Spine Film business terms
Spine Film is dedicated to providing a quality service. Best endeavors are always used to ensure the success of client projects. Any of following terms may be waived or modified. For information about how data is protected please read the privacy-promise.
Standard Media Delivery
Photographs and other artwork can be high quality hard copy suitable for scanning, or on disk. Spine Film will attempt to work around any problems but additional expense may be incurred for color correction, image enhancement, and conversion of media.
The client can expect consistency in the transfer of intellectual property rights. Spine Film will make it possible for you to you own any artwork produced on your behalf, so you retain ultimate control. All passwords and important information requested will be provided during the normal course of business. On full payment Spine Film will transfer all rights that have been agreed. Images, photographs, video, livery, logo, custom graphics, copy and other material produced for the client is unique to the client and never used for any other party. A client can expect their own style that helps distinguish them in their market but layouts, some graphics, titles, transitions, color palettes, and code etc. may be used on multiple projects.
Permission and Copyright
The client will obtain all the necessary permissions and authorizations in respect of the use of all copy, graphics, images, registered company logos, names and trademarks, or any other materials supplied to Spine Film. Entry into a contract shall be deemed a guarantee by the client to Spine Film that all such permissions and authorizations have been obtained. Spine Film reserves the right to request that evidence of same be produced. Spine Film will create, display, or replicate works from material supplied by the client subject to the above. The client will hold Spine Film blameless for the unlawful acts of others who access client installed or published material, or material Spine Film has in its possession subject to the Spine Film privacy promise.
security of client information
If the client wishes Spine Film to use sensitive information additional cost may be incurred by the client for implementing measures to protect that information to a degree that the client deems acceptable.
The client accepts that some elements of website construction used for the client are pre-developed and remain the property of Spine Film, or of a contracting third-party, or are samples, open source code, or the product of common technique, and the client cannot acquire an interest in these. Any Spine Film technology is licensed to the client for consideration, and is limited to installation and usage by the client on websites or connected documents according to agreement. This code is licensed to the client in the normal course of business or expressly where so required to the extent permissible given the above. It may not be distributed, modified, copied, duplicated, or licensed without the express written consent of Spine Film or any other relevant third-party.
Transfer of files via sharing (e.g. DropBox) or email is customary but files can be supplied to the client on disk for publication, installation, or other use. In order to install or upload files to the client hosting account, Spine Film may need appropriate access to third-party accounts (like Vimeo of YouTube) or the client server via File Transfer Protocol. Other resources might have to be configured for scripts and website features the client requires. If Spine Film is required under the terms of any agreement to establish and manage a hosting account on behalf of the client all password and relevant access information will be coterminous and provided on request unless otherwise agreed. In all events the client accepts and assumes all liability for publication of any material in any medium produced for it by Spine Film.
Video production, photography, advertising, copy writing, transcription, screenwriting, programming, research, deisgn, maintenance or other fees are payable in advance in installments prior to images, videos, documents, websites, or web resources and associated components being published, or prior to the delivery of finished videos, artwork, or images. Some prices and fees are negotiable according to volume and duration of work and according to the medium, specific intended publication, and relative complexity of the resulting video production, images, design, website, code, software, or artwork.
All reasonable steps are taken to protect the integrity of client material. However, Spine Film cannot accept any responsibility or liability for loss or damage owing to any unauthorized alteration, modification, addition or deletion, or any defacement to the client files after installation or publication, by any party or via any agency. Recovery or restoration under these circumstances is not covered under maintenance fees.
Changes to the Terms
Spine Film reserves the right to change the Terms and Conditions (subject to notice to existing clients). The terms published herein are the current and applicable terms.
Spine Film reserves the right to refuse to incorporate any material that is illegal, unlawful, immoral, or otherwise prejudicial to client interests, into any videos, files, artwork, designs or images produced. Spine Film will not be responsible for the consequences of the use of any materials, images, graphs or charts, formula of words, or any other content provided by the client, or created for the client and published by the client after creation. Spine Film may provide advice about areas within its field of competence but client acceptance of the advice does not create liability for Spine Film.
Cancellation of orders for any unpaid work may be made by telephone and confirmed by letter or email within seven days. The client will be invoiced for work completed to the date of the telephone notification of cancellation (for payment in full within 14 days). The full invoiced amount of the order must be paid if the cancellation does not comply to this procedure.
Spine Film will provide the client with opportunities to review any materials produced. Rejection of materials in whole or part must be communicated in writing within four working days of the date Spine Film sends proofs or approval copies of the materials to the client via email, post. or via other method of delivery.
Spine Film will deliver, install, and upload (if appropriate) client material within 14 days of the date a payment or payment installment is received, if not before.
The client acknowledges and agrees that Spine Film cannot guarantee continuity of service owing to interruptions caused by force majeure, or other circumstances beyond its control including, but not limited to telecommunication breakdown, server downtime, insolvency of suppliers, acts of organised violence, war, riot or other civil disobedience, or industrial dispute.
Spine Film will evaluate any project to determine resources required. An offer to create work will only be made if appropriate resources are available. Spine Film is a low volume, high quality practice creating custom videos, designs, artwork, and images. Not all work is accepted and a prospective client may be asked to produce supplier references or be asked to pay an amount in advance for anticipated work.
Subject to offer, the placement of an order with Spine Film will be regarded as an acceptance of all the above terms and conditions. Orders may be placed, in the first instance, by telephone, and confirmed in writing within seven days.
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