Terms And Conditions

Production Services Terms and Conditions

Please refer to the below for information on our terms and conditions of business.  Applicable to Computer Graphic and Entertainment production services rendered by Take4D Ltd.  By working with us you agree to the following conditions of business.

  1. Planning:
    1. Crew, equipment, and their corresponding prices are subject to availability prior to confirmation.
    2. Crews are hired for a 10-hour shift (presence onsite and including a 1-hour lunch break) unless otherwise specified.
    3. Incomplete lunch break is subject to overtime rate charge.
    4. Overtime @ 1.5 X hourly rate (daily rate divided by ten) for work beyond 10 hours, unless otherwise specified.
    5. Overtime @ 2.0 X hourly rate (daily rate divided by ten) for work beyond midnight, unless otherwise specified.
    6. Overtime @ 1.5 X hourly rate (daily rate divided by ten) for work on weekends, unless otherwise specified.
    7. Travel-only days are billable for each crew member at normal rate, unless otherwise specified.
    8. Overtime and travel day buyouts can often be negotiated before confirmation at advantageous rates.

 

  1. Content exclusivity:
    1. Take4D Ltd respects the sensitive or exclusive nature of some Clients’ projects and maintains clearly-defined private information as confidential.
    2. As demonstrated throughout its website, Take4D Ltd reserves the right to make non-commercial use of text, photos, and video content from the productions it services or produces. Clients are responsible for communicating any limitations on such use in writing directly to Take4D Ltd with their confirmation.
    3. Take4D Ltd makes use of public information with absolute discretion and respect for broadcast and/or distribution calendars.
  2. Crew contact:
    1. Take4D Ltd can provide crew ID and contact information to Client upon confirmation of order.
    2. Client shall “cc” all written communication with Take4D Ltd in order to ensure quality control.
  3. Provision of Services and Data:
    1. Client may supply own Data or request Take4D Ltd to do so with confirmation of estimated budget.
    2. Where Service requires the supply of Data, quantity and specifications shall be agreed in advance.
    3. Take4D Ltd will hold Data for 30 days following shoot.
    4. Data will not be kept after 30 days unless Take4D Ltd receives written instructions to the contrary.
    5. Client requested changes to supplied Data and services, including but not limited to, specification or quantity shall be agreed in advance and may incur alterations to the budget and schedule.
    6. In the event of the Client declaring any errors in the Data, Take4D Ltd shall been given sufficient time and resources to replace or alter the Data subject to a review that would not result in that alteration being considered a Change Order by Take4D Ltd.
    7. Take4D Ltd shall use all reasonable endeavours to meet any performance dates for the supply of Services specified by Take4D Ltd, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Contract. Any dates quoted for the delivery of the Services are approximate only and Take4D Ltd shall not be liable for any delay in delivery or provision howsoever caused.
    8. Take4D Ltd warrants to the Client that the Services will be provided using reasonable care and skill.
    9. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by law, excluded from the Contract.
    10. Whilst before and during the delivery of Service, Take4D Ltd may be asked personal opinions regarding third party suppliers and their equipment, performances and services. At no time shall the Client take those opinions to have any warranties or guarantees from Take4D Ltd.  For clarity, Take4D Ltd shall not be held liable nor make any warranties or guarantees on behalf of any third party.
    11. In addition to the above limit of warrantee and guarantee, the Client shall indemnify and shall hold harmless Take4D Ltd against all losses, claims, compatibility‎ issues and performance specifications of Take4D Ltd’s Data and Services when used in conjunction with any third party hardware, software or service.
    12. The Client is granted the exclusive, perpetual, worldwide right license to use, edit, or adapt the Data generated for the production.
    13. The Client shall own all rights, title and interest in the Data produced for the production, including all copyrights therein, where not in conflict with Take4D Ltd proprietary technology.
    14. The Client shall not own any right, title and interest in or to any software or hardware developed by Take4D Ltd in the production of the Data.
    15. Any Data provided to the Client will be accepted by the Client “as-is”.
    16. It is the sole responsibility of the Client to review any Data provided by Take4D Ltd. Take4D Ltd shall not be held responsible if the Data is not reviewed/checked by the Client immediately upon submission to the Client.
    17. Any technical issues with the Data may not give rise to claims for damage compensation or full or partial refunds.
    18. The Client shall not be entitled to claim for damage compensation or full or partial refunds for any supplied Data that is being used on third party hardware, software or services, including but not limited to, any expectation of performance of any mechanical system.
  4. Consumables:
    1. Non-renewable or consumable materials may incur additional costs.
    2. Take4D Ltd is not responsible for care of Data once sent or handed over to Client.
    3. Clients wanting to insure Data and production related materials sent via urgent courier must provide instructions accordingly before completion of shoot.
  5. Credits:
    1. As a condition of the Service, the Client shall give Take4D Ltd credit on all media in which the project is distributed, exhibited or otherwise exploited, without limitation, negative film stock and all forms of digital media.
    2. The title of Credit shall read “Virtual Production Supervision”
    3. If the project is produced for television, the Client shall be relieved of the credit obligation if the project does not accord any technical credits.
  6. Liability & Indemnity:
    1. Client will indemnify Take4D Ltd against any and all claims or liabilities arising from any course of action taken relating to any advice, deadlines, deliverables, Service, Data or consultancy given by Take4D Ltd.
    2. Take4D Ltd (including but not limited to its directors, employees, staff and the technicians) shall not be liable for any direct or indirect loss of profit nor for any indirect loss, damage, costs, claims, demands or expenses whatsoever or howsoever caused, whether resulting from Take4D Ltd’s negligence or otherwise, under or in any way in connection with a Contract of Engagement, or for any loss, damage, costs or claims or expenses for lost production time, delay in shooting, the cost of re-shooting unusable footage or remedial or repair work on digital media.
