Terms & Conditions of Business
GloCast LTD (“GLO”) Terms and Conditions 2022
1. “Project” means the entire obligations of GloCast Ltd as described herein including but not limited to, filming, production, editing, live streaming and providing the Client with the agreed Deliverables within the agreed time frame. The Project is based upon the Client’s requirements and instructions which will be provided to GloCast Ltd as detailed in paragraph 7 below (the “Brief”).
2. “Deliverables” means all videos, materials, information developed by GloCast Ltd in relation to the Project in any form including footage, film, live footage, software, video uploads, memory cards / sticks, DVDs or CDs.
3. Payment. In most cases, GloCast Ltd will invoice 50% of the quote upon confirmation of the job, with the remaining balance on completion. Any invoices that are not paid within 45 days of the invoice due date will incur a penalty fee of 5% of the outstanding balance per day.
4. When projects do not meet “completion” due to the client and not GloCast Ltd, then the full amount quoted is payable.
5. One (1) day of filming means ten hours ‘base to base’ from Edinburgh. Half (1/2) day of filming means five hours ‘base to base’ from Edinburgh. Any overtime will be charted at 1.5 x the crews hourly rate and added to the final invoice..
6. Production crew will wear branded GLO polo shirts on location unless otherwise specified.
7. We do not guarantee that the Streaming Services will always be available, uninterrupted, timely or secure from viruses, errors or omissions.
8. All expenses relating to a Project shall be paid by the Client. Where expenses are likely to be significant, GloCast Ltd reserves the right to require the Client to pay the full amount of the expected expense in advance. General out-of-pocket expenses incurred during the Project, such as courier charges, traveling and hotel expenses, will be paid by the Client at cost. Where extra expenses are incurred, either as a result of alterations to the original Brief or otherwise at the Client’s request, the Client shall pay such expenses. All expenses described in this paragraph shall be paid promptly upon receipt of the respective invoice.
9. The agreed Brief must be confirmed with GloCast Ltd in writing before commencement of work and subject only to one set of minor alterations thereafter. The Client warrants that he Brief is accurate. In the event that the Client (i) alters the estimated budget / deliverables after the date of this contract, (ii) causes delay in providing GloCast Ltd with materials, information, instructions or authorisations or (iii) supplies faulty materials to GloCast Ltd or in the event that any other circumstance beyond GloCast Ltd’ control occurs, the Client may be required to pay extra charges, or expenses to GloCast Ltd and GloCast Ltd shall not be liable for delays in completion of the Project caused as a result of the events described herein. Major alterations to the Brief, not agreed prior to the commencement of work, can only be made subject to written agreement.
10. Cancellation fees:
If the Client cancels this contract within 14 days [of the date of filming or webcast] the Client must pay 50% of the amount of Total Cost not already paid. It the Client cancels this contract within 5 days [of the date of filming or webcast] the Client must pay 75% of the amount of Total Cost not already paid. All deposits are non-refundable.
11. For animation / motion graphics, If the client cancels this project, then the client agrees to pay the Total Cost for that stage and all expenses incurred up to cancellation, including any expenses related to unpresented work which may have already commenced.
12. In the event of any loss, emotional distress, costs, damages, charges or expenses in relation to the videos, the recording, the filming, the webcast, the video media, hard drives, raw files or the Client caused by illness of GloCast Ltd staff, equipment failure, or unforeseen circumstances, liability will be limited to a 50% refund of any fees paid. Due care will be taken to protect any digital media, but GloCast cannot be accountable for any machine error.
13. GloCast Ltd’s total liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this contract shall in all circumstances be limited to the total amount of any sum paid.
14. If the talent, actors or other individuals used in the production are under the age of 18 it is the Client’s responsibility to obtain permission to include them in the final video or broadcast.
15. Any logos, artwork and/or images submitted by the Client must be high resolution and the Client warrants that they have permission to use such logos, artwork and/or images.
16. Where a company has corporate branding guidelines these must be made available for reference before hand for discussion.
17. In the absence of brand guidelines and non advice of preferred use of font, graphic style, colour or size then we will use a font style and design graphics where appropriate if requested that we feel suite the style and audience for your production.
18. With respect to any copyright material selected or supplied by the Client, and unless otherwise agreed in writing, the Client will accept responsibility for obtaining the rights to use such copyright materials (including but not limited to music, text and images) that the Client wants to be used as part of a Project. GloCast Ltd cannot and will not use copyright material unless the rights to use it have been properly cleared by itself or the Client.
GloCast Ltd is not accountable for any breach of copyright.
19. In performing its obligations under this Agreement, GloCast shall comply with the Data Protection Legislation and any notifications or registrations made or reasonable instructions given by Client thereunder.
GloCast shall take reasonable technical and organisational measures with a view to preventing the unauthorised or unlawful processing of the Data and/or the actual loss or destruction of, or damage to, the Data.
GloCast Ltd shall where Data is to be made available to Client on an exclusive basis:
(a) refrain from disclosing the Data except in accordance with Client’s instructions and otherwise in accordance with this Agreement and having regard to the provisions of the Data Protection Legislation, or as is required by law or any regulatory body; and
(b) process the Data under this Agreement only in accordance with Client’s instructions and otherwise in accordance with this Agreement and having regard to the provisions of the Data Protection Legislation, or as is required by law or any regulatory body.
