Terms and conditions of ACrew4U
Terms and Conditions of business
for Clients of ACrew4U video and photo crewing services,
REVISED 28 May 2019
- 1. Application
1.1 These Terms & Conditions apply to all crewing and services supplied by ACrew4U Ltd.
- 2. Definitions and interpretation
2.1 The following expressions are defined as set out below:
Assignment: signifies the temporary employment, hire or other utilisation, whether under a contract of service or otherwise of a Freelancer by or on behalf of the Client for a specified period of time, task or project.
Client: signifies any person, film or company that contacts ACrew4U Ltd with the intention of booking an Assignment or otherwise employing a Freelancer or to whom a Freelancer is introduced by ACrew4U Ltd .
Freelancer: signifies any person who is introduced or supplied by ACrew4U Ltd to the Client with the intention of conducting work on behalf of the Client.
the Party, the Parties: refers to the Client (1) ; ACrew4U Ltd (2).
ACrew4U Ltd , “we”, “us”, “our” and “ours”: refers to ACrew4U Ltd and to employees and agents of the respective companies. ACrew4U Ltd has the registered address: Suite 38 – 1 Empire Mews, London, SW16 2BF, United Kingdom and registered company number 06082546.
2.2 Titles and headings do not form part of the Terms and Conditions.
2.3 “He” refers to “he” or “she.”
- 3. Obligations of ACrew4U Ltd
3.1 ACrew4U Ltd act as a broker and provides referral services only.
3.2 ACrew4U Ltd will use reasonable endeavours to effect the introduction of a suitable Freelancer to its Client.
3.3 Freelancers provided by ACrew4U Ltd are not employees of ACrew4U Ltd , they are independent contractors.
3.4 Unless otherwise agreed, Freelancers supply their own equipment.
3.5 All Freelancers are available for a given Assignment at the sole discretion of the Client and not ACrew4U Ltd .
3.6 In the event the Freelancer booked is unable to fulfil the Assignment for any reason, ACrew4U Ltd reserve the right to substitute a Freelancer of equal or greater professional capability.
3.7 No guarantee is given by ACrew4U Ltd as to the suitability of the candidate.
3.8 In the event that the Client notifies ACrew4U Ltd that a Freelancer is unsatisfactory during an Assignment and we are that satisfied the Client’s reasons for this are reasonable, ACrew4U Ltd will use reasonable endeavours to provide a suitable replacement Freelancer.
3.9 ACrew4U Ltd will pay each Freelancer the fees or hourly rate to which they are entitled upon receipt of cleared funds from the Client, having deducted and retained its fee after tax and bank charges and any other expenses.
4 Obligations of the Client
4.1 As early as possible, the Client shall specify the exact nature of their requirements and provide complete details of the work for which the Freelancer is needed. The Client will also notify ACrew4U Ltd of any special skills required for the Assignment concerned.
4.2 The Client will not allow the Freelancer to undertake any work other than that which has been agreed between the Client and ACrew4U Ltd .
4.3 It is the Client’s responsibility to verify that the Freelancer is suitable for duties that he is required to perform and that he is capable of carrying out all the duties required at the time required by the Client; including operation of any necessary machinery or any vehicles used during the period of the Assignment.
4.4 If the Client has reason to believe that the Freelancer is not suitable, or is not capable of carrying out the duties required, he shall inform ACrew4U Ltd without delay.
4.5 The Client must not request the Freelancer to work at height, at depth or underwater, unless the Client provides both the Freelancer and ACrew4U Ltd with written proof of adequate insurance cover, and a risk assessment, as well as providing sufficient and appropriate safety equipment and personnel. The Client shall also ensure that the Freelancer has confirmed to the Client in writing their consent to undertake the project if work at height is involved, wherever possible.
4.6 The Client is responsible for obtaining any appropriate or legally required work permits and other permits or licences and for ensuring that the Freelancer satisfies any medical requirements or has obtained other qualifications that are appropriate or required. This includes confirming with the Freelancer that they have appropriate driving licence documentation, and have had any required vaccinations or health checks.
4.7 The Client must ensure that the conditions under which the Freelancer is working are in conformity with local health and safety regulations at all times.
4.8 It is the Client’s responsibility to advise the Freelancer as to the correct dress code for the Assignment.
4.9 Unless otherwise agreed in writing with ACrew4U Ltd , it is the Client’s responsibility to provide sufficient insurance for the Freelancers for the duration of the Assignment.
