Terms &
Conditions
Part A covers use of this website and applies to everyone. Part B covers our production work. Part C is the booking, payment and cancellation policy. These mirror the terms attached to our quotations, so what you read here is what you sign.
If you have signed a quotation with us, the terms attached to that quotation govern that booking. This page sets out our standard position and is written to match them. Where the two ever differ, the signed quotation wins.
The VAT number in section 1 is marked [TO ADD]. This page has not been reviewed by a solicitor.
On this page
1. Who we are
- Registered name
- Mash Media Productions Ltd
- Company number
- 17239889 (registered in England and Wales)
- Registered office
- 2nd Floor Apple Market House, 17 Union Street, Kingston upon Thames, England, KT1 1RP
- Trading as
- Mash Productions
- VAT number
- [TO ADD]
- mashproductions@mashmedia.net
- Telephone
- +44 (0) 208 481 1122
In these terms, “we”, “us” and “our” mean Mash Media Productions Ltd. “You” means the person or organisation using this site or booking our services. A “business day” is any day other than a Saturday, Sunday or bank holiday in England and Wales.
2. Part A — Using this website
2.1 Acceptance
By using this website you accept these terms. If you do not accept them, please do not use the site.
2.2 What the site is for
The site describes our services and lets you send an enquiry. It is provided for information. Nothing on it is an offer capable of acceptance, and nothing on it is advice you should rely on without talking to us about your specific event.
2.3 Our content
All content on this site — the films, photographs, text, layout, the Mash Productions name and logo — is owned by us or our group and protected by copyright and trade mark law. You may view it, and print or download extracts for your own internal use in considering our services. You may not republish, sell or use it commercially, or remove any credit or notice, without our written permission.
Client names and logos shown on this site remain the property of their respective owners and are displayed to identify work we have carried out for them.
2.4 Availability
We try to keep the site available and accurate but we do not promise it will be uninterrupted or error-free, and we may change or withdraw any part of it without notice.
2.5 Links
Where we link to other sites, including YouTube and our social channels, we are not responsible for their content or their privacy practices. You may link to our home page fairly and without implying an endorsement we have not given.
2.6 Acceptable use
You must not misuse the site — no attempts to gain unauthorised access, no scraping for a competing service, no introducing malicious code, and no using the enquiry form to send unsolicited marketing or unlawful material.
3. Part B — Production services
3.1 Quotations and when the contract starts
Our quotation sets out the services, deliverables and fees. We may withdraw or amend a quotation that has not been accepted, or where the services have not started, within 90 days of its date.
You accept our terms by accepting the quotation, or from the moment we start performing the services, whichever happens first. At that point the quotation and these terms form the whole agreement between us. Terms you try to add through a purchase order or your own paperwork do not apply unless we agree to them in writing.
3.2 What we will do
We will perform the services with reasonable care and skill, and they will match the quotation, including any specification, in all material respects. We may make changes needed to comply with the law or with safety requirements, and we will tell you if we do. These terms apply to any goods we supply alongside the services unless we say otherwise.
3.3 What we need from you
You must obtain any permissions, consents and licences the work requires, and give us access to the information, materials, locations and anything else we need. In practice that means:
- Accurate details of the event, the schedule and the access our crew will have.
- Site access, passes, power and venue permissions.
- Telling attendees that filming is taking place, and handling objections — see 3.6.
- Permissions we cannot get ourselves, such as filming a sponsor's stand or a performer.
- Brand assets, and feedback and approvals within the agreed windows.
We are not liable for any delay or failure caused by you not doing these things, and additional costs may follow.
3.4 Amendments after delivery
Each video includes three rounds of amendments. Anything beyond that is charged at our standard editing rate, excluding VAT, invoiced separately and payable within 14 days. We will always try to accommodate requests within the agreed scope, and we will tell you promptly if something falls outside it.
3.5 Ownership and your right to use the films
We own the copyright in everything we shoot and edit. On payment in full, you receive a perpetual, worldwide, non-exclusive licence to use the delivered final deliverables for your own marketing and internal purposes. Until we have been paid in full, no licence is granted.
Unless we agree otherwise in writing:
- Copyright in the raw footage, project files and unused material stays with us.
- Raw footage can be supplied on request, subject to a handling fee covering grading and preparing the files. Ask for it in advance and we will include it in the quotation.
- We may use material from your project in our own portfolio, showreel and social channels. If you do not want us to, you must tell us in writing before the relevant service is delivered.
- Music we licence is cleared for the agreed deliverables and platforms. Using a film beyond that, for example in a paid advertising campaign, may need an upgraded licence.
3.6 People we film, and data protection
Our work captures identifiable people. Where you engage us to cover your event, you are normally the data controller for footage of your attendees and we act as your processor. You are responsible for filming notices and for telling attendees how the footage will be used. We will cooperate with reasonable requests to stop filming an individual or to remove them from an edit. How we handle personal data is set out in our Privacy Policy.
Where UK GDPR requires a written processor agreement, we will enter into one with you.
