Terms and Conditions

1. General

By placing an order with Backlot Media, the client declares that they have taken note of the general terms of delivery of Backlot Media and that they agree to them. Deviating from these general terms is only possible when this is explicitly included in an agreement between the client and Backlot Media.

These general terms apply to all quotations, assignments, agreements, invoices and obligations of Backlot Media, including but not limited to obligations to create designs and/or productions and/or to deliver or make available audiovisual works, arising from the agreement to which these terms have been declared applicable. They also apply to all obligations arising from agreements subsequently concluded between the parties, other acts or pre-contractual legal relationships, unless and insofar as they have been deviated from in writing. Any deviation from the general or specific terms must first be the subject of a written agreement signed by Backlot Media. The client accepts these terms without any reservation, to the exclusion of their own terms, which can in no case be invoked against the seller. These general terms take precedence over the terms of the client or of third parties, even if Backlot Media has not expressly objected to them. All terms other than these general terms must be confirmed in writing by Backlot Media.

2. Definitions

Client

The (legal) person who enters into the agreement with the contractor and is financially responsible.

Contractor/filmmaker

Sylvia Broeckx, Backlot Media | VAT BE 0765.520.139 - Rue Bourdon 53, 7387 Honnelles

Quotation

All offers made by Backlot Media to (legal) persons with a view to entering into an agreement.

Assignment

The services agreed between client and contractor by means of a quotation.

3. Quotations & prices

Backlot Media cannot be held to its quotation(s), invoices or offers if the client can reasonably understand that the quotations or offers, or any part of them, contain an obvious mistake or clerical error. Our prices are subject to change. We reserve the right to change them without notice. The price in a quotation remains valid once the quotation has been approved.

4. Acceptance of the assignment

The client must accept the offer explicitly and in writing. If the client fails to do so but nevertheless agrees, or at least gives the impression, that the filmmaker is carrying out work under the agreement, the offer is considered accepted. The offer is also considered accepted as soon as the deposit invoice has been paid, and by paying this deposit the client agrees to the general payment and delivery terms of Backlot Media. The contractor reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes carrying it out unacceptable for the contractor. After acceptance, the agreement can only be changed by mutual consent. In that case the contractor is entitled to adjust the fee owed under the agreement. Changes to the assignment by the client, for whatever reason and while the assignment is being carried out, are at the client's expense and will only be carried out by the filmmaker after a separate quotation for the additional costs has been signed for approval by the client and returned to the filmmaker.

5. Fees & payment terms

On conclusion of the agreement, the client pays a deposit of at least 40% of the invoice. This amount must be paid within the set term of 14 days after the invoice date, unless otherwise agreed in writing. Overtime is charged at 85 euros per hour.

Payments must be made to the account number stated on the invoice.

Please note: during these 14 days we reserve the booking date. However, the booking only becomes final once the deposit has been received.

If, after paying the deposit, the client decides to withdraw from the assignment (cancellation), Backlot Media reserves the right to keep the deposit as compensation; see also Cancellation & refunds.

For event filming, Backlot Media must receive the remaining amount of the outstanding invoice no later than 7 days before the reserved date. The remaining amount for editing services is invoiced on completion of the project and must be paid within 14 days.

6. Late payment

In the event of partial payment or non-payment of the invoice on the due date, contractual interest of 10% on the outstanding invoice amount is due by operation of law and without notice of default, from the due date until the day of full payment, together with a fixed compensation of 8% of the invoice amount, with a minimum of €50, for the resulting loss and costs, without prejudice to the actual damage suffered, which we may claim at any time.

7. Cancellation & refunds

If, after paying the deposit, the client decides to withdraw from the assignment for whatever reason (including force majeure, pandemics and the like), Backlot Media reserves the right to keep the deposit as compensation. If the booking is cancelled less than 8 days before the reserved date, the full amount will be charged. Cancellations can only be made in writing, by email (sylvia@backlot-media.com).

If the filmmaker cancels or is unable to carry out the assignment, the client will be informed and can choose between:

• A replacement, where possible. The existing contract simply continues. If no equivalent replacement is available, the deposit is refunded.
• Ending the contract. The deposit is refunded.

