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Terms & Conditions

These policies outline the terms and conditions governing the issuance, cancellation and payment of invoices by David Evans Film (hereafter referred to as the Company) to the “Client”. By engaging in a business relationship with the Company and receiving invoices, the Client agrees to abide by these Terms. By accepting services from the Company, the Client acknowledges that they have read, understood, and agree to abide by these Terms and Conditions.

Bookings Policy:

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  1. Working Hours: As a standard, day rates are based on a 10-hour day, which includes 1 hour of paid lunch. The standard day rate can depend on what type of work is required, but this will be agreed prior to the project start date. 

  2. Overtime: Overtime is charged at 1.5x the hourly rate. Weekends and Bank Holidays are charged at 1.5x hourly rate. Unless agreed otherwise, these additional overtime charges will be followed.

  3. Equipment Hire: As a standard, day rates are based on dry hire only and equipment will be charged additionally. This varies from project to project and is to be agreed prior to the project start date.

Cancellation Policy:

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  1. Cancellation Notice Period: In the event that the Client wishes to cancel the project a written notice must be provided to the Company no less than 48 hours prior to the agreed project start date. 

  2. Cancellation Fee: If the Client cancels the project within 48 hours of the project start date, a charge of 50% of the agreed fee will be charged. If the Client cancels the project within 24 hours or less of the project start date, a charge of 100% of the agreed fee will be charged. If the project has already commenced and a cancellation occurs, the cancellation fee will be based on the percentage of work completed up to the cancellation date, in addition to any expenses incurred.

  3. Advance Payment: The Client acknowledges that an advance payment of 50% of the total project cost is to be made upon approval of quotations. In the event of a cancellation, this advance payment is non-refundable and will be retained by the Company as a cancellation fee. Please note, advance payment is only relevant to certain projects.

  4. Mitigation: The Company agrees to make reasonable efforts to mitigate the loss by seeking alternative work or clients for the cancelled period. If successful, the cancellation fee may be reduced at the Freelancer's discretion.

  5. Force Majeure: In the event of circumstances beyond the control of both parties, such as acts of nature or unforeseen events, either party may cancel the project without incurring a cancellation fee.

Invoice Policy:

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  1. Invoice Generation: The Company shall issue invoices to the Client for services and/or products provided, as agreed upon in the underlying contract, email correspondence, quote, or purchase order. Invoices will include the description, quantity, price, and applicable taxes or fees.

  2. Payment Terms: Payment for all invoices is due within 30 days from the invoice date, unless otherwise stated in previous correspondence or the agreement. All payments shall be made in the currency specified in the invoice.

  3. Late Payments: In the event of late payment, the Company will exercise their statutory right to claim interest at 8% over the Bank of England base rate and compensation for debt recovery costs under the Late Payment legislation. The Company reserves the right to suspend or terminate services if payments are not received within the agreed-upon timeframe. These are reviewed on a per-invoice basis.

  4. Disputes: If the Client has any concerns or disputes regarding an invoice, they must notify the Company within 7 days of receiving the invoice. Failure to raise a dispute within this timeframe shall be deemed as acceptance of the invoice.

  5. Termination: The Company reserves the right to terminate services or future deliveries if outstanding invoices remain unpaid beyond the specified grace period.

  6. Invoice Modification: Any changes or adjustments to an issued invoice must be mutually agreed upon in writing by both parties.

  7. Taxes: The Client is responsible for any applicable taxes, duties, or other government charges related to the services provided by the Company.

  8. Confidentiality: The terms and details of the invoices issued and received shall be treated as confidential information by both parties and shall not be disclosed to third parties without the other party's consent.

  9. Entire Agreement: These Terms constitute the entire agreement between the Company and the Client regarding issuing and paying invoices and supersede any prior agreements, understandings, or representations, whether written or oral.

Project Archiving:

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  1. Completed Projects: Following final project sign-off, archival procedures will vary based on the client relationship. For direct clients, completed projects will be stored in archival storage for up to two years before being permanently deleted, with only the master file and a clean version (free of music, sound effects, and graphics) retained for long-term reference. When projects are commissioned through an agency or intermediary company, a shorter retention period may apply in accordance with the archiving policies or contractual requirements established by that organisation.

  2. Raw Footage: Upon completion of the shoot day, the Client will receive a copy of all captured footage. The Company will maintain an internal backup of this material for a period of one month, after which the footage will be permanently deleted. Clients are advised to notify the Company immediately if any files appear to be missing. For projects commissioned through an agency or intermediary company, alternative or shorter retention periods may apply in accordance with the agency’s policies or contractual requirements.

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