3.7 Crew, equipment and insurance
We may use freelance crew and subcontractors, and we remain responsible for their work. We may substitute equipment or personnel of an equivalent standard. We carry public liability insurance and will provide certificates and risk assessments on request.
4. Part C — Booking, payment and cancellation
This is our refund policy. We are a business-to-business supplier and every booking is a bespoke production held for specific dates. Once we hold a date we turn down other work for it, which is why the terms below are firm about deposits.
4.1 Fees and expenses
Fees are set out in the quotation and exclude VAT and any other tax or levy. On top of the fees we may recover:
- Reasonable incidental expenses, including travel, accommodation and subsistence.
- The cost of third-party services we need in order to deliver.
- The cost of materials needed for the work.
We will agree these with you in advance wherever we can. Any additional services not in the quotation are charged at our current daily rate, or at a rate we agree with you.
4.2 Payment schedule
- A 25% deposit is payable on signing, and in any event within 30 days of accepting the quotation.
- The remaining 75% is payable no later than three months before the scheduled activity date.
- Where a booking is confirmed less than three months before the activity, the full amount is invoiced on signing and payable within seven days of the invoice date.
If the deposit is not paid on time we may hold off starting work until it is, or end the contract under clause 5.2. Late payment may attract interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
4.3 Deposits and cancellation
Once a quotation has been agreed, we commit crew and equipment to your dates and stop offering them elsewhere. For that reason a confirmed booking cannot be cancelled, and the deposit is not refundable.
The one exception is where we fail to provide the services and the failure is our fault — see 4.4.
We would always rather find a way forward than hold you to a date that no longer works. If your event moves or your plans change, tell us in writing as early as you can and we will look at transferring the booking to a new date, case by case and subject to our crew being available. We cannot promise a transfer, but we will genuinely try.
4.4 If we cannot deliver
In the rare case that we cannot provide all of the agreed services, we will refund any deposits you have paid up to that point. That refund is our total liability for the failure.
4.5 Changes to a booking
If you need to change the services, tell us in writing as soon as possible. We will make reasonable efforts to accommodate the change, and any additional cost is added to the fees and invoiced. If something outside our control forces a change, we will tell you immediately and keep it to a minimum. Where you amend a service, we are not liable for any part of our role we cannot then complete.
4.6 If something is wrong with the work
Tell us as soon as you can, with enough detail for us to see the problem. Where the fault is ours we will re-edit or, where practical, reshoot at our cost. Where a fix is genuinely not possible we will refund the part of the fee relating to the affected deliverable. Refunds are made by the original payment method.
Equipment failure, weather and events overrunning are risks of live production. We build in redundancy on critical shoots, but we cannot guarantee capturing one specific moment at a live event.
4.7 Consumers
Our services are supplied to businesses. If you are a consumer buying outside your trade or profession, you have additional statutory rights, including a 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — although if you ask us to start work within that period you may have to pay for what has been done. Nothing in these terms affects your statutory rights.
5. General
5.1 Liability
Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.
Subject to that, and because this is a business-to-business contract, our total liability is limited to the total fees payable by you under the contract. We are not liable for:
- Indirect, special or consequential loss, damage, costs or expenses.
- Loss of profits or anticipated profits, business, data, reputation or goodwill, business interruption, or third-party claims.
- Any failure to perform caused by something beyond our reasonable control.
- Losses caused directly or indirectly by your failure to meet your obligations.
- Losses arising from your choice of services, whether they meet your requirements, or how you use them.
- Loss or damage from hard drive corruption, data loss or hardware failure not directly caused by our negligence.
5.2 Termination
We may stop providing the services immediately if you materially breach these terms, if you fail to pay an amount when it is due, or if you become insolvent — including bankruptcy, a voluntary arrangement with creditors, liquidation, or the appointment of a receiver, administrator or administrative receiver.
5.3 Events outside our control
Neither of us is liable for a failure or delay caused by something beyond our reasonable control, including power failure, loss of internet service, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism, acts of war or government action. If the delay runs for 90 days, either of us may end the affected services.
5.4 Notices
Notices must be in writing and given by or on behalf of the party sending them, to the most recent address or email address notified. A notice is treated as given: when delivered, if by courier or messenger during business hours; when sent, if by email and a delivery confirmation is generated; on the fifth business day after posting, by ordinary national mail; or on the tenth business day after posting, by airmail.
5.5 No waiver, and severance
A delay or failure to enforce a right does not waive it or prevent us enforcing it later. If any provision is found unlawful or unenforceable, it is severed and the rest continues to apply.
5.6 Changes
We may update these terms. The version applying to your booking is the one in force when the booking was confirmed. Changes to Part A take effect when posted here.
5.7 Third parties
No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
5.8 Complaints
Tell us as soon as possible at mashproductions@mashmedia.net. We would much rather sort a problem out directly than have either of us go near a court.
5.9 Law and jurisdiction
These terms are governed by and interpreted in accordance with the laws of England and Wales, and any dispute, including a non-contractual one, is subject to the exclusive jurisdiction of the courts of England and Wales.