21-01-2025
Pangaea Television Ltd
Terms of Business
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1. This letter will outline the terms on which we are appointed as your Production Company from
2. Our services will continue for the duration of the project outlined in the brief or until such time as they may be terminated by at least one month’s written notice either by you or by us.
3. These services will include all production for the project including but not restricted to filming, animation, post production and could also include planning, preparing and placing your advertising in all relevant media.
4. They shall also include, where relevant, investigations into existing material of a similar nature and recommendations on the content of the project based on the guidelines of relevant media governing and advisory bodies.
5. The copyright for all purposes in all artwork, copy, storyboards, and all other work created by us for your advertising vests in us unless arrangements are made to the contrary. If you request, and provided that all obligations arising from this agreement have been met, we will assign such copyright to you on the termination of our appointment.
6. All advertising material prepared for you by us and paid for by you will be your property, but not necessarily your copyright. We will keep in our care materials entrusted to us as your property, but shall be entitled to destroy all such materials left in our custody after 3 years, or after giving notice to you at such earlier time as we think reasonable.
7. At the commencement of each project we will invoice half of the quoted cost of the project to cover costs incurred before completion including but not restricted to storyboarding, equipment and/or studio hire, Artist and Voiceover fees. This first invoice is payable within 10 days.
8. Our final invoice to you, which may include additional costs incurred between the first invoice and the completion of the project, is payable within 28 days of the date on which it is rendered.
9. As long as VAT is collected by the Government, we shall include it on all our invoices.
10. The remuneration systems described in these Terms of Business have been devised to ensure that as far as possible we receive adequate payment for our services and that you obtain these services at a reasonable cost. However, to ensure that an adequate level of remuneration is maintained, we reserve the right to review with you the basis of that remuneration during the duration of our appointment.
An alternative to this remuneration method is by the payment of an agreed level of monthly fee to cover all media commission, creative and production costs or parts thereof. This method is subject to an additional written agreement being entered into between us.
11. We act in all our dealings with third parties as a principle at law. Unless otherwise stated our contracts with media and suppliers for your advertising are made in accordance with a media rate card or other standard conditions. The rights and liabilities between you and ourselves shall correspond to those between ourselves and the various media and suppliers under such standard conditions.
12. We acknowledge a duty not to disclose without your permission during or after our term of appointment any confidential information about your company or results from studies or surveys commissioned and paid for by you.
13. You acknowledge a duty not to disclose without our prior consent any information you acquire in your dealings with us regarding Pangaea TV, projects in development or any other client of Pangaea TV.
14. We abide by rulings of the Advertising Standards Authority (ASA), the British Code of Sales Promotion Practice, and other codes of advertising standards laid down to ensure that all advertising placed by us is legal, decent, honest and truthful.
15. In order to satisfy the requirements of these codes or any statutory requirements and in the interest of yourselves, ourselves and the public you agree to supply us without delay with objective factual evidence, if so required, in support of any product claims you wish to make.
16. You also agree to inform us immediately if you consider that any claim made in any copy submitted to you by us for approval is incorrect or misleading in relation to your product or service.
17. You may request us to change, reject, cancel or stop any and all plans, schedules or work in progress and we shall take all possible steps to comply, provided that we can do so within our contractual obligations to media and suppliers. In the event of a cancellation or amendment it will be necessary for you to reimburse us for any charges or expenses to which we are committed and also to pay our fees for covering these items.
18. We shall not be liable for any delays in, or omission of, publication or transmission or any error in any advertisement in the absence of default or neglect on our part.
19. You will indemnify us against any loss we may incur as a result of any civil claims or proceedings brought against us based upon any advertising and other work prepared for you by us and approved by you before publication or transmission.
20. If due to war, strikes, industrial action short of a strike, lock outs, accidents, fire, blockage, import or export embargo, natural catastrophes or other force majeure, we fail to complete our assignment in the manner and within the time required by the terms of our appointment we shall not be held responsible for any loss or damage which may be incurred by you as a result of failure.
21. Our rights, duties and responsibilities shall continue in full force during the period of notice referred to in paragraph 2 of these terms and we shall be entitled