Terms Of Service
1. Introduction
These Terms of Service ("Terms") govern the provision of media production services by Antarctica Media ("we", "us", "our") to you, the Client ("you", "your"). By engaging our services, you agree to be bound by these Terms, which form a binding contract between Antarctica Media and you.
2. Definitions
"Client" refers to any business, organisation, or individual engaging Antarctica Media for media production services.
"Project" encompasses the deliverables, including but not limited to campaigns, events, stills, videos, or any media content created by Antarctica Media for the Client.
"Contract" signifies the agreement between Antarctica Media and the Client encompassing these Terms, project quotes, and any other related documents.
"Services" refer to the media production services provided by Antarctica Media, as described in the contract.
"Goods" means any tangible items provided to the Client as part of the Services.
"Client Material" refers to all documents, information, items, and materials in any format, whether owned by the Client, that are provided to Antarctica Media in the course of delivering Goods and/or Services.
"Intellectual Property Rights" encompasses all forms of intellectual property, regardless of whether they are registered or capable of registration. This includes copyrights, database rights, patents, trademarks, service marks, trade names, goodwill, design rights, moral rights, business names, domain names, and any applications for their protection or registration, along with all renewals and extensions of such rights globally.
3. Costs, Payments & Charges
3.1. Acceptance of Quotes: By accepting a financial quote from Antarctica Media or issuing a purchase order to us, you agree to the Terms and Conditions outlined herein, constituting a Contract between you, the Client, and Antarctica Media.
3.2. Validity of Quotes: All quotes provided by Antarctica Media are valid for 30 days unless otherwise specified or agreed upon.
3.3. Final Quote Determination: The costs associated with your project will be thoroughly discussed and finalised once we've determined the scope, including the type and length of production, as well as the necessary pre-production, production, and post-production efforts. For complex projects, a Statement of Work (SoW) may be required to outline specific project details.
3.4. Additional Costs: If any additional costs arise during the production process, they will be communicated to you, agreed upon in writing, and charged accordingly.
3.5. Exclusion of Certain Fees: Production fees do not include disbursements and expenses related to the project, such as postage, international calls, media duplication, creation of streaming files, travel, accommodation, and related expenses, which will be separately invoiced as applicable.
3.6. Changes Requiring Additional Content: Amendments that result in the need for additional content will be considered a contract change, necessitating an update to the original contract. Such amendments become binding upon written approval. Email communications will serve as adequate documentation for these changes.
3.7. Project Commencement: Work on any project will not begin until Antarctica Media has received a signed purchase order or an equivalent document from you.
3.8. Pre-Work Requirements: To initiate any project work, we require a detailed written brief from you with adequate notice based on the scale of the project:
i. 48 hours’ notice for projects with up to one day of filming.
ii. 5 days’ notice for projects with two days of filming.
iii. 7 days’ notice for projects with three or more days of filming.
3.9. Deposits and Final Payment: Unless specified otherwise, a deposit amounting to 50% of the total invoice may be required at least 14 days before work begins. Should the project start date fall within 14 days post-invoice, the deposit is due immediately. The balance will be invoiced upon project completion.
3.10. Invoice Payment Terms: All invoices are payable within 30 days of receipt.
3.11. Late Payment Charges: Payments overdue will incur statutory interest at 10% above the Bank of England base rate (currently 5.25%) plus a recovery fee, in line with government guidelines and at Antarctica Media's discretion.
3.12. Payment Methods: Payments can be made via bank transfer (BACS) or PayPal, with a preference for BACS. Payment details will be provided upon invoicing.
4. Client Obligations
4.1. Accuracy and Completeness: Ensure all orders, Service Specifications, and any information related to the Goods and/or Services are accurate and complete.
4.2. Cooperation: Work collaboratively with Antarctica Media on all aspects of the Goods and/or Services.
4.3. Access: Provide Antarctica Media, including its employees, agents, consultants, and subcontractors, with access to necessary premises and facilities as needed to deliver the Goods and/or Services.
4.4. Information and Materials: Supply Antarctica Media with all necessary information and materials required for the provision of Goods and/or Services, ensuring accuracy in all respects.
4.5. Premises Preparation: Ready the premises for the delivery of Goods and/or Services, as applicable.
4.6. Licenses and Permissions: Secure and maintain all necessary licenses, permissions, and consents required for the Goods and/or Services ahead of their start date unless agreed otherwise.
4.7. Legal Compliance: Abide by all relevant laws, including health and safety regulations.
4.8. Care of Materials: Safeguard all Antarctica Media materials and equipment on the Client's premises or event location, maintaining them in good condition until returned, and use them only as directed by Antarctica Media.
4.9. Fulfill Additional Obligations: Meet any further obligations outlined in the Service Specification or as reasonably required by Antarctica Media for the proper provision of Goods and/or Services.
4.10. Prompt Communication: Swiftly respond to all communications from Antarctica Media regarding the Goods and/or Services.
