Terms of Business

Fresh Cut Video Production Services Terms & Conditions

Please read these Terms and Conditions carefully before commissioning or using any of our Services.

1. Interpretation and Definitions
 

1.1 In these Terms and Conditions:

“We”, “Us”, “Our” or “the Company” refers to Fresh Cut Video, registered in England.

“You” or “the Client” means any party commissioning or using our production services.

“Services” refers to all production-related services provided by Fresh Cut Video, including but not limited to filming, photography, video editing, livestreaming, post-production, and any related creative or technical support delivered either in person or remotely.

“Estimate” refers to our written proposal detailing the scope of work and associated costs.

“Contract” means the legally binding agreement formed by the acceptance of our Estimate and these Terms.

“Deliverables” means the final edited videos, photographs, audio files, or any other media or materials agreed in writing as part of the Services.

“Written Notice” means any communication submitted by post or by email (with receipt acknowledged), as defined in Clause 14.

“Business Day” means any day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

1.2 These Terms and Conditions, together with any approved Estimate, form the full agreement between the Client and Fresh Cut Video unless superseded by a separately executed contract. Approval of an Estimate in writing, or by allowing Services to proceed, confirms acceptance of both the Estimate and these Terms in full.

2.  Scope of Agreement

2.1 These Terms apply to all Services provided by Fresh Cut Video unless a separate formal agreement has been executed. In such cases, the terms of that agreement shall prevail.

2.2 In the absence of a bespoke written agreement, these Terms supersede any alternative terms proposed by the Client.

2.3 Any marketing, promotional or illustrative materials provided by the Company are for reference only and do not constitute binding terms unless explicitly incorporated into the Estimate or agreed in writing.

3.  Pricing and Estimates

3.1 All pricing will be detailed in an Estimate issued by Fresh Cut Video. Prices are valid for 30 days unless otherwise stated.

3.2 Written approval of the Estimate constitutes acceptance of both the quoted costs and these Terms and Conditions. However, in circumstances where written approval has not been expressly provided, but the Client has allowed the Services to proceed—whether by verbal agreement, booking confirmation, or by instructing or enabling the Company to begin work—such actions shall be deemed to constitute acceptance of the Estimate and these Terms in full.

3.3 Any additional work or variations requested by the Client outside the scope of the original Estimate may incur further charges, which will be communicated and agreed where possible in advance.

3.4 VAT, where applicable, will be added at the prevailing rate.

4.  Invoicing and Payment

4.1 Standard payment terms are Net 30 days unless otherwise stated on the invoice.

4.2 For projects over £5,000, a deposit of 50% may be required before work begins, with the remaining 50% due upon delivery.

4.3 Payments not received within agreed terms will incur statutory interest as per the Late Payment of Commercial Debts (Interest) Act 1998 (8% plus the Bank of England base rate).

4.4 The Company reserves the right to suspend or withhold delivery of Services pending payment of overdue invoices.

5.  Cancellation and Postponement

5.1 Written notice is required for all cancellations. Cancellation charges are as follows:

  • More than 14 calendar days in advance: No charge
  • Between 7 and 14 calendar days in advance: 50% of the total Estimate.
  • Less than 7 calendar days in advance: 75–100% of the total Estimate, at our discretion, depending on staffing and resource commitments already incurred.


5.2 The Company reserves the right to waive or reduce cancellation charges at its sole discretion, taking into account circumstances such as force majeure events, the ability to reschedule resources, or other factors deemed relevant by the Company. Any such reduction or waiver shall be confirmed in writing and does not constitute a precedent for future cancellations.

6.  Delivery and Performance

6.1 We will make all reasonable efforts to meet agreed deadlines. Timeframes are indicative unless stated otherwise.

6.2 We are not liable for delays due to client-side issues, access restrictions, weather conditions, or third-party service failures.

6.3 Projects are deemed complete upon delivery of final agreed outputs.

7.  Intellectual Property

7.1 Fresh Cut Video retains copyright of all materials unless otherwise agreed in writing.

7.2 The Client gains usage rights to the final deliverables only upon full payment.

7.3 We may use excerpts from completed projects for our portfolio, showreel, and promotional use. We will seek client approval for sensitive or high-profile use.

