Terms of service

Definitions

In these terms and conditions, unless the context otherwise requires:

  • Consumer: Means any individual who acquires CSM’s services wholly or predominately for personal, domestic or commercial use.

  • Customer: Means any person or entity requesting CSM to provide Services.

  • CSM: Means Channel Street Media, LLC of 22 Channel St, Hull, MA, 02045.

  • Agreed Fee: Means the fees estimated by CSM in any quotation once accepted by the Customer.

  • Materials: Means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to CSM for the purposes of CSM supplying the Services.

  • Raw Footage: Means master footage recorded by CSM as part of provision of the Services.

  • Services: Means video production and/or post production services.

 

01. application

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by CSM with any Customer in relation to the provision of Services by CSM. All work carried out by CSM is on the basis that the Customer has agreed to these Terms and Conditions.

 

02. Quotations

Quotations can be calculated through two methods.

  1. By estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Two rounds of Customer changes and/or revisions is included in each quotation.

  2. By estimating the complexity and scope of an end product, with Services provided under typical circumstances. Two rounds of Customer changes and/or revisions is included in each quotation.

    If the Customer instructs CSM that significant changes and/or revisions to the scope of the Services described in a quotation are required then CSM shall be entitled to charge an additional Agree Fee based on a further quotation..

03. Cancellation

If the Customer has engaged CSM to provide Services on a specified date, the Customer may notify CSM in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).

If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.

If the cancellation is made more than 48 hours prior to the day on which CSM has been engaged to provide the Services, the Customer must reimburse CSM for any expenses incurred by CSM in preparation for provision of the Services.

If the cancellation is made between 48 and 24 hours prior to the day on which CSM has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.

If the cancellation is made within 24 hours of the time at which CSM has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.

If the cancellation is made while CSM is providing Services to the Customer, the Customer must pay the Agreed Fee in full.

04. payment

The Customer will pay to CSM the Agreed Fee in the following manner:

100% of the Agreed Fee balance will be payable within 30 days of the date of any final invoices submitted in respect of the Services. If any CSM invoice or part thereof is not paid within 30 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate 2.0% of interest per month after the payment due date.

05. Variations (additional quotation applies)

CSM will provide the Customer with one (1) ‘draft copy’ of an initial edited video file. The Customer must notify CSM of all proposed changes within fourteen (14) days of receipt of the draft copy by the Customer.

Once the proposed changes have been made, CSM will provide the Customer with a ‘revision copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented.

The Customer then must notify CSM of all final proposed changes within seven (7) days of receipt of the revision copy by the Customer.

After the final draft copy is delivered, no new changes may be requested unless the Customer purchases another variation. The Customer must notify CSM of any errors in the final draft copy within fourteen (14) days.

CSM may refuse to make any further changes. The Customer acknowledges that some changes may not be possible.

06. Venue Location Fees & Permissions

The Customer must obtain any necessary consent or permission and pay any fees which may apply for CSM to film at a particular venue, location or event.

07. Artistic License

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. CSM reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by CSM on request.

08. Customer’s Materials

All Materials are used and stored by CSM solely at the Customer’s risk and CSM is under no obligation to insure any Materials.

Neither CSM nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;

CSM will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with CSM even though such person is present during and involved with the performance of the Services; and

The Customer must retain a master copy of each and every recording delivered to CSM for the purposes of the Contract.

09. Customer Acknowledgements

The Customer acknowledges and agrees that:

CSM will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by CSM will be transferred to the Customer until the Customer pays all amounts due to CSM in full.

The Customer acknowledges and agrees that upon payment of all outstanding invoices due to CSM, the Customer is entitled to receive the finished works, but has no entitlement to the working files of CSM.

The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by CSM are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of CSM, its employees and subcontractors.

10. Project Delays and Client Liability

Any estimate of the date by which CSM will complete any part of the Services is contingent upon the Customer providing complete instructions to CSM and fully cooperating with CSM until CSM has ceased providing Services to the Customer.

The Customer must appoint a person who has complete authority to provide instructions to CSM and respond to requests for feedback until CSM has ceased providing Services to the Customer. The person appointed must be available to respond to communications from CSM on every day which is a business day in the United States.

11. Recorded Material

  • Ownership

The Raw Footage, video files, audio files and edited video files including all copyright remain the property of CSM until full payment is made for the Services.

Where Services remain unpaid or in the event that a final agreed payment is not made, CSM reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.

Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by CSM will remain the property of the author or legal entity owning the copyright.

  • Special Provisions for Ownership

CSM reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to CSM.

CSM has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between CSM and the Customer. The copyright of such segments will belong exclusively to CSM.

  • Disposal

Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, CSM reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

  • Raw Footage

The Customer may purchase Raw Footage in viewable format for an additional fee of $200.00 per day of footage. If the Customer requires any Raw Footage to be provided by way of a separate hard disk, then Customer must pay CSM an additional fee of $250.00.

12. Failure of Equipment or illness of CSM employees and contractors

Whilst all reasonable care and preparation is taken for videography and editing, CSM will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by CSM or because of an unforeseen event or any dispute regarding the ownership of recorded materials..

13. Right of Refusal or Termination

CSM reserves the right to terminate the provision of Services, if:

the videographer, or any person(s) employed or contracted by CSM is placed in a position where there is an actual or apparent risk of injury;

or there is a risk that any of the equipment used may be damaged. If CSM terminates the provision of Services then any Deposit paid by the Customer is non-refundable.

Should any of the circumstances outlined in clause 18.1 occur, CSM may seek compensation from the Customer for any loss or damage suffered.

14. Warranties and Liability

We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.

We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.

Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.

Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.

You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.

Any claim that you may have against us must be notified to us in writing within one month of the claim arising.

16. Force Majeure

If CSM cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then CSM’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable

17. Legal Costs

The Customer will be liable for any legal costs incurred by CSM in the recovery of unpaid invoices on an indemnity basis.

18. Privacy

All information received by CSM from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

19. Applicable law

These terms and conditions shall be governed by Massachusetts law and subject to the exclusive jurisdiction of the Massachusetts Court System.

20. Amendment

CSM reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.