Terms and Conditions

These are the Terms and Conditions of Film Everything. In this document, "we", "our", or "us" refer to Film Everything.

Film Everything
121 Bowerdean Road, High Wycombe, HP13 6AY
contact@filmeverything.co.uk

Effective Date: 01/01/2020

1. Kit Hire

1.1 By payment of the invoice, the Hirer confirms they agree to cover the total insurance cost of replacement of the kit should it be lost, damaged, or stolen. It is the Hirer's responsibility to have appropriate insurance in place. The total kit value is stated on each invoice.

1.2 Valid photographic ID must be presented on collection of the kit.

1.3 Late Return: If the kit is not returned by the agreed return date and time, the Hirer will be charged a daily hire fee (equivalent to the daily rate stated on the invoice) for each day or part of a day the kit is outstanding, until the kit is returned in full. The Hirer remains responsible for the kit and its insurance during any late return period.

1.4 Payment Terms (unless otherwise agreed in writing in advance): A cleared balance payment in full is required before the kit is collected.

2. Filming, Design & Photography Services

2.1 Clients must supply a fully completed and signed agreement/contract (if applicable) before work commences.

2.2 Final edits will be provided as digital downloads unless otherwise stated.

2.3 DVD/Blu-ray/USB copies can be provided on request (price on request).

2.4 Payment Terms (unless otherwise agreed in advance): Unless otherwise agreed in writing in advance, invoice payments are due within 14 days of the invoice date or filming/photography date (whichever is earlier). The invoice payment due date is stated on each invoice. Failure to meet these terms will result in late payment charges equivalent to 'Statutory Interest', charged at 8% of the invoice total plus the Bank of England base rate.

3. Analogue Tape Digitisation Services

3.1 By engaging 'Film Everything' for the digitisation of analogue tapes (including but not limited to VHS, Cassette, Reel-to-Reel, and MiniDV), the customer acknowledges that all physical media degrades over time.

3.2 'Film Everything' accepts no responsibility or liability for any damage, breakage, shedding, or loss of content resulting from the natural deterioration, age, or pre-existing fragility of the tapes.

3.3 Pre-Transfer Assessment: While we perform a visual inspection prior to processing, some internal defects (such as binder hydrolysis or "sticky shed syndrome") may only become apparent during playback. If a tape exhibits signs of critical failure during the digitisation process, we will halt operations to prevent further harm. However, any damage that occurs despite our best efforts due to the inherent instability of the aged medium is the sole responsibility of the customer.

3.4 Limitation of Liability: Our service is provided on an "as is" basis regarding the physical condition of your media. In no event shall 'Film Everything' be liable for: Physical breakage of tape spools or shells due to brittleness. Loss of magnetic coating or signal dropouts caused by age. Inability to play the tape due to seizure or warping.

3.5 All tapes, including tapes found to be blank and regardless of condition or digitisation success, will be liable for processing costs.

4. Limitation of Liability

4.1 To the maximum extent permitted by law, Film Everything shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business opportunity, or loss of goodwill, arising out of or in connection with the hire of equipment or the provision of services.

4.2 Film Everything's total aggregate liability in respect of any claim arising out of or in connection with these Terms shall not exceed the total amount paid by the Hirer/Client for the specific kit hire or service giving rise to the claim.

4.3 Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

4.4 Film Everything shall not be liable for any delay or failure to perform its obligations where such delay or failure is attributable to causes beyond its reasonable control (see Force Majeure, Clause 4).

5. Force Majeure

5.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, storm, epidemic or pandemic, war, terrorism, civil unrest, government action or regulation, strikes or industrial action (other than those of the affected party's own employees), power or communications failure, or supply chain disruption.

5.2 The affected party shall notify the other party as soon as reasonably practicable of the force majeure event and its expected duration, and shall use reasonable efforts to mitigate the effects of the event.

5.3 If a force majeure event continues for more than 14 consecutive days, either party may terminate the affected agreement by written notice, and the Hirer/Client shall be entitled to a pro-rata refund for services not yet rendered. No further liability shall arise from such termination.

6. General

6.1 These terms form part of the contract between the Hirer/Client and Film Everything.

6.2 We reserve the right to amend these terms; updated versions will be posted on our website.

6.3 These terms are governed by the laws of England and Wales.