Reely Digital Terms and Conditions
Let’s talk about the fine print. We know it’s not the most exciting thing to read, but our terms and conditions are actually here to help. They’re like a guide that lays out what you can expect from us and what we expect from you. This way, we’re both on the same page and can avoid any confusion. By having these guidelines in place, we can work together seamlessly and make sure your project turns out amazing. We’re all about making this process as smooth and enjoyable as possible, and our terms and conditions are just one way we can make that happen.
By working with us, you’re agreeing to our Terms and Conditions, which are outlined below. This means that when you confirm an order, accept a quote, or give us the green light to start working on your project, you’re accepting these terms. This applies whether you’re issuing a Purchase Order, sending us a written or verbal acceptance, booking our videographer’s time, or simply engaging our services.
Our Terms and Conditions are available to view on our website, reelydigital.com, and are linked in our digital communications for your reference. If you have any questions or concerns, please don’t hesitate to reach out to us at agreements@reelydigital.com. We’re here to help and want to make sure you’re comfortable with everything before we get started. This agreement is binding under UK law, and we want to make sure you understand that by working with us, you’re entering into a formal agreement with Reely Digital.
Definitions
- “Client” or “Entity” refers to the person or entity engaging Reely Digital services
- “Deliverables” refers to the video footage and edited video products provided by Reely Digital.
- “Agreed Commercial Purpose” refers to the specific use of the Deliverables. By default the Agreed Commercial Purpose is “for public presentation, portfolio display and commercial publication in any media”.
- “Agreed Free Service Purpose” refers to the specific use of the Deliverables. By default the Agreed Free Service Purpose is “for public presentation, portfolio display and non-commercial publication in any media, unless otherwise agreed”. This term is applied to those who Reely Digital provide services to while charging no fees.
- “Services” refers to the videography services provided by Reely Digital.
Acknowledgment of License Allocation
Unless otherwise agreed in writing, the Client or Entity who engages our services will be subject to our default license allocation for their type of engagement of our services (commercial or for free), which is set out in our License Agreement page.
To summarise:
Paid commercial services
- License Type: The default license is Non-Exclusive, allowing the Licensee to use the Deliverables for the Agreed Commercial Purpose.
Free services
- License Type: Deliverables can be used for the Agreed Free Service Purpose, which includes non-commercial publication, portfolio display, and sharing on platforms like YouTube and TikTok for personal promotion. Other commercial uses require consent.
The License Agreement page can be found here. By engaging our services, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of the license allocation.
Client or Entity Responsibilities and Obligations
Where applicable the Client or Entity is responsible for:
Local Permits and Passes: The Client is responsible for securing and covering the costs of any necessary local permits and permissions required for filming specific elements of the production. If these permissions are not obtained, it may affect the ability to include those elements in the final product, but this will not entitle the Client to cancel or reject the final deliverables.
Release Forms / Advice Notice
- The Client or Entity should inform all guests and staff at the filming locations about the filming and, if necessary, obtain signed release forms. Our Video Consent form can be used for this purpose. It is advisable to distribute notice of filming and display a sign indicating that attendance implies consent to be featured.
- By engaging Reely Digital in a service or collaboration, the engaging individuals hereby agree that this engagement is deemed as consent and release for the use of their likeness, voice, and any other identifiable attributes for the purposes set out in our Video Consent form.
While the Client is not required to provide proof of consent to Reely Digital, it is recommended to obtain consent from active subjects before filming or public release of the Deliverables.
Third-Party Content and Warranty
Reely Digital uses reasonable efforts to ensure that any third-party content used in the Deliverables is licensed for free use or has the necessary permissions. However, Reely Digital does not guarantee that such content is free from copyright or other intellectual property claims. You acknowledge that you are responsible for ensuring that your use of the Deliverables does not infringe any third-party rights. Links and license (where applicable) to all third party content are available on completion of project.
Reely Digital warrants that it has the necessary skills and expertise to perform the videography services. However, Reely Digital does not warrant that the Deliverables will meet your exacting specific requirements or expectations. The Deliverables are provided “as-is” and “as-available” without any warranties, express or implied.
You agree to indemnify and hold harmless Reely Digital against any claims, damages, or expenses arising from your gross negligence or willful misconduct in connection with your use of the Deliverables.
Limitation of Liability for Reely Digital
Reely Digital shall not be liable for any damages, including incidental, consequential, or punitive damages, arising from the use of the Deliverables, except where such damages result from Reely Digital’s gross negligence or willful misconduct.
The total liability of Reely Digital under this agreement shall not exceed the total fees paid for the services rendered, except in cases of death or personal injury caused by Reely Digital’s negligence or where liability cannot be limited by law.
Client Delays Policy for Reely Digital
If the client causes a delay in the production timeline, Reely Digital will not be liable for any additional costs or losses incurred. The client is responsible for ensuring the agreed timeline is maintained.
Should a client delay prevent Reely Digital from completing the work, the company may issue an invoice for completed work and incurred expenses up to the point of delay.
Reely Digital reserves the right to renegotiate the delivery date if a client-caused delay makes the original timeline unachievable, providing a revised timeline and an estimate of any additional costs.
