with the Data Protection Act 1998.
7.2 We will never sell or pass on any of your details to a third party under any circumstances without your consent. These details are for our own records only.
7.3 Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential
8. Late payments
8.1 Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.
8.2 If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 8% over the Bank of England base rate of interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.
8.3 When sending payment by cheque, you must allow for reasonable time for the cheque to be delivered to our offices and paid in to our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.
9. Handling of your project’s footage and files during the project term
9.1 We will take all reasonable steps and precautions to protect the footage files we gather during your project.
9.2 We cannot be held liable if footage files are lost, damaged or stolen whilst in our possession. This includes, but is not limited to, theft under all offences listed in the Theft Act 1968. Other causes of loss of footage may include, but are not limited to, natural/human disasters/events, human error and computer system malfunction or failure.
9.3 In circumstances where footage files cannot be recovered, we will decide whether to re-produce the content at no additional cost to you, or terminate the project with a refund of your deposit.
9.4 In any circumstances covered in Section 9.3, we cannot be held liable for any of your costs incurred for the original project.
Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media only.
10. Storage of your project’s footage and files after the project term
10.1 After a project’s completion, whereby you are in possession of the final project files, it is at our discretion as to whether its related footage and files are stored on our systems. We cannot be held liable if footage files are lost, damaged or stolen after the project is complete.
10.2 You may contact us after your project is complete if you require any further content, and we will advise you as to the status of the original footage and files, and whether this is possible.
11. Rights to the use of a project’s video content
11.1 Where you provide material to us for inclusion in your project (which may include, but is not limited to, logos, images, trademarks, footage and audio), the relevant permission must firstly be obtained from the original copyright holder. By accepting these terms and conditions, you hereby indemnify us against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws attributed to the material.
11.2 We retain all rights to the usage of footage captured during the production of your project. As part of our video production service, we also provide unlimited rights of use of that footage to you.
11.3 We retain all copyright over any content we produce for you. Your licence grants you permission to use the content in the state in which we provide it to you. Permission is not granted to re-edit, copy or alter the content in any way.
11.4 We reserve the rights to use any footage and related files from your project(s) in our showreels and for other promotional purposes.
11/ Compliments and Complaints Procedure
In the event that the customer would like to either compliment or complain about the product or service provided by Mother Mountain Ltd. Mother Mountain / Tell Your Story . The customer should follow the compliments or complaints procedure which is on the company website.
Website Usage Terms & Conditions
The term ‘Mother Mountain Limited’, ‘us’, ‘we’ or ‘our’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice
2 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions
3. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website
4. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence
5. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)
6. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales