Our Expectations & Terms of Service

Our Expectations

 

1. QUALITY: We strive to uphold a high standard of quality in the work that we do, and will endeavour to work with our team of editors and producers to constantly provide you with high end professional products. We understand that turnaround and time management is a key factor in your business, and will work to the best of our ability to meet deadlines and minimise delayed delivery. Where possible, you will be notified of any unforeseen issues or potential delayed deliveries.

2. SERVICES OFFERED: We offer services in these key areas: pre-production, production, post-production, logistics, and consulting. Our key services include but are not limited to:

  • Production & producing

  • Directing

  • Editing

  • Consulting

  • Photography

  • Agency services – sourcing the relevant works for your production

  • On camera talent

In order for Mandy Celine and their team to serve you effectively and efficiently, we ask that you adhere to some expectations and guidelines regarding delivery of content:

  • Please make sure that all assets provided to us are of the highest quality and that what you have provided by the scheduled edit day constitutes the entirety of what you would like edited.

  • Please ensure that the amount and length of raw footage provided is reasonable given the expected turnaround. Please contact for further guidelines. This varies depending on type, turnover and length of content

  • If you have recorded far more than the guideline amounts, it is your responsibility to reduce the overall length or number of clips before sending it to us.

  • Special allowances may be made on a case-by-case basis, as discussed and agreed with you. In such cases, it may be necessary to extend the delivery deadline, task a second editor, or agree on fees for editor overtime.

  • It is your sole responsibility to thoroughly check and approve the content of all final products before they are published, including checking for inappropriate content and making sure that the correct licenses have been attained for use of copyrighted third party works.

3. DUTY OF CARE & ETHICAL OPERATION: Mandy Celine takes its duty of care to their team, associates, and employees very seriously. Hostile behaviour taken towards members of the team will not be tolerated, and may result in immediate withdrawal of our services.

Although our work often involves multiple time zones, we do not expect our editors to work unreasonable or unsociable hours in their respective countries. Please be mindful of this when communicating with them, and patient if they do not respond immediately outside of reasonable working hours.

We reserve the right to refuse to edit footage that we find extremely morally or ethically questionable/problematic; which glorifies or encourages hate speech, extreme violence, criminal activity; or which documents actual hate speech, extreme violence, or criminal activity.

Terms of Service

 

The following terms apply to you (Client) when working with, or contacting Mandy Celine and/or her team (“Producer”) unless otherwise agreed. These terms act as a binding agreement, unless any other contract is in place:

1. Deliverables: The Producer will provide the Deliverables on the Delivery Date. If the Client requires any additional deliverables then the parties will mutually agree the delivery date and the fee for such additional materials. 

2. Payment: The Fee shall be payable as to 50% on the earlier of: (i) commencement of the project and (ii) signature hereof; and 50% on the delivery of the Deliverables. The Client will pay the Producer the Fee and Expenses within 14 days of receipt of the applicable invoice from the Producer. Any additional hours worked on the Project shall be charged at the Additional Hours Fee.
Expenses, rental services or travel expenses are payable in addition to the Fee, unless explicitly included within the original quote.

3. Late Payments: Unless otherwise specified or agreed, interest will be charged at 8% above the base rate (from time to time) of Barclays bank on all overdue balances until paid. The Producer will also charge a late fee of £100.

4. Cancellation: If a project is cancelled within 24 hours before the confirmed day of production (not 24 hours from call time), the client will be charged for the full Fee and any Expenses incurred. If a project is cancelled within 48 hours but before 24 hours before the confirmed day of production (not 24 hours from call time), the client will be charged for 50% of the Fee and any Expenses incurred. If at any point after work has commence on the project you choose to cancel the work you will still be liable for all Fees and all Expenses incurred. Failure to send footage on an agreed day will be marked as a cancellation.