8. Postponement

If the client decides, for whatever reason (including force majeure, illness, pandemics and the like), to postpone the assignment, a suitable new date will be sought in consultation with Backlot Media. If, for whatever reason, no new date can be agreed, the right to a refund of the amount already paid lapses.

9. Carrying out the assignment

Backlot Media will carry out the assignment to the best of its knowledge and ability and in accordance with the standards of good workmanship, in the style in which it usually works. Backlot Media will make every effort and act as best it can in the given circumstances during the work. The client undertakes to make the circumstances as favourable as possible for Backlot Media and to take measures where necessary, including but not limited to instructing others who are present. The client will always give Backlot Media full cooperation, provide all useful and necessary information, or access to it, in good time, and provide the facilities that are reasonably required.

If it has been agreed that the client will provide facilities such as equipment, materials or data, these will meet the specifications that are customary and necessary for carrying out the work.

If data or facilities necessary for carrying out the agreement are not provided, are not provided on time or are not provided as agreed, Backlot Media has the right to suspend the execution of the agreement and to charge the resulting additional costs.

Film is a matter of creativity and personal taste. Accepting the assignment means that the client agrees with the style used by Backlot Media.

The filmmaker has the right to carry out anything that is not expressly described in the assignment according to her own technical and creative judgement.

10. Revisions

Each assignment includes one small round of revisions/feedback. This covers, for example, leaving out a few shots, text changes, etc. Further revisions or major revisions, such as completely changing shots, rearranging the order of shots, changing the music, etc., are charged at an hourly rate of €60. Backlot Media decides what counts as a major or minor revision and will explain this clearly to the client.

11. Delivery of the final product

Delivery times are given for information only and are not binding on the filmmaker. A reasonable delay in delivery does not entitle the client to compensation or to dissolution of the agreement. Delivery takes place digitally, by means of a link from which the final product can be downloaded. Backlot Media retains full creative freedom over the final edit at all times.

Backlot Media keeps a backup copy of the final product for at least 3 months. The client is advised to make their own backup copies. If the material is lost through circumstances beyond the contractor's control, the client cannot claim compensation for this.

Backlot Media only delivers the agreed final product.

12. Copyright

All productions are protected by copyright.

The copyright and other intellectual property rights to all works developed as part of the assignment belong to Backlot Media. Unless otherwise agreed, every agreement includes the licence described in this article for the work of Backlot Media. However, as long as a production has not yet been delivered or has not been paid in full, all rights remain exclusively with Backlot Media.

On delivery of productions, Backlot Media grants permission, within the meaning of copyright law, for the use agreed in the quotation. Any other application or use of what has been delivered requires a supplementary agreement. This also applies to publication in any medium other than the one for which the work was made under the assignment.

Backlot Media reserves the right to use the works for its own promotional purposes and publications, including but not limited to its website and blog, portfolio, advertisements, social media, magazine articles, printed matter, trade fair material and demonstration material. If the client objects to this, they can say so in writing in advance (sylvia@backlot-media.com).

The client guarantees Backlot Media that no intellectual property rights of third parties prevent Backlot Media from carrying out the agreement, and that the client has full and unrestricted permission from all rights holders to include elements protected by intellectual property rights in the programme material and to have them recorded by Backlot Media on sound, image or other data carriers.

13. Force majeure, illness & liability

In these terms, force majeure includes, but is not limited to, any circumstance beyond the control of the client and/or contractor as a result of which the other party cannot reasonably be required to perform the agreement.

If, in the contractor's opinion, the force majeure is temporary, the contractor has the right to suspend the execution of the agreement until the circumstance causing the force majeure no longer applies.

If, as a result of force majeure, strikes, lockdowns and the like, the contractor is unable to carry out the agreement, we reserve the right to terminate the agreement without any compensation being due.

If the contractor is ill on the filming day of a one-off event, such as a show or festival, the agreement will be dissolved. Any deposits paid to the contractor will be refunded within 14 days, but the contractor bears no other responsibility of any kind in relation to the agreement. The client cannot claim compensation if the contractor is ill. This limitation of liability also applies if the audiovisual materials are damaged or lost during processing through no fault of the filmmaker, through a camera fault, are lost in the post, are stolen or are damaged or lost in any other way. If the filmmaker falls short for any other reason, liability is limited to the value of that client's order.