home
Terms & Conditions
For the recording of Voiceovers, the following Terms and Conditions apply:
1. The expression "the Supplier" means BigFish Media Ltd. The expression "the Buyer" means the person, firm, company or entity purchasing goods or services from the Supplier.
2. The Supplier contracts on these conditions only, and acceptance by the Supplier of any order from a Buyer will be deemed an acceptance of these Terms and Conditions by the Buyer. No Terms and Conditions other than those set forth herein or any variation thereof under Condition 19 shall be binding upon the Supplier or the Buyer unless provided in writing and signed by or on behalf of both the Supplier and the Buyer.
3. For Buyers without a good credit history with the Supplier, Buyers not based in the UK and new Buyers, payment of 100 per cent of the fee is required before the product is supplied. For Buyers with a good credit record with the Supplier, payment is due within 30 days of the date of invoice (unless otherwise specified by the Supplier). A temporary thirty day licence is extended to clients. Failure to pay BigFish Media Ltd within this 30 day period will be considered a breach of copyright and is punishable under CRIMINAL law.
4. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (EC Directive), the right is reserved to charge interest at 8% above the late payment period reference interest rate based on the relevant Bank of England base rate on all amounts outstanding for more than 30 days (the Credit Period) from the Tax Date indicated on the invoice; and further to make a statutory compensatory charge on late payments, as follows: for amounts below £1,000 a charge of £40; for amounts between £1,000 and £10,000 a charge of £70; and for amounts above £10,000 a charge of £100. Such charges may be applied and added to the debt. Details of these charges can be found at the DTI's website: www.payontime.co.uk
5: The right is reserved to levy a minimum charge of £10 for each written reminder or statement produced and sent after the Credit Period.
6: Credit facilities and the supply of any future services may be withdrawn in the event of a breach of these Terms and Conditions.
7: Unless otherwise agreed, all Session and Use fees are set at no lower than the minimum relevant Equity rates, together with any additional Terms and Conditions published on the relevant Equity rate cards or guidelines in force at the time the service was provided.
8: Fees for voice-overs supplied for radio commercials produced by a radio station or appointed sub-contractor under the Equity Independent Radio Commercials Payments Rate Card are calculated on a one fee per voice performed, per script, per station basis at the relevant transmitting station(s) rates unless otherwise indicated.
9: Fees are set at a level to reflect the stated usage at the time of booking. Any further usage on other broadcast outlets, for other advertisers, in other media, beyond the duration of stated licensing terms or the re-use of recorded material in other productions is beyond the scope of the original agreement and must be advised by the Buyer at the point of intended further use, the Supplier's permission sought and appropriate payments made at the Suppliers discretion at or above the rates then prevailing on the relevant Equity rate card. Use periods will be considered to commence from the date of the original supply of the material.
10: For work carried out after the hour of 6pm and at any time during Saturday and Sunday or on a bank holiday in the UK, the Supplier reserves the right to charge an out of hours supplement. Any such charge will be notified to the Buyer in advance.
11: If the Buyer cancels any contract giving the Supplier less than twenty-four hours notice, the Supplier reserves the right to charge a cancellation fee of 100% of the fees payable under the terms of the contract.
12: Copyright in all written and/or audible work created by the Supplier remains the property of the Supplier, unless the Buyer and Supplier have agreed otherwise by way of written contract.
13: The Buyer undertakes that they will notify the Supplier if they shall assign, transfer or sell any Contract or benefit to which these Terms and Conditions apply.
14: The Buyer warrants and undertakes that: (a) they will be responsible for obtaining and paying for all necessary licences and consents for the use of any copyright material contained in, or the inclusion of any person in their production; (b) No copy will breach the copyright or other right of or be defamatory toward any third party; (c) they will indemnify and keep the Supplier indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use of any copy or matter supplied by the Buyer.
15: Prices are quoted net of Value Added Tax which will be payable at the current rate.
16: In the event of any failure by the Buyer to comply with these Terms and Conditions, the Supplier may terminate immediately any licence to the Buyer to broadcast or perform or otherwise exploit the Supplier's work.