5. Delivery of a Finished Product - If an edit is agreed upon, videos will be exported in a compressed HD .m4v or .mp4 format, and sent via wetransfer.com or Google Drive to the Client. Upon your request (and subject to you providing Producer with all relevant information and login details) Producer shall upload the content to a video distribution platform of your choosing PROVIDED THAT the Producer accepts no liability in relation to such activity and the Client fully indemnifies the Producer in respect of all claims and losses that may arise from such activity.

6. Usage, Copyright and Attribution: The final edited products/video masters & images from shoots shall be the Clients property and for their use only. All raw materials and data created by the Producer over the course of the contract, including, but not limited to, film, data, and digital files, shall remain the Producers exclusive property. The raw files/rushes can only be made available if agreed before production, or will incur an extra cost. The Producer reserves the right to use finished video for their own promotion online unless the Client otherwise confirms in writing that the Producer cannot. The Producer cannot exploit the copyright nor grant licenses to exploit it.

The Producer is not required to store the original footage longer than 30 days, but if requested in writing by the Client, footage can be stored for an additional charge. The Producer is not liable for any loss or damage to stored material.

The Client warrants, represents and undertakes that: -

  1. it has the right to enter into these terms;

  2. it consents to the use of its name likeness image and other personal materials being used in the Project;

  3. that it owns the copyright or has express permission of the owner to reproduce the materials embodied in the videos.

The Producer accepts no liability in relation to the use of any materials embodied in the videos (including without limitation in respect of sound recordings and the underlying musical and lyrical compositions) and the Client fully indemnifies the Producer in respect of all claims and losses that may arise from such activity.

Music licensing and payments for the use of music and sound recordings shall be the Client’s responsibility, (although we do recommend Epidemic Sound as a service).

Where necessary, correct attribution will be applied for the work produced. 

7. Watermarks: All draft copies of videos will be treated with watermarks to prevent unwarranted duplication or distribution of the rough product.

8. Security & Confidentiality: The Producer understands that some information in respect of the Project may be of a confidential and/or sensitive nature. The Client and Producer agree that those engaged for the production/editing by the Producer will not to discuss or disclose information about the Project (to the extent that it is not already in the public domain) and including personal and/or sensitive information learned during production (such as addresses etc.), except as such disclosure may be necessary for Producer to produce media(s) in the usual and customary manner under these terms. The terms of this agreement are confidential and may not be disclosed by either party (save to their professional advisors or as may be required by law). 

9. Legal Liability: The Producer shall be indemnified by the client in respect of any claims, cost and expenses arising out of any matter designed on the Client’s instructions or any infringement of copyright, however, liability is capped to no more than £5,000 Pound Sterling to both parties. These Conditions and all other express terms of the contracts shall be governed and construed in accordance with the Laws of The United Kingdom.

10. Non-Circumvention: It is acknowledged that Producer may use employees or third parties to undertake the Producer’s responsibilities hereunder. You may not at any time during this engagement or for a period of 1 year thereafter directly attempt to hire, employ, collaborate or work with any such employee or third party engaged by Producer without Producer’s prior written approval.

11. Miscellaneous:

  1. Nothing in these terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way.

  2. Each party shall do and execute all such further acts and things as reasonably required to give full effect to the rights given and the transactions contemplated by these terms.

  3. No provision of these terms shall be modified or varied without the written consent of the parties.

  4. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  5. These terms constitutes the entire agreement and understanding of the parties relating to the subject matter of these terms and supersedes any previous agreement (unless otherwise formerly contracted) or understanding between the parties in relation to such subject matter and, in entering into the agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the agreement or not) other than as expressly set out in the agreement.

  6. If any provision of these terms shall be prohibited by or adjudged by a court to be unlawful void or unenforceable such provision shall to the extent required be severed from these terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms and shall not in any way affect any other circumstances or the validity or enforcement of these terms.

  7. These terms may be executed in any number of counterparts (including via digital signature) and by the parties to it on separate counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument.

  8. These terms shall be governed by and construed in accordance with the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of the English courts.

Acceptance of Terms

The fees, specifications and conditions detailed above are hereby accepted. The Producer is authorised to begin work as proposed. Payment of fees will be made as indicated above.

These are correct as of May 2020