    3. Client will indemnify Take4D Ltd against any and all claims or liabilities arising from the development, use or application of the Data, including, but not limited to, any accuracy, health and safety, or operational issues arising from the use of supplied Data on any third party hardware or computer system.
    4. Client shall also fully and completely indemnify and keep Take4D Ltd and its employees fully and effectively indemnified and on demand in respect of all claims by any person whatsoever for personal injury or injury to personal property caused by or in connection with or arising out of the use of Service, Data, advice, deliverables, storage, transit, loading or use of the Equipment during the continuance of the Services or subsequent to the sale of Goods and in respect of all costs and charges in connection therewith arising under statute or common law save for any matter arising directly as a result of Take4D Ltd’s own negligence.
    5. Client will indemnify and keep Take4D Ltd and its employees fully and effectively indemnified in full and on demand against all claims, demands, costs, actions, expenses (including professional advisors’ fees) or proceedings made against them by any third party, arising out of or in any way in connection with the Client’s failure to comply with any of the provisions of the Service or Data.
    6. If any agent or employee of Take4D Ltd’s (including but not limited to a technician) provides services at premises other than that of Take4D Ltd, he or she does so under the direction and supervision of the Client and the Take4D Ltd will not be liable for any loss or damage occasioned by such servant or agent of the Client or any third party howsoever such loss or damage has been caused.
  7. Insurance:
    1. Client is to supply all production insurance (including material, public and employer’s liability insurance) unless otherwise agreed in writing.
    2. All Equipment and Goods shall, immediately upon leaving the Take4D Ltd’s premises and thereafter, be the responsibility of and at the risk of the Client though for the avoidance of doubt property in the Equipment shall remain at all times with the Take4D Ltd notwithstanding that the Client shall be liable for any theft, loss, damage or destruction howsoever caused to the Equipment.
    3. An all risks insurance policy on all items of the Equipment for their full replacement value (including without limitation cover against loss, theft or damage to the Equipment).
  8. Health and Safety:
    1. Our crew and teams are entitled to a safe working environment. It is the Client’s responsibility where applicable to conduct a risk assessment.
    2. Ensure that crew are not placed into positions where safety can be compromised by observing a reasonable working day, and ensuring that crew get sufficient rest before conducting work or driving, our crew will not work at height
    3. It is the Client’s responsibility to plan accordingly, our crew will not contravene highway safety regulations and compromise safety to meet an unrealistic deadline owing to poor planning or unforeseen circumstances
  9. Conduct:
    1. Our crew will endeavour to be hospitable and polite, and dress according to the circumstances
    2. The Client is asked to brief their team to treat our crew with a degree of hospitality and politeness in return.
  10. Right to Use Subcontractors:
    1. Take4D Ltd reserve the right to subcontract all or part of the Services to subcontractors located in the United Kingdom or other countries.
  11. Contract:
    1. Take4D Ltd requires signed confirmation of a budget estimate for booking of production services.
    2. At the sole discretion of Take4D Ltd and for client convenience, Take4D Ltd can accept an email response from a Client as sufficient confirmation once that email has in return been confirmed.
    3. Take4D Ltd Terms & Conditions, herein detailed, are applicable to either form of confirmation.
  12. Production costs:
    1. Take4D Ltd budgets are inclusive of booking and management services
    2. A contingency fee may be itemized out and added onto estimated budgets of select productions as a precaution for Take4D Ltd clients.
    3. Miscellaneous, out-of-pocket expenses (road tolls, taxis, meals, etc…) paid by Client on location are not subject to Take4D Ltd costs or handling fee.
  13. Invoicing:
    1. All budget estimates and invoices are issued and paid in Pounds Sterling (GBP).
    2. Estimates and invoices state Value Added Tax due at the prevailing rate in the United Kingdom
    3. Client must provide billing address and VAT or equivalent Tax ID # upon confirmation to facilitate Take4D Ltd invoicing.
    4. Overtime and out of hours rates for Technicians on feature films is based on prior agreement between the Take4D Ltd and the Client. Where no such prior agreement has been made the Take4D Ltd will charge the Advertising Producers Association (APA) recommended terms. The Take4D Ltd will charge for any Technicians working on commercials or any other productions at the rates set out by the Advertising Producers Association (APA) ” Recommended Terms For Engaging Crew On The Production Of Commercials.
    5. Invoices may be 50% in advance / 50% on complete, 100% on completion, or on a weekly basis as agreed.
    6. At any time, the Client is responsible for the necessary expenses incurred by Take4D Ltd in order to supply contracted services.
  14. Payment:
    1. The payment schedule is specified on the budget estimate or Contract of Engagement.
    2. Full payment will be made within 10 days of the invoice date.
    3. Clients payment must be by wire transfer and assume all costs to process payment for bank fees, exchange rate and intermediaries by selecting “OUR” in the payment instructions.
    4. Payment to the Take4D Ltd shall not, in any circumstances, be dependent upon payment to the Client from any third party.
    5. If the Client fails to make payment on the due date then, without prejudice to any other right or remedy Take4D Ltd will be entitled to:
      1. suspend or cancel any on-going services.
      2. charge the Client interest on the amount unpaid at a rate of 8% per annum over Barclays base rate from time to time or the rate specified in the Late Payment of Commercial Debt (Interest) Act 1988, as amended, whichever is the higher
  • claim reasonable compensation for debt recovery costs as specified in the Late Payment of Commercial Debt Regulations 2002 (or any amendment thereof) on each invoice
  1. Cancellation and date change:
    1. All booked and confirmed Contract of Engagement time is subject to cancellation charges at the following rates:

48 to 72 hours notice                 – 25% of time confirmed
24 to 48 hours notice                 – 50% of time confirmed
Less than 24 hours notice          – 100% of time confirmed

  1. Either party shall be entitled to immediately terminate the Contract on giving written notice to the other if:
    1. That other party commits any material breach of these conditions and, in the case of such a breach which is capable of remedy, fails to remedy the same within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied (for the avoidance of doubt any late payment or failure to pay by the Client any sums due shall be a material breach);
    2. That other party makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or partnership) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of solvent amalgamation or reconstruction); or
  • An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of that other party; or
  1. That other party ceases, or threatens to cease, to carry on business.
  1. On termination the Client shall pay to Take4D Ltd all costs and expenses due under the Contract.
  2. Neither party shall have any right to claim for any loss or damage occasioned by such termination, which shall be without prejudice to any accrued rights and remedies of either party.
  1. Change of production service terms and conditions:
    1. Take4D Ltd publishes these terms and conditions in good faith and for the convenience of clients. Take4D Ltd will honour the terms and conditions published at the time of a budget estimate confirmation. Nonetheless, Take4D Ltd cannot be held liable for changes made to these terms and conditions at any other time.
  2. Entire agreement / amendment:
    1. The above-listed Production Service Terms & Conditions represent the entire and integrated Agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either oral or written, between parties.
    2. Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Client.
    3. This Agreement may be amended or modified only by a written instrument signed by both parties.
    4. Neither party shall without the prior written consent of the other party assign, transfer, charge or deal in any other manner with this Contract or its rights under it or part of it, or purport to do any of the same, nor sub-contract any or all of its obligations under this Contract.
    5. If any part of the Contract becomes invalid, illegal or unenforceable it shall be severed from the Contract and the remainder of the Contract shall remain in full force and effect.
  3. Applicable Law:
    1. The law of England and Wales applies to this contract and our subsequent dealings.

 

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