GloCast Ltd shall ensure that all communications with any person exercising any statutory powers under the Data Protection Legislation, or with a Data Subject (as defined by and in relation to the exercise of a Data Subject’s rights under the Data Protection Legislation) are made only through Client and GloCast Ltd shall immediately upon receipt by GloCast Ltd forward to Client any such communications and provide such reasonable assistance as Client may require on matters relating to this paragraph.
Where Data is to be made available to Client on an exclusive basis, GloCast Ltd shall not use the Data for any purpose other than the performance of this Agreement.
Subject always to an obligation to comply with all relevant Data Protection Legislation, GloCast Ltd shall, whilst the Data is in GloCast’s possession or control, take reasonable precautions to ensure the integrity of the Data and to prevent any corruption or loss of the Data.
20. Videos will be uploaded at after each round of changes for client approval. Once feedback is received GloCast will take up to 20 working days to make the changes. Then the new version of the video is put online. Following the Client’s approval of the final video, delivery will take 5 working days. If the client takes longer than 6 weeks to provide feedback on a video, then GloCast Ltd are no longer accountable to the 20 days, and 5 days for final video delivery.
21. As between GloCast Ltd and the Client, all intellectual property rights and all other rights in the Deliverables shall be owned by GloCast Ltd. GloCast Ltd licenses all such rights to the Client free of charge on a non-exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Deliverables. If this contract is terminated, this license will automatically terminate.
22. The Client’s usage of the Deliverables is restricted to the specific purpose described in this proposal. If the Client intends that all or any part of the Deliverables will be used in any context other than as indicated in this proposal, prior written agreement (including additional fees) must be obtained by GloCast. All Deliverables shall remain GloCast sole property unless otherwise agreed. Any creative proposals, ideas or concepts GloCast presents to you remain GloCast sole property and may not be used, copied or shared electronically in any shape or form.
23. GloCast will keep a master copy of all production files and videos for a minimum of two years. GloCast cannot be held responsible for any damage to such files.
24. GloCast Ltd will retain a copy of your final video on our system until it has been approved.
This can be for a maximum of 1 year. We can keep productions for longer but you will be charged for this service.
25. GloCast Ltd reserves the right to place a production credit at the end of all videos, in the form of our short end animation. This can be removed on the final delivery version by arrangement, and a fee may be payable.
26. GloCast Ltd also reserve the right to use any footage or other material obtained during the Project for GloCast Ltd’s own promotions, including our online portfolio and showreel. This could include the use of the clients logo on the GloCast Ltd website.
27. GloCast Ltd reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information, its inclusion may be considered.
These terms and conditions of business, the contract between parties and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of Scotland and shall be subject to the exclusive jurisdiction of them courts of Scotland.
1. The Discloser (GloCast Ltd and all it’s trading names) intends to disclose information (the Confidential Information) to the Supplier for the purpose of furthering the business activities of the Discloser (the Purpose). This Confidential Information includes (but not exclusively) client contacts, client relationships, product costs, supplier costs, marketing techniques, equipment owned, security information, company documents, company policies, business strategy, client’s video content, rushes video material both footage used in the final cut and footage ‘off camera’ etc.
2. The Supplier undertakes not to use the Confidential Information for any purpose except the Purpose, without first obtaining the written agreement of the Discloser.
3. The Supplier undertakes to keep the Confidential Information secure and not to disclose it to any third party.
4 The undertakings in clauses 2 and 3 above apply to all of the information disclosed by the Discloser to the Supplier, regardless of the way or form in which it is disclosed or recorded but they do not apply to:
a) any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or
b) any information which is already known to the Supplier and which was not subject to any obligation of confidence before it was disclosed to the Supplier by the Discloser.
5. Nothing in this Agreement will prevent the Supplier from making any disclosure of the Confidential Information required by law or by any competent authority.
6. The Supplier will, on request from the Discloser, return all copies and records of the Confidential Information to the Discloser and will not retain any copies or records of the Confidential Information.
7. Neither this Agreement nor the supply of any information grants the Supplier any licence, interest or right in respect of any intellectual property rights of the Discloser except the right to copy the Confidential Information solely for the Purpose.
8. The undertakings in clauses 2 and 3 will continue in force indefinitely.
9. This Agreement is governed by, and is to be construed in accordance with, Scots law.
The Scottish Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement
10. If you appear on camera or your work is included in any of our videos…
11. You assign to GloCast Ltd the copyright and all other rights in any contributions for use in all media now known or which may be developed in future and you confirm that your contributions will not infringe the copyright, or similar rights, of any third party.
12. In the light of the need of film production for flexibility, you agree that GloCast Ltd may edit, adapt, or translate your contributions and you agree not to exercise any “moral rights” you may have against GloCast London LTD in respect of any uses of your contributions pursuant to this Agreement or against any third parties who have been authorised by GloCast Ltd .
13. You agree that your contributions will not bring GloCast or their client in to disrepute or be defamatory but you will not be liable in respect of defamatory material which is included without negligence or malice on your part.