4.10 Following the Client’s first Assignment of any Freelancer, if the Client
- Subsequently directly arranges the Assignment of that same Freelancer; or,
- Introduces that same Freelancer to a third party who subsequently arranges the Assignment of the Freelancer;
then the Client must disclose this arrangement to ACrew4U Ltd without delay.
4.11 On commencement of the new arrangement, the Client agrees to pay an introduction fee to ACrew4U Ltd if the Assignment carried out under the new arrangement occurs within 6 months of the date on which the Freelancer’s services were last provided to the Client by ACrew4U Ltd . The introduction fee shall be 10% of the Freelancer’s remuneration for any temporary employment under the new arrangement and 10% of the Freelancer’s initial annual salary to be calculated before tax for any permanent employment under the new arrangement.
5 Approval of Footage Supplied
5.1 Footage viewing and approval is the sole responsibility of the Client.
5.2 For a shoot where the Client or an agent of the Client is present (a “Attended” shoot) ACrew4U Ltd shall not be held responsible if the footage is not viewed/checked by the Client during the production days immediately after each shooting day.
5.3 The Client shall inform ACrew4U Ltd in writing and inform the Freelancer if there are issues with footage quality on the day of viewing, clearly stating all issues arising. This enables for a rectification of the issue in situ if feasible.
5.4 If the Client is not present on the shoot (a “Non-Attended” shoot) , the Client must notify ACrew4U Ltd in writing within 2 working days following the reception of rushes either in a physical form via Hard Disk Drive or Tape or if delivered in an online fashion such as an FTP transfer of all issues that the Client believes render the footage or part of the footage to be of an insufficient quality.
5.5 As early as possible, the Client must submit a log of defective footage and the approximate proportion of footage that is deemed defective.. This applies for both Attended and Non-Attended shoots. ACrew4U Ltd will then proceed with a Quality Control (“Q.C”) viewing of the footage to determine scale and type of defects.
5.6 The footage should conform to BBC broadcast footage standards. The BBC specification can be downloaded here
6 Crew Conduct
6.1 For an Attended shoot, the Client must inform ACrew4U Ltd and the Freelancer in question immediately if the Client deems the him to have behaved or been behaving in an unprofessional or inappropriate fashion. Every attempt should be made by the Client to resolve the issue amicably in situ with the Freelancer and other crew members as appropriate.
ACrew4U Ltd will endeavour to contact the Freelancer or Freelancers and their managers if applicable to resolve any issues.
6.2 If the Client has informed ACrew4U Ltd about an issue arising on a shoot ACrew4U Ltd will check with both the Freelancers and Client twice daily (if this is feasible due to working hours and contactability), to monitor and rectify issues that may arise.
7 Status of Estimates, Options and Bookings for projects
7.1 An estimate does not constitute a guarantee of availability of suitable Freelancers or equipment, and prices are subject to availability and may change in the period between quote and confirmation, at the discretion of ACrew4U Ltd .
7.2 If the Client asks for an Option (also known as a “Pencil”) to be placed on a Freelancer for a given project and given duration, ACrew4U Ltd will endeavour to hold the Freelancer or crew available. Until a confirmed booking is received by ACrew4U Ltd from the Client, there is no guaranteed availability of Freelancers or crew.
7.4 If the agreed option period expires it may be necessary to source different Freelancer or crew. Different rates and technical constraints may apply.
7.5 A booking must include a written order or purchase order accompanied by a scanned copy of the budget, signed by the Client or a person authorised by the Client. A signed confirmation is required by ACrew4U Ltd before any Assignment can commence. In the interests of expediency, ACrew4U Ltd may give express consent to acceptance of an email response as sufficient confirmation. Once a booking has been made, our conditions and penalties for cancellation will apply.
8.1 Freelancers work for a shift with the number of hours stated on the job estimate sheet that ACrew4U Ltd provides to the Client at time of quoting (hours are portal to portal) including a 1 hour lunch break, unless otherwise specified. Incomplete lunch breaks are subject to an overtime rate charge.
8.2 Travel only days are billable for each Freelancer at normal daily rates unless otherwise agreed. Overtime and travel day buyouts may be negotiated before confirmation at preferential rates in certain cases.