In cases of delays due to adverse weather or events beyond the client’s control, Reely Digital will collaborate with the client to minimise costs and complete the work as soon as possible, but will not be liable for any additional expenses resulting from such delays.
Project Duration and Delivery Agreement
- Project Commencement: The project will begin on the agreed start date as specified in the project timeline, which will be confirmed in writing.
Project Timeline: The project timeline, including key milestones and deadlines should be given to Reely Digital by your project manager. Any changes to the timeline should be communicated and must be agreed upon by both parties.
Client’s Responsibilities: Timely feedback, approvals, and provision of required materials from the client are crucial for maintaining the project schedule. Delays in fulfilling these responsibilities may affect the overall timeline.
Project Delays: While the goal is to complete the project on time, the client acknowledges that unforeseen circumstances may cause delays. In such instances, the project manager will promptly inform the client of any potential delays and provide updated timelines.
Delivery of Deliverables: The client will receive project deliverables according to the agreed project timeline. The format and method of delivery will be outlined in writing.
Incremental Delivery: In certain cases, project deliverables may be provided incrementally. The project manager will outline the delivery schedule for these instances.
Final Delivery and Acceptance: Upon project completion, the client will receive the final deliverables. The client is required to review these deliverables and provide formal written approval and sign-off to indicate project completion and acceptance.
Project Closure: Once the client has approved and signed off on the project, it will be considered closed. Any additional work, amendments, or services will require a new agreement.
Editing Process
For Paying Commercial Clients:
Paying Commercial clients are entitled to 2 rounds of cut and audio revisions of the Deliverables, requested within two weeks of receiving the initial Deliverables, this excludes editing of digital graphics and special effects. Additional revisions beyond the agreed number and scope may incur extra charges at a rate of £25 per hour. Clients are encouraged to provide consolidated feedback to streamline the editing process. Reely Digital will provide a turnaround time for edits, typically within two weeks after receiving feedback or sooner if agreed.
For Free Artistic Collaborations:
We are excited to offer free editing services for artistic collaborations! As these projects are often flexible and fit around our corporate engagements, there is no set timescale for completion. Edits will be made available, and both collaborators will agree on the final product together.
It’s important to note that the editing process involves much more than just the time spent shooting the footage. The expertise required to edit a video—such as technical knowledge, creative decision-making, and the many hours spent refining the final product—can be substantial. We want to ensure that both parties feel satisfied with the outcome. If we find ourselves unable to agree on a final edit that satisfies both parties, either of us may choose to discontinue the project. In this case, the user of the free service will not be able to receive footage taken by the videographer (unless agreed in writing by email agreements@reelydigital.com). As a considerable amount of time and resources, including valuable equipment, are invested in collaborations. We believe this approach helps ensure that the creative vision is respected and that both parties can take pride in the work created together.
Viewing Read-Only Files on Nextcloud
As part of the editing process, users will have access to read-only files on our Nextcloud portal. These files may include unedited footage and visuals of third-party individuals. The links provided are intended to facilitate decision-making during the editing process and are temporary in nature.
We kindly ask that users respect the read-only status of these files. Any attempts to circumvent this read only status will be considered a breach of our terms of service. To ensure client confidentiality and maintain the integrity of the project, only the final product or officially approved excerpts will be available for download and publishing. This approach helps us ensure that only the highest quality footage is released to clients.
Promotional Use of Footage Clause
The Client acknowledges and agrees that Reely Digital may use carefully selected footage for its own promotional purposes. Any disagreements regarding this use must be raised at the time of engagement or upon becoming aware of any potential issues.
Force Majeure
The Client and the Reely Digital agree that if either party is unable to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, strike, pandemic, or other disaster, such party shall not be liable for any damages or losses resulting from such failure to perform. The affected party shall give the other party prompt notice of such event and shall use its reasonable efforts to minimise the impact of such event.
Data Loss/Technical Failure Waiver:
The Client acknowledges that the Reely Digital uses electronic equipment and storage media to capture and store video and audio recordings, and that there is a risk of data loss or technical failure. The Client agrees to hold harmless Reely Digital and its agents, employees, and contractors from any claims, damages, or losses resulting from data loss or technical failure, including but not limited to:
- Equipment failure or malfunction
- Data corruption or loss due to equipment failure or malfunction
- Human error or mistake
- Power failure or other utility outage
- Acts of nature or other disaster
Reely Digital and their representatives shall use reasonable care and skill to prevent data loss or technical failure, but the Client acknowledges that such events can occur despite the technician’s best efforts. In the event of data loss or technical failure, Reely Digital shall use its reasonable efforts to recover the lost data or to re-capture the affected footage, but the Client agrees that the Reely Digital shall not be liable for any damages or losses resulting from such events.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to Terms and Conditions
Reely Digital reserves the right to reasonably modify or update these terms and conditions at any time without notice. Your continued use of the Reely Digital services shall be deemed acceptance of the revised terms and conditions.
These terms are linked in our digital communications for you to peruse at any time.
Contact Us
If you have any questions or concerns about these terms and conditions, please contact us at agreements@reelydigital.com