17: If any provision of these Terms and Conditions is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these Terms and Conditions and of the remainder of the provisions in question shall not be affected.
18: Governing Law: The Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
19: For voiceover artists working for BigFish Media Ltd, a commission of twenty per cent plus VAT is payable on all monies earnt through the company. This will be deducted from the session fee. Your fee will be paid within seven working days of BigFish Media being paid by its client.
20: For Buyers contracting the Supplier to provide visual services (video production, TV studio hire etc.), fifty per cent of the fee is due to secure a booking; the cleared balance is due in our account seven days before the date of engagement.
21: All accounts are to be settled by BACS (online payment). For Buyers not based in the UK, Paypal is acceptable provided that all Paypal fees are paid by the Buyer.
22: These Terms and Conditions may be varied from time to time and will be communicated in writing.
For Media Training, Translation, Audio Production and Video Production, the following Terms and Conditions apply:
1. Production Fees and Additional Charges
1.1 The Client shall pay to BigFish Media Ltd the Production Fee, together with all Additional Charges arising
1.2. Subject to any special conditions of payment that may be agreed in writing between the parties to this Agreement, 50% of the Production Fee shall be payable when the Client has made a confirmed booking in writing. The remaining balance of the Production Fee shall be payable and cleared no later than five working days prior to the commencement of filming. All payments to be made by bank transfer.
1.3 Any Additional Charges shall be paid within three days of the date of any invoice for such Additional Charges.
2. BigFish Media Ltd’s production fees shall be exclusive of disbursements and expense items related to the agreed productions and editing such as messenger services, postage, overseas telephone charges, colour photocopying, photography and prints, disk or tape duplications, creation of audio and video streaming files, travel accommodation, subsistence, fax charges and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
3. The client’s requirements must be clearly provided to BigFish Media Ltd in writing before commencement of work and subject only to one set of minor alterations thereafter.
4. Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement.
5. A production will only be publicly released by BigFish Media Ltd once the client approves all content as complete and satisfactory and confirms this in writing.
6. The client may terminate the contract at any time by written notice of termination.
7. W hen a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by BigFish Media Ltd unless any other written agreement is reached in advance.
8. Any monies held on account and unused will be returned subject to a 10% administration charge.
9. BigFish Media 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 libelous, defamatory or illegal.
10. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
11. BigFish Media Ltd cannot be held liable for loss or damage caused as a result of third party action or failure.
12. The client shall provide appropriate security arrangements for any filming outside of the United Kingdom for which BigFish Media Ltd provides crew or equipment and such arrangements shall be notified to BigFish Media Ltd in writing in advance of travel to that jurisdiction.
13. BigFish Media Ltd cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
14. Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.
15. If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
16. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
17. BigFish Media Ltd will not commence work on any project until a signed purchase order or equivalent signed document has been provided by the client.
18. In consideration of, and subject to, the final payment of full fees due to BigFish Media Ltd by the client, BigFish Media Ltd hereby assigns to the client with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content.
19. Any confidential or proprietary information which is acquired by BigFish Media Ltd from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, BigFish Media Ltd will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
20. Any contract requiring BigFish Media Ltd to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with BigFish Media Ltd, its servants or agents, as necessary.
21 BigFish Media Ltd office hours are 10am to 7pm Monday to Friday. Studio Production hours are 8am to 6pm.
22 Any claims must be made in writing to BigFish Media Ltd within five days of receipt of the commissioned product. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
23. Should the client have cause to make any complaint about service or programmes, the complaint, if put in writing to a Director, will be acknowledged by BigFish Media Ltd within 21 days and a detailed reply will be issued to the client within a further 21 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to BigFish Media Ltd.
24. BigFish Media Ltd shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to BigFish Media Ltd, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
25. These terms should be read in conjunction with BigFish Media Ltd’s Studio Terms of Use where the client’s team is also hiring the BigFish Media Ltd studio for the production.
26. This agreement will be governed by the laws of England and Wales