Media Production Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF PRODUCTION FROM MONKEY EARS MEDIA
1. Definitions & General Terms
In these Terms and Conditions the words ‘Monkey Ears Media’ ‘MEM’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Monkey Ears Media, a media production company based in the UK. UTR number available upon request. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all audio and any associated product created by Monkey Ears Media and any production partners, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final production.
No liability will be accepted by Monkey Ears Media for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a Monkey Ears Media product, permission must be obtained from the original copyright owner / material provider. Proof may be required, dependent upon the material.
The client undertakes to indemnify Monkey Ears Media against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
A full production brief must be signed off by the Client before production work begins. This may be labelled as a recording or editing brief.
3. Production and post-production
All works undertaken will be as per Monkey Ears Media's written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days recording or editing will be charged at our current daily rates.
If the venues are being organised by the Client, it is the Clients responsibility to ensure that Monkey Ears Media and supporting personnel have clear access to all relevant locations required throughout the day. Any delays may be added as an additional cost in the second invoice from Monkey Ears Media.
Monkey Ears Media takes Health & Safety matters seriously and we reserve the right in all instances to disagree to a venue if we deem it to be unsafe, or personnel are subjected to abusive and aggressive behaviour. Monkey Ears Media will liaise with the Client before arriving at the venue, in order to produce an accurate risk assessment for the project. If any information isn’t provided to Monkey Ears Media prior to arrival, which later causes a risk and/or problem, this will fall to the Client to sort.
Monkey Ears Media has Public Liability and equipment insurance, which covers MEM in all public spaces. Should any damage occur to Monkey Ears Media's equipment during he production, the client may be liable for a cost.
5. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
6. ‘Client delays’
In the event of production being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to reschedule the affected days of recording and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original recording day(s).
7. Changes to the recording schedule
In the event of the Client wishing to change or cancel the recording date we require a minimum of 3 days notice. If this notice is not met, the Client will still be liable to pay the agreed first half of Monkey Ears Media’s invoice. The date can be rearranged at an additional cost, agreed before the new recording day.
8. Equipment substitution
In the event that Monkey Ears Media experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay recording or adversely impact upon the project quality or delivery. On each recording day, Monkey Ears Media will bring backup equipment incase of technical difficulties. In the case that the backup equipment isn’t adequate and therefore causes a delay, Monkey Ears Media will not charge an additional cost to the Client.
9. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Any further revisions may then be charged at an additional cost. Any amendments wanting to be made after the project is signed off will be charged at an agreed hourly rate with Monkey Ears Media.
10. Project duration and delivery
Any indication given by Monkey Ears Media of a design project’s duration is to be considered by the customer to be an estimation. Monkey Ears Media will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. Monkey Ears Media will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Monkey Ears Media asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Monkey Ears Media and is protected under UK law.
12. Usage licence – rights to the use of project content
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Monkey Ears Media against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
We retain all rights to the usage of audio captured during the production of any client-commissioned project. As part of our audio production service, we will grant a time-unlimited licence for use of that audio to the Client subject always to the following express condition:
“Monkey Ears Media retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any audio and related files from any client-commissioned project in our showreels and for other promotional purposes.
Monkey Ears Media assigns to the Client a licence to use the audio production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the audio material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Monkey Ears Media reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Monkey Ears Media under UK law.
USAGE OF LOYALTY CARD
Monkey Ears Media offer a loyalty card to clients, which offers a free tenth service after nine paid projects.
The loyalty card must be filled within 24 months of first use for the offer to be valid. Each time the card is stamped, it will be dated and initialled by a member of the Monkey Ears Media team. We will also keep a digital record to ensure true records are kept. Please retain your physical loyalty card for possible future use.
The loyalty card is valid for all services from Monkey Ears Media, but is limited to one stamp per day. All services are worth one stamp, unless the services fall within the Podcast Production offer, which means that only the full service will be worth one stamp. You will not receive a stamp for each stage of the podcast production.
Loyalty card stamps are non-transferable. It is one per person/company.