Our terms of business
KRISTIAN BROWN Trading as FilmWifi Limited, Kriss TheDish
TERMS AND CONDITIONS
1. Definitions
1.1 “I, me or my” is reference to Kristian Brown trading as FilmWifi Limited
1.2 “Specification” means the specification supplied by me to you
1.3 “Quotation” means the written quotation supplied by me to you;
1.3 “you or your” is reference to the person or company to whom I am providing my services and who is required to pay for the services I provide
2. Quotation
The price detailed in the quotation is based on information given. If the information proves to be incorrect or the specification changes I reserve the right to make an additional charge and I agree to notify you of that additional charge as quickly as possible based on the new information.
3. Performance of the contract
3.1 I agree to supply such goods and services as are detailed in the Specification hereto together with such further goods and services may be agreed between us (“Goods” and “Services” respectively). If you require a change to the scope of Services, I will promptly notify you of the timescale and any additional charges.
I shall provide the Goods and Services at such times and on such days as are required by you, for a period commencing on principle photography day 1, until termination by you on reasonable notice.
3.2 I agree to install the Goods at any time of day or night and will endeavor to ensure that Services will be on line by unit call each day
3.4 During the period of hire I will offer round the clock support by phone or on location if required.
4. Intellectual Property
4.1 I grant you an non-exclusive licence of all intellectual property needed in order to make use of the rights granted hereunder.
5. Provision of Goods & Services
5.1 All Goods applied by me hereunder shall comply with the Specification, be of satisfactory quality and fit for purposes, which you have made known to me and shall be compliant with law. I am the sole owner of the Goods.
5.2 I shall provide the Services hereunder diligently and to the best of my ability in accordance with generally recognized commercial practices and in accordance with law and with your instructions. I will use best endeavors to ensure the continuity of Services at all times.
6. Payment
6.1 The price for the Goods and Services is as set out in the quote supplied. Payment is to be made in advance of at least 50% of the total invoice to cover all expenditure taken out by Kriss Brown following presentation of a valid invoice (with supporting documentation if necessary) by me by bank transfer to my account.
If payments of any monies due to me are not made by the required date and you fail to rectify such non-payment within 7 days then I reserve the right to take back any Goods supplied to you without prior notice and/or to remove the Services from online/on air. The rest of the payment should be made once the production has run for one month.
6.2 For any payment that is late interest will be charged at 3% above the base rate of the Royal Bank of Scotland plc. From time to time in force.
7. Risk & Liability
7.1 All equipment supplied by me remains in my ownership and no title whatsoever passes to you. You agree to take reasonable precautions in looking after my equipment. If any of my equipment is damaged whilst in your care (save for fair wear and tear) you agree to pay my reasonable charges for attending the location of the equipment and repairing or replacing the equipment if beyond economical repair. You agree to notify me forthwith of any damage to the equipment supplied by me.
7.2 Except in the case of death or personal injury caused by my negligence my liability howsoever arising shall not exceed total invoices sums issued by me in respect of the hire of the equipment.
7.3 Neither of us shall be liable to the other for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by such other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profit, business or goodwill.
8. Termination
Without prejudice to other remedies either of us may have, either of us may terminate the contract at any time on written notice to the other party if:
a) The other party is in material breach of its obligations under the contract; or
b) The other party being an individual becomes bankrupt or enters into an arrangement with its creditors or as a company enters into liquidation whether compulsory or voluntarily or if an administrator or receiver is appointed or if it in any way makes composition with its creditors.
I may further terminate the contract if you fail to pay any undisputed invoices within 30 days of delivery by me. You may further terminate the contract if the Services are delayed, hindered or prevented for a consecutive three day period or for four days in any seven (subject to my using best endeavors to rectify such issue).
8.1 There will be a cancellation charge of 50% of the total invoice due to Kriss Brown paying suppliers upfront for all bandwidth requirements.
9. General
9.1 Any notice to be given under the contract shall be in writing and shall be sent by first class mail or email to the address of either of us as set out below or such other address as may from time to time be notified in writing to the other. Notices sent by first class post shall be deemed to have been received by the recipient two working days after the day of posting.
9.2 The validity, construction and performance of this contract shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts to which you and I submit.
9.3 I will require all of the addresses including the postcode of all locations for the installations prior to the first install.
9.4 Where possible the trailers where I will be installing the equipment must be first in and first out on a location move due to the amount of work I have to do to install all the equipment by 7am.
9.5 Kriss Brown employees/sub contractors will be liable to claim in way of cash Per Diems on the same basis as the other crew
9.6 The VAN what Kriss Brown uses to stream the internet must have a 24hr power supply off either the facilities generator or an on location tower light also for the internet monitoring equipment
9.7 Kriss Brown employees/subcontractors may on occasions stay on the unit base at night in the communications trailer.
9.8 Under no circumstances should anyone interfere of touch any of Kriss Brown’s equipment unless instructed to do so by an approved satellite engineer employed by Kriss Brown
9.9 Kriss Brown and his crew will also require access to the onsite catering facilities as part of the shooting crew.
9.10 Kriss Brown engineers should be offered accommodation on the same basis as the other crew
10. Confidentiality
10.1 I shall not at any time, directly or indirectly, disclose, disseminate, duplicate, or in any manner issue any information of any kind to any person or entity regarding the film which is being produced by you (“Picture”) (including the plot, the set and/or the activities of the cast and crew).
I shall keep the content and nature of the Picture, in whole or in part, and any information and materials supplied by you to me strictly confidential and will not duplicate or disseminate such information and materials and will not disclose the same to any third party unless previously authorised in writing by you.
Neither I nor my employees or representative(s) shall directly or indirectly issue or permit the issuance of any publicity or disclose any information concerning this contract, the Picture, you, any of your employees, affiliates and/or principals, or your business or production methods.
11. No Injunct
11.1 My sole remedy with respect to any breach or alleged breach of this contract by you shall be the recovery of money damages, if any. In no event shall I be entitled to restrain the production, exhibition, distribution, marketing or exploitation of the Picture or otherwise seek injunctive and/or other equitable relief against you or any licensee, successor, or assign.
11.2 Kriss Brown will charge for fuel at cost price and will hand in all receipts to the accounts department upon filing a petty cash form or sending in an invoice.
11.3 Due to the recent lockdown event for COVID-19 in 2020 FilmWifi Ltd will require at least 50% of the full amount payable if any production goes down due to any pandemic in the future as FilmWifi Ltd buys all the bandwidth for your production up front and with the recent COVID-19 FilmWifi lost a lot of money through productions not paying them even after receiving our terms and conditions.