8.3 Overtime is billable additionally to the standard daily rate once the stated hours of shift are exceeded, the overtime rate applicable is stated on the job estimate sheet.
9.1The Client may supply their own video tape/discs/recording support, or request ACrew4U Ltd to do so with confirmation of estimated budget. Non-renewable materials (bulbs, disposable batteries, gels, diffusion etc) may incur additional costs.
9.2 ACrew4U Ltd is not responsible for care of raw or master tapes/discs once delivered to the Client.
9.3 Clients who require raw or master tapes/discs and production related materials sent via courier or post to be insured, must provide the relevant instructions before the commencement of an Assignment.
10.1 Once footage is in the shipping process, be it a physical shipment or delivery via electronic means including but not limited to email, FTP, Satellite, Third Party File transfer systems, Satellite and Fibre optic links, ACrew4U Ltd is not liable or responsible for delays that occur, for customs delays, or for delays due to bandwidth issues, satellite bookings or incorrect shipping details supplied by the Client.
10.2 The client is liable to pay for any shipping costs incurred, unless ACrew4U Ltd s receive a discount or refund from the contracted shipper, in which case we will refund monies refunded.
10.3 ACrew4U Ltd use DHL or FedEx for physical shipments, or any other reliable transporter. The tracking information on shipments is the responsibility of the shipper used and not ACrew4U Ltd .
10.4 Due to bandwidth and the volume of data that video presents, ACrew4U Ltd advise against relying solely on electronic delivery of footage for a project and will not be liable for any delay caused if this delivery method is relied on.
11 Playback of Footage
11.1 The Client must state clearly at time of booking the desired video format whether physical or as a digital file.
11.2 The Client is solely responsible for ensuring that they or the end user of the footage have equipment that is compatible with the footage supplied. ACrew4U Ltd will not be liable if files cannot be read or played back by the Client due to incompatible Video Tape Recorders or Computer Equipment that does not have the required Codec installed to allow playback.
12 Safety Copies
12.1 No safety copies of material recorded will be produced, stored or sent to the Client unless requested in advance by the Client prior to an Assignment.
13 Content Exclusivity
13.1 ACrew4U Ltd respect the sensitive or exclusive nature of Clients’ projects and maintains information clearly defined as private and confidential. If confidentiality is a priority for the project in question, the Client is advised to draw up a confidentiality agreement with ACrew4U Ltd , who will consider any reasonable request by the Client to sign such an agreement. ACrew4U Ltd advises the Client to draw up a separate confidentiality agreement with Freelancers.
13.2 ACrew4U Ltd reserve the right to make non-commercial use of text, photos and video content from the projects it services or produces. Clients are responsible for communicating any limitations on such use in writing to ACrew4U Ltd with their confirmation of Assignment, or earlier.
13.3 ACrew4U Ltd makes use of public information with absolute discretion and respect for broadcast and/or distribution calendars.
14 Crew Contact
14.1 Upon booking of the order, ACrew4U Ltd will endeavour to provide the Client with the relevant Freelancer ID and contact information as soon as possible.
14.2 The Client is requested to carbon copy (cc) all written communication with Freelancers or crew to [email protected] in order to ensure quality control.
15 Additional Services
15.1 If additional services are required for the Assignment, the Client should make a request in writing to ACrew4U Ltd – allowing sufficient time to acquire the materials or services necessary. ACrew4U Ltd will endeavour to comply with any reasonable requests for addtional services and reserves the right to adjust the budget accordingly.
16 Production Costs
16.1 All budgets prepared by ACrew4U Ltd are inclusive of Assignment booking and management services. Incidental, out-of-pocket expenses (tolls, parking, parking tickets, taxis etc) paid by Client on location are not subject to ACrew4U Ltd’s costs or handling fee.
16.2 For certain productions a contingency fee is itemised and added onto estimated budgets.
17.1 All budget estimates and invoices are expressed, and to be paid, in the currency stated on the quote sheet from which the Assignment was agreed upon unless otherwise agreed.
17.2 ACrew4U Ltd reserves the right to alter an amount due in partial or full payment to allow for fluctuations in currency exchange rates.
17.3 Estimates and invoices state Value Added Tax (VAT) due at the prevailing United Kingdom rate applicable at the time of invoicing, unless the Assignment qualifies for a zero VAT rating.
17.4 The Client must provide a current billing address and VAT or equivalent Tax ID Reference upon confirmation of the booking.