8.  Liability and Insurance

8.1 Our total liability is limited to the value paid under the relevant Contract.

8.2 We are not liable for indirect or consequential losses, equipment failure, location access issues, or third-party service errors.

8.3 Clients are responsible for securing permissions for talent releases, location access, and third-party content.

8.4 We are not responsible for long-term storage or backup of final Deliverables unless otherwise agreed in writing.

9.  Client Responsibilities

9.1 Clients must provide necessary materials, feedback, and approvals in a timely manner.

9.2 Clients are responsible for ensuring all filming locations are accessible, safe, and properly permitted.

9.3 Delays caused by the Client may affect the timeline and result in additional charges.

10.  Revisions and Approvals

10.1 Estimates include up to 2 rounds of revisions unless otherwise specified in the estimate. Additional changes will be charged at an hourly rate.

10.2 Final approval is required in writing. Once granted, additional changes may be subject to further costs.

10.3 Major changes to the brief mid-project may require a new Estimate.

11.  Technical Specifications

11.1 Deliverables will be supplied in standard HD or 4k formats unless otherwise specified. Typically h264/h265 compression.


11.2 Project files are typically retained for a minimum of 30 days after final delivery. The Company may retain files for longer periods at its discretion but makes no guarantee of availability beyond the initial 30-day period.

11.3 Clients may request guaranteed long-term storage of project files for an additional annual fee. Upon request, the Company will provide a separate estimate detailing the storage period and associated costs.

11.4 Clients requiring guaranteed long-term storage should arrange this service before the initial 30-day period expires. File transfer services or media costs may apply for large file deliveries.

12.  Termination

12.1 Either party may terminate the Contract with immediate effect by written notice if the other:

  • Commits a material, irremediable breach of a fundamental obligation under this Contract;
  • Commits a material breach which is not rectified within 14 days of written notice specifying the breach and required remedy;
  • Ceases to trade, enters insolvency or seeks to make arrangements with creditors.

12.2 For the avoidance of doubt, the following shall not constitute grounds for immediate termination: minor delays in delivery, reasonable requests for clarification, creative differences, or disagreements over subjective matters such as creative direction.

12.3 Any party claiming material breach must provide written notice detailing the specific breach and, where applicable, the steps required for remedy.

13.  Confidentiality

Both parties agree to keep confidential all non-public information obtained during the course of the Contract, except where required by law.

14.  Data Protection

Both parties agree to comply with the UK GDPR and all other applicable data protection legislation.

15.  Anti-Bribery and Corruption

Each party shall comply with the Bribery Act 2010 and take measures to prevent corruption.

16.  Force Majeure

16.1 Neither party shall be liable for any delay or failure in performing its obligations under these Terms where such delay or failure is caused by events beyond its reasonable control (“Force Majeure”), including but not limited to acts of God, pandemics, natural disasters, war, civil commotion, government restrictions, labour disputes, utility failures, major technical failures, or the failure of suppliers or subcontractors to deliver services or materials.

16.2 Inability to meet a financial obligation (such as payment of an invoice) shall not be considered a Force Majeure event.

16.3 If a Force Majeure event continues for more than 30 days, either party may terminate the affected project by written notice without further liability, other than for Services already delivered or expenses already incurred.

17.  Notices

All notices must be in writing and delivered by post or email with confirmation.

18.  No Partnership or Agency

Nothing in these Terms shall be deemed to create a partnership, joint venture, employment or agency relationship between the parties. Neither party shall hold itself out as being authorised to bind the other, and neither party shall make representations or commitments on behalf of the other without express written consent.

19.  Severability

If any provision of these Terms is found to be unenforceable, the remaining terms shall remain in effect.

20.  Dispute Resolution

Both parties agree to attempt to resolve disputes amicably. If unresolved, disputes will be referred to mediation before formal legal action.

21.  Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Jurisdiction is exclusive to the courts of England and Wales.

12.  Contact

If you have any questions about these Terms, please contact us at:  hello@freshcutvideo.co.uk

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