4.11. Assistance in Obtaining Licenses: Help or enable Antarctica Media to obtain, at the Client's expense, any necessary licenses or consents for the lawful provision of Goods and/or Services.
4.12. Conduct: Maintain reputable conduct in all business affairs and comply with applicable laws concerning the Goods and/or Services.
4.13. Clear Instructions: Provide clear and accurate instructions regarding the requirements for the Goods and/or Services, including any additional services or deliverables.
4.14. Timely Payments: Ensure timely payment of fees to Antarctica Media, with applicable interest charged on overdue payments as specified in this agreement.
4.15. Access to Information: Grant Antarctica Media access to any client information or records relevant to the provision of Goods and/or Services.
4.16. Data Regulation Compliance: You are responsible for complying with all laws and regulations regarding data collection, use, and disclosure related to this agreement.
4.17. Breach and Suspension: Antarctica Media reserves the right to suspend Services if the Client breaches this agreement, with a provision to remedy the breach within Five (5) days before suspension.
4.18. Third-Party Services: Antarctica Media does not guarantee uninterrupted or high-quality access to facilities or services provided by third parties.
5. Confidentiality Commitment
5.1. Antarctica Media pledges to protect and keep secret any confidential or proprietary information provided by a Client, irrespective of whether the source is an individual, company, or any other entity. This information shall not be revealed to third parties except as compelled by legal obligations. Antarctica Media willingly commits to signing and complying with the stipulations of any Confidentiality Agreements demanded by the Client. In a reciprocal manner, the Client is required to safeguard the confidentiality of all unique methods and technologies that Antarctica Media utilises in providing its Products and Services, preventing any unauthorised disclosure.
6. Liability, Responsibilities & Force Majeure
6.1. Content Standards: Antarctica Media reserves the right to decline the use, publication, or broadcast of any content deemed obscene, morally inappropriate, infringing on copyrights, or is libelous, defamatory, or illegal. If such content is submitted, the Client will be informed about why the content was considered unsuitable and asked to make necessary amendments. However, upon the Client's justification for the use of such content, its inclusion may be reassessed.
6.2. Force Majeure: Antarctica Media is not liable for any failure to perform its obligations under this contract due to circumstances beyond its control, including but not limited to Acts of God, legislative changes, war, fire, flood, drought, power supply failures, lock-outs, strikes, or difficulties in obtaining materials. In such events, the Client has the option, by written notice, to terminate the contract and settle for the work already completed and materials used or wait for the delivery when the situation normalises.
6.3. Third-Party Liability: Antarctica Media will not be responsible for any loss or damage resulting from the actions or failures of third parties.
6.4. Content Accuracy: Once the Client approves the content as accurate and correct for posting, publishing, or broadcasting, Antarctica Media cannot be held liable for any errors in the content thereafter.
6.5. Claims for Damages: Claims regarding any issues with the delivered goods must be made in writing to Antarctica Media within 7 days of receipt. Failure to raise a claim within this timeframe will result in the assumption that the Client has accepted the goods at the agreed price.
6.6. Client Cooperation: Contracts stipulating specific deadlines will assume the Client's availability for necessary communications with Antarctica Media, including providing any required assets for project completion.
6.7. Material Responsibility: Upon taking possession of all footage or materials, the Client assumes full responsibility for their safeguarding. Antarctica Media will not be liable for the footage thereafter and reserves the right to delete all associated materials from our servers and storage devices at any future date. Unless otherwise arranged, automatic off-site backup of footage is maintained for a minimum of 12 months post the final delivery. Beyond this period, footage may be moved to local archival systems not backed up off-site, with Antarctica Media no longer responsible for its long-term storage.
6.8. Creative Decisions: The Client agrees to defer to Antarctica Media's judgment regarding creative decisions for the Products or Services unless a different arrangement has been explicitly agreed upon in writing.
7. Cancellations & Terminations
7.1. Client-Initiated Cancellation: If the Client decides to cancel or terminate a service or the entire contract before the completion of the Project, Antarctica Media will apply the following cancellation fees:
i. If the cancellation notice is provided more than 48 hours before the scheduled start of production, charges may be applied to cover any costs already incurred by Antarctica Media.
ii. For cancellations made with less than 48 hours notice, up to 50% of the total agreed charge, minus any deposits already paid, will be due.
iii. If the Production has already commenced or cancellation is made with less than 48 hours notice, up to 100% of the total agreed charge may be applicable.
7.2. Antarctica Media's Right to Cancel: Antarctica Media reserves the right to cancel or terminate a Contract or Project under the following circumstances:
i. If the Client or their organisation is declared insolvent or enters bankruptcy proceedings.
ii. If there is a significant risk that continuing the project could harm the reputation of Antarctica Media or any of its affiliates or partners
8. LIMITATION OF LIABILITY
8.1. Scope of Liability: The limitations on liability outlined in this section apply universally to all liabilities arising from or related to this agreement, including but not limited to liabilities in contract, tort (such as negligence), indemnity, misrepresentation, and restitution.
8.2. Intentional Misconduct: These limitations and exclusions do not apply to any liability resulting from intentional misconduct by either party.