17.5 Final invoices are issued as soon as possible after the completion of an Assignment.
18.1 At all times, the Client is responsible for the expenses incurred by ACrew4U Ltd in order to supply contracted services.
18.2 – PAYMENT TERMS FOR CLIENTS FOR JOBS IN GBP POUNDS STERLING ONLY
18.2.1 – All new clients must have completed and signed the new client sign up form
18.2.2 – In all cases client must issue a Purchase Order to the value of 110% of estimate total excluding any VAT or an email stating this is the case
18.2.3 – The Client must make a Payment of 50% in advance
18.2.4 – The client must make a payment of the remaining 50% balance plus any other expenses due within 30 days of invoice
18.2.5 – Credit card payment charged at 3% of invoice value including any applicable taxes.
18.3 – PAYMENT TERMS FOR LARGE CLIENTS FOR JOBS IN GBP POUNDS STERLING ONLY
DEFINITION OF LARGE CLIENTS-
- clients we have been working for a minimum of 12 months
- and clients that spent over GBP 15,000 during this same period
18.3.1 – All new clients must have completed the new client sign up form
18.3.2 – In all cases client must issue PO to the value of 110% of estimate total excluding any VAT or an email stating this is the case
18.3.3 – The client must make payment of the estimate total plus any other expenses due within 30 days of invoice
18.3.4 – Credit card payment is charged at 3% of invoice value including any applicable taxes.
18.4 – PAYMENT TERMS FOR CLIENTS FOR JOBS NOT IN GBP POUNDS STERLING
standard terms for non GBP clients
18.4.1 – All new clients must have completed the new client sign up form
18.4.3 – The Client must make a Payment of 50% in advance
18.4.4 – The client must make a payment of the remaining 50% balance plus any other expenses due within 30 days of invoice
18.4.5 – Credit card payment is charged at 3% of invoice value including any applicable taxes.
18.5 Where full payment is not received within 15 days of the due date, or as otherwise agreed in writing, ACrew4U Ltd may charge interest on the outstanding amount or appoint a recovery agency to recover monies outstanding , the charge for recovery of debts is the responsibility.
19 Cancellation and date change
19.1 All booked and confirmed Assignment time is subject to cancellation charges at the following rates:
48 to 72 hours notice – 50% of time confirmed
24 to 48 hours notice – 100% of time confirmed
Less than 24 hours notice – 100% of time confirmed
20.1 ACrew4U Ltd does not exclude or restrict liability for fraud, or for death or personal injury caused by negligence.
20.2 Subject to the previous clause, ACrew4U Ltd shall not be liable to Clients for loss of profit, revenue, contracts, anticipated services or for any indirect or consequential loss. ACrew4U Ltd shall not be liable for the acts or omissions of the Freelancer referred by it to the Client, or for any damage or loss caused by the Freelancer as a result of their negligence or delay, or for the failure of the Freelancer to complete the Assignment for any reason.
20.3 In any event, but not including fraud, and not including death or personal injury caused by negligence, ACrew4U Ltd shall not be liable to Clients for more than 25% of the budget agreed for the project between ACrew4U Ltd and the Client.
21 Entire Agreement/Amendment
21.1 These Terms and Conditions incorporate all other documents and written or oral terms agreed and represent the entire and integrated agreement between the Parties hereto with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements, either oral or written between the Parties.
21.2 In the event of any conflict between these Terms and Conditions and any other Terms & Conditions, these Terms shall prevail unless expressly otherwise agreed in writing by ACrew4U Ltd , and no reliance shall be placed by either Party on other representations.
21.3 This agreement may be amended or modified only by a written document signed by all Parties.
22. Dispute resolution
22.1 The Parties agree to seek to resolve any dispute which arises during the continuance of this agreement or upon its determination amicably and in good faith by negotiation in the first instance.
22.2 If the dispute continues to be unresolved then the Parties agree to attempt to settle it by mediation and the mediator may be nominated by the Chair of the Bar Council on the application of either Party.
22.3 If the dispute is not settled at mediation in accordance with this clause within a period of twenty working days or such longer period as may be mutually agreed after the appointment of a mediator, either Party shall be entitled to resort to any other process for resolution or litigation.
23. Applicable Law
23.1 The law of England and Wales applies to these Terms and Conditions and to all other dealings.
AT 28 DECEMBER 2019 WJM