Terms of Engagement
These are our terms of engagement agreed between you (the “Client”, which includes any person, company, partnership, organisation or body) and us Bright Blue Media (“CM Media Ltd T/A Bright Blue Media) in relation to the provision of video production and/or creative services and/or animation and/or motion graphics and/or photography and/or other creative services (“Deliverables”).
We create bespoke film content and our fees are based on the specification of the production required. All aspects of the production are clearly laid out in our quotations which will indicate the services we will provide to you. Any extra content outside of the original agreed price, will be confirmed in writing by you before we proceed.
The products and services we provide you, and their associated costs, are set out in the briefing/proposal and/or quotation documents. From time to time we may need to engage third party suppliers for specialist services outside of our offering including, web design and coding, app development, studio space, specialist kit (such as helicopter), presenters, actors and voice over artists. Many third party services require Client approval in writing and this must be received by us before any engagement of these services takes place. Failure to comply with with this process may cause a delay of final deliverables which is entirely at the risk of the Client and is not the liability of Bright Blue Media.
Transparency and accountability
Having agreed a fee; we keep accurate and transparent information of costs relating to your project. For example this can include time, expenses and equipment. If for whatever reason after scoping the project during pre-production stage it is apparent the scope of work has either greatly expanded or reduced beyond what was originally agreed, we will alert the Client immediately that we may be forced to commit more or less resource than budgeted, and come to a mutually satisfactory arrangement.
We manage all of our projects (where possible) through Basecamp which allows multiple stakeholders to collaborate on any project(s).
On appointment to a project by the Client, we will produce a ‘Heads Of Agreement’ and/or ‘Filming Brief’ wherein our remit is agreed on the project in question. For example, it may be that in terms of scope, we would be working across:
Conceptualisation and storyboards
Film and/or animation production
Digital output for multiple platforms
We will also include the agreed fee for the delivery of those services defined above, and would then agree specific terms for constant and consistent support to the Client, and the facilitation of the smooth running of all Client projects. For example, these might be, for ongoing marketing support:
Attendance of key personnel at all meetings. Travel costs will not be paid unless the meeting takes place beyond the Client location. Where a meeting is required elsewhere, the production company will charge 45p per mile in travel costs.
Ongoing support. Production company to be available at all times within business hours (Weekdays 8.30am to 6.00pm) to help the Client update and manage all aspects of the project.
Invoices and credit terms
We require estimate approval on all projects in order for us to set up the project and commence works. All estimated costs are exclusive of VAT at the prevailing rate.
We require purchase orders (wherever possible) or a confirmation email before commencement of any works.
We send digital invoices (using our online tool) and/or as PDFs attached to emails to a supplied accounts contact. Where possible the PO number will be referenced on the invoice. All invoices will be inclusive of VAT (where applicable) at the prevailing rate.
Our standard terms are 50% upfront invoice on commencement of the project and 50% on completion but we are happy to negotiate separate terms in advance to suit client needs.
Note: No work will be chargeable outside of this payment process.
All invoices are subject to our standard 30 day payment terms. Any change to this will be agreed in writing before work commences. From time to time there may be the need to receive immediate payment for services. Such occasions will be agreed before commencement of the project in question by both Client and Production company.
Prompt payment is appreciated. Reminders of overdue payments will be sent digitally (using our online tool). Overdue payments may be liable for interest as specified in the Late Payment of Commercial Debt (interest) Act 1998. All materials supplied (actual, intellectual or otherwise) remain the property of the Production Company until full payment is received.
Intellectual property & copyright
The Production company will expect due reward for production services undertaken on behalf of the client. This is to include conceptualisation and storyboarding, creative origination, and strategic proposals, whether used at the time, a later date, or not at all.
If the Client rejects a concept, or proposal, all material must be returned intact to the Production company. The Client may not use rejected material in whole or part, either in its original form or adapted/amended, for future projects.
In the event of the continuing business relationship between Client and Production company terminating, the Production company is entitled to compensation for its copyright of material that will continue to be reproduced in a substantially unaltered form as a recognised piece of publicity (e.g. storyboards, film rushes, licensing of music and voiceovers).
In terms of pitching for projects, we would simply issue you with a short pitch letter which protects both your and our interests and positions prior to the commencement of the pitch. The wording of such would be similar to that below:
“We are due to meet at am/pm on XXXX. The topic for discussion will be XXXX. The purpose of the meeting is to decide whether or not we are appointed to be the lead production company for the XXXXXX. We will be presenting to you our detailed creative proposals for XXXXX. These proposals, which we believe to be original to us, will take the form of a proposal document for you to keep. This letter records the agreement between us that in return for our sharing with you our proposals, expertise and know-how (which from now on we will call the “Information”), you will not sell, assign or disclose the Information to any other person, organisation or corporation without our prior written permission.
Further, you agree that none of your employees, agents, officers or directors will make use of the Information, outside use for the purpose of deciding whether to appoint us to handle the XXXXX, unless specifically agreed to by us in writing. You also agree to keep securely any documentation relating to the Information which we hand you during our discussion and any cards, notes or copies you may make relating to the Information, whether or not in machine-readable form. You will also return such documentation, research notes or copies to us forthwith at our request or at our option destroy or delete it.
Please countersign the attached copy of this letter to confirm your agreement to this and return it to us at or before the pitch meeting.”
We believe in competing for business on a level playing field which means giving a fair and reasonable brief to all participants of a tender/pitch process. We don’t believe in competing for business with no associated budgets or cost guides on the belief that this sets a fair parameter against a specific set of aims, objectives and deliverables.