1. About these terms
These terms apply when you use this website and when you buy services from Cass Productions Limited, trading as NHIM Media (company number 03667610, registered in England and Wales), whose registered office is at The Patagonia Suite, Lyndhurst Road, Ashurst, Southampton, Hampshire, SO40 7AA. In these terms, "we" means Cass Productions Limited and "you" means the person or business using the site or buying our services. Our services are aimed at businesses. Section 15 explains what changes if you are a consumer.
2. Using this website
You may use this website for lawful purposes. You must not try to get unauthorised access to the site or the server it runs on, introduce malicious code, or use automated tools to copy its content. We may change or withdraw the site at any time.
3. Quotes and contracts
After we have discussed your project, we send you a written quote. A quote sets out the work, what will be delivered, the price and the schedule. A quote is valid for 30 days unless it says otherwise. A contract is formed when you accept the quote in writing, including by email, or pay a deposit. If a quote differs from these terms, the quote takes priority. We will supply our services with reasonable care and skill, as required by the Supply of Goods and Services Act 1982.
4. Your responsibilities
Unless the quote says we will arrange them, you are responsible for:
- giving us accurate information and a clear brief, on time
- access to your premises and permission to film at locations you control
- telling us about site safety rules and giving any inductions we need
- consent or releases from your staff and from people you ask us to film
- making sure any material you give us, such as logos, music or footage, does not infringe the rights of anyone else
- telling event guests that filming is taking place
- product samples for product shoots, which you send and collect at your own risk unless we agree otherwise
Extra safeguards are needed when filming children or vulnerable adults. Tell us in advance if they will be present so we can agree how consent will be obtained.
5. Filming days and changes
The quote sets out the filming dates. If you need to cancel or move a date, tell us as soon as you can. The quote may set out cancellation charges. Where it does not, you will pay the reasonable costs we have already incurred or cannot recover, such as crew, equipment, studio or travel costs, and work already completed. Changes to the agreed work may change the price and schedule, and we will confirm any change in writing before going ahead.
6. Review rounds
The quote states how many rounds of changes are included. Please send your comments together and by the dates agreed. Further rounds, or changes that go beyond the agreed brief, may be charged at the rate we quote at the time. Work is treated as approved when you confirm it in writing or publish it.
7. Fees and payment
Fees are set out in the quote. VAT will be added only if it applies, and any VAT will be shown on the quote. Unless the quote says otherwise, invoices are payable within 30 days of the invoice date. For business customers, we may charge interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998. We may hold back final files until the amount due has been paid.
8. Copyright and licence
Copyright in footage, photographs, edits and graphics we create belongs to us under the Copyright, Designs and Patents Act 1988 until assigned in writing. Once you have paid in full, you may use the finished work for the purposes, territories and period stated in the quote. If the quote does not state these, you may use it for your own business marketing and communication worldwide without a time limit.
Raw footage, project files and working materials are not included unless the quote says so. Licensed music, stock material, fonts and the rights of performers or voice artists may have their own limits, such as a limit on paid advertising or a fixed period. We will tell you about these limits, and extra fees may apply if you want to go beyond them.
9. Showing our work
We may show finished work in our portfolio and marketing after you have published it, unless you tell us in writing not to, or the work is confidential. We keep project files only for the period stated in the quote or, if none is stated, for as long as we reasonably need them. Please keep your own copy of the final files.
10. Advertising content
You are responsible for the accuracy of claims made about your products or services in any advert, and for being able to back them up. Adverts in the UK must follow the rules enforced by the Advertising Standards Authority, including the CAP Code and, for broadcast, the BCAP Code. TV adverts usually need clearance before broadcast. Unless the quote says otherwise, you arrange and pay for clearance and media placement, and any re-edit required by a clearance body may be charged as extra work.
11. Drone work
Drone flights are carried out in line with UK Civil Aviation Authority rules and depend on weather, airspace, site conditions and the permissions needed for the location. The pilot may delay, change or stop a flight at any time on safety or legal grounds. This is not a breach of contract, and we will agree a reserve date with you where one is possible.
12. Confidentiality and data
Each of us will keep the other's confidential information private and will use it only for the project, unless disclosure is required by law. Each of us will follow UK data protection law. Where we process personal data on your behalf, such as people shown in footage you have commissioned, you are normally the controller and we act on your documented instructions. Read our privacy notice for more.
13. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law, including under the Unfair Contract Terms Act 1977.
Subject to that, and where you are a business customer, our total liability under or in connection with a contract is limited to the fees paid or payable for that contract, and we are not liable for loss of profit, loss of business, loss of goodwill or indirect or consequential loss. If footage is lost or a shoot cannot go ahead because of our fault, our first step will be to reshoot or re-edit the affected work at our own cost, where this is possible.
14. Events outside our control
We are not responsible for delay or failure caused by events beyond our reasonable control, such as severe weather, illness of key crew when no replacement is available, power or network failure at a venue, or the actions of authorities. We will tell you as soon as we can and work with you to agree a new date.
15. Consumers
If you buy from us as a consumer, you have legal rights under the Consumer Rights Act 2015 and these terms do not affect them. Sections 7 (late payment interest) and 13 (second paragraph) do not apply to you. If a contract is made at a distance, such as online or by phone, you normally have the right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you ask us to start work within that period, you may have to pay for work done up to the point you cancel.
16. Law and complaints
If you have a complaint, contact us on 023 8065 2220 or [email protected] and we will try to put it right. These terms and any contract with us are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.