Terms & Conditions of Service

This agreement is between the client being supplied a service or product (the “Client”, “You”)

AND

Parasol Media LLC,  (“Parasol Media”, “We”, “Our”)

By using Our services you, the Client, agree to be bound by these terms and conditions unless otherwise agreed in writing by both parties.

Payment Terms

1. Unless agreed otherwise in writing, 25% of the estimated fees must be paid as a deposit to book your production with us.  For projects where travel is involved we may request a deposit of 50%.

2. For US based projects your deposit must be paid at least 14 days before the first day of production begins.

3. For international projects outside of the US your deposit must be paid at least 30 days before the first day of production begins.

4. The remaining balance, plus any expenses will be invoiced upon completion of the project.

5. Parasol Media reserves the right to request 100% of our estimated fee up front depending on the complexity of the project or equipment required to complete said project.

6. Our standard invoice term is 14 days from date of invoice except where Parasol Media and the client have come to an alternative agreement.

Production Expenses

1. Our fees are exclusive of taxes, disbursements and expense items related to the agreed schedule of work.  Such items may include, but are not limited to messenger services, postage, overseas telephone charges, photography, prints, hard drives, accommodation, mileage and travel,

How to Pay

1. We do not accept checks/ cheques.  Please pay using Online Banking/ Wire Transfers using our banking details provided on our invoice.

2. We recommend using the Peer-to-Peer international exchange service www.midpoint.com for international transactions.

3. If you would like to pay by Direct Debit or online using a credit card, this can be arranged. Fees covering the cost of taking payment via credit card may be applied.

4. For international payments please ensure that the correct amount on the invoice arrives in our account to avoid late payment charges. Currency exchange rates and banking charges to transfer monies are the responsibility of the client, not that of Parasol Media.

Non-Payment

1. If payment is not received within the agreed time of the invoice date Parasol Media reserves the right to charge interest at a rate of 10% per annum, which will be added to the client’s account.

2. In the event of non-payment the ownership of all copyright and materials that have been supplied digitally or otherwise will remain the property of Parasol Media and may not be used by the client or any third party.  All goods (digital or otherwise) must be returned on request.

3. In the event that initial, part or deposit payment was via credit card or direct debit, you agree that Parasol Media may debit your card or account with the outstanding amount and you authorize us to do this in your absence.

Client Requirements

1. The client’s project and/ or working requirements must be clearly provided to Parasol Media in writing at least 5 working days before commencement of work and subject to only one minor set of alterations thereafter.

2. Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement and/ or an additional charge.

3. The client must keep lines of communication, such as email and telephone open with Parasol Media while the project is in production.  Failure to do so may result in alterations such as delayed delivery dates, incorrect content creation and/ or charges associated with working outside normal operating hours. Parasol Media does not take any responsibly for alterations caused in this way.

4. A video will only be publicly released once the client approves the content as complete and satisfactory.  Payment in full must also have been made.

5. If a production requires additional content under instruction from the client, this is treated as a new requirement and additional charges may apply.  Once agreed in writing this becomes contractually binding.

6. The client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that my be recorded on video and that such recording is in compliance with current Data Protection legislation.

Termination & Alteration of Contract

1. A client may terminate the contract at any time in writing giving a minimum of 10 working days notice.

2. When a client terminates the contract they remain liable to pay in full for all committed future costs and work undertaken, and for the progress up to the date that the written cancellation is received.  All written communication must be emailed to hello@openparasol.com.

3. Parasol Media reserve the right to charge up to 25% of the total production fee, if the cancellation is made within 7 days of the shoot or production deadlines (whichever is soonest).  The Client will also be responsible for any charges incurred by Parasol Media including, but not limited to travel cancellation fees, accommodation cancellation fees and external crew cancellation fees.

4. Any monies (excluding the deposit) held on account (and unused) or overpayments received in error (or otherwise) may be returned subject to a 10% administration charge plus any credit or debit card charges that have been incurred.

5. Parasol Media retains the right to assign supply of the product(s) or service(s) to another suitable company (“Subcontractor).

6. These terms may be varied from time to time by Parasol Media or modified in writing at any time to add or delete services to better fit the Client’s requirements.

Video Storage & Archiving

1. Parasol Media currently does not charge for archiving of finished projects and assets that we attained during the project’s production cycle.  We therefore do not claim responsibility for any loss of production assets after ONE (1) calendar month.  However, we aim to kindly keep any projects that we work on for an undetermined amount of time.

2. We backup Master Files (finished videos) via online storage and video platforms.

Liabilities & Indemnities

The client agrees to indemnify Parasol Media against:

1. Parasol Media cannot be held liable for loss or damage caused as a result of client error, third party action (legal or otherwise), natural causes, specifically the weather, acts of God or terrorism.

2. Parasol Media 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.

3. The client shall provide appropriate security arrangements for filming outside the United States for which Parasol Media provides crew or equipment and such arrangements shall be notified to Parasol Media in writing in advance of travel to that jurisdiction.

4. Whilst every care is taken in the handling of the Client’s property, Parasol Media accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of them. Liability for such loss or damage shall be limited to the replacement cost of the materials or media and in circumstances will any liability attach to any claim for the value of the content.

5. Parasol Media shall be under no obligation to carry out a production if there are circumstances which make the production unfeasible. Circumstances including: Acts of God, terrorism, fire, flood, drought, failure of power supply, lock-out, strike or action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. Under these circumstances the Client may terminate the contract and will be required to pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

6.The Client and Parasol Media will act in accordance with all relevant health and safety requirements in order to provide the product(s) and service(s).

Intellectual Property & Confidentiality

1. In consideration of, and subject to, the final payment of full fees due to Parasol Media by the Client, we hereby assign to you, with full title guarantee, all the present and future copyright and other intellectual property rights, however so arising in the content unless expressly agreed in writing between both parties.

2. The Client hereby assigns a non-exclusive, royalty-free license to the content produced by Parasol Media, solely for the purposes of Parasol Media’s promotional marketing including showreels and on Parasol Media’s website.

3. We reserve the right to insert a production slate (Produced by Parasol Media, with associated watermark or motion graphic) onto the content unless otherwise agreed in writing with the client.

4. Parasol Media retains all rights, copyright and licenses for projects completed on a pro bono basis and will agree terms with clients terms of use for content produced in this way.

5. Any confidential or proprietary information which is acquired by Parasol Media from the Client will not be used to disclosed to any person or entity, except where required to do so by law.

Notices

1. Parasol Media’s normal office hours are 8:30am – 5:30pm EST, Monday to Friday.

2. Clients have 72 hours to make claims to Parasol Media.  All claims must be made in writing.  Parasol Media will deem all goods sold as accepted at the agreed price if no claims are made within this allotted time frame.

3. Using our contact form is an acceptable way to submit a claim, as is use of our hello@openparasol.com email address.