8.3. Legal Limitations: This Agreement does not restrict any liability that cannot be excluded or limited under law, notably liability for:
Death or personal injury due to negligence;
Fraud or deceitful misrepresentation;
Breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 concerning ownership and quiet enjoyment.
8.4. Liability Cap: Except where legally impermissible, Antarctica Media's maximum liability to the Client for any and all claims related to this agreement shall not exceed the total amount paid by the Client to Antarctica Media for the Goods and/or Services within the twelve-month period in which the claim arises. Antarctica Media's aggregate liability for breaches in any contract year will not surpass the defined cap.
8.5. Definitions and Exclusions: Definitions within this clause:
Cap: Refers to the lower of the actual liability incurred or 100% of the total fees paid by the Client within the contract year of the breach.
Contract Year: A period of twelve months starting from the Commencement Date or any subsequent anniversary.
Total Charges: The entirety of fees paid by the Client to Antarctica Media for the provided Goods and/or Services, billed or unbilled.
8.6. Excluded Losses: For clarity, the following types of loss are expressly excluded from Antarctica Media’s liability insofar as the law allows:
Loss of profits, business, contracts, or anticipated savings;
Loss or corruption of data, information, or software;
Wasted expenditure, damage to goodwill;
Any indirect or consequential loss;
Losses stemming from third-party claims against the Client.
8.7. Compliance with Specifications: Given Antarctica Media's assurances regarding the compliance of Goods and/or Services with this agreement, the legally implied terms from sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4, and 5 of the Supply of Goods and Services Act 1982 are excluded to the greatest extent the law permits.
8.8. Notification of Claims: The Client must notify Antarctica Media in writing of the intention to claim for an event within two months from the day the Client became aware or should have reasonably become aware of the event. This notification should detail the event and the basis for the claim adequately.
8.9. Survival Post-Termination: The provisions of this clause will remain in effect even after this agreement has ended.
9. Copyright & Ownership
9.1. General Copyright Principle: According to UK law, the creator of a copyrighted work initially holds the copyright, not the commissioner or Client, unless an alternative agreement is made in writing.
i. For productions undertaken by Antarctica Media, we grant the Client copyright, ownership, and an unlimited usage license across all platforms and territories for any finalised Stills or Videos produced.
ii. Without a specific written agreement to the contrary, Antarctica Media retains full copyright and ownership of all RAW materials generated during the production of a Client-commissioned Project.
iii. Clients desiring full copyright and ownership of all materials related to their project are encouraged to reach out to Antarctica Media to negotiate terms.
9.2. Electronic Project Files: The property rights to electronic project files, including editing, retouching, motion graphics, and related audiovisual works, remain with Antarctica Media. While copies of such files can be made available to the Client, the original project files remain with Antarctica Media unless explicitly agreed otherwise. Clients may request copies of the footage, but this request does not automatically include transferring original project files.
10. Overall Production
10.1. Project Initiation: Certain projects may necessitate Antarctica Media undertaking preparatory work before filming begins. This can include, but is not limited to, the development of creative concepts, storyboards, construction of sets, and logistical planning. Such pre-production efforts will be detailed within the original project's Scope of Work and Quote.
10.2. Cancellation or Changes: If the Scope of Work is cancelled or significantly changed after pre-production work has commenced, Antarctica Media will bill for the work already performed and any external expenses incurred.
10.3. Filming Day Structure: A standard day of filming for Antarctica involves 10 hours of crew time on set, starting from the agreed-upon call time. This also includes a one-hour lunch break, no more than 5 hours after the call time and a 30-minute break after 8 hours. However, this does not account for travel time. Should the project or the Client necessitate overtime on the day of filming, additional fees may apply.
10.4. Custom Standards: The standards for filming and stills, including format and resolution, will be customised according to the specific requirements of each project.
10.5. Technical Corrections: Upon delivery of the final master video or still, Antarctica Media will address any technical issues at no extra cost.
10.6. Additional Post-production Work: Antarctica Media reserves the right to assess and charge for any post-production work that extends beyond the scope of the agreed contract. This encompasses requests not previously specified in writing by the Client.
10.7. Revisions After Completion: Following the Client's written approval of the final video or stills and the delivery of the final master file, any subsequent alterations will incur fees for retouching, re-mastering, or editing. These fees, intended to cover the costs of minor adjustments and processing, will be established before any changes are made in accordance with Antarctica Media's standard rates.
10.8. Delivery of Deliverables: Final video and still deliverables will be sent to the Client electronically, using platforms such as Google Drive or WeTransfer. Should the Client prefer delivery via hard drive or courier service, the associated costs for postage, courier services, and the hard drive will be separately quoted.
11. General Provisions
11.1. Any changes to these Terms must be in writing and agreed upon by both parties.
11.2. The Client may not transfer their rights or obligations under this agreement without written consent from Antarctica Media.
12. Governing Law & Jurisdiction
12.1. These Terms are governed by the laws of the United Kingson, with disputes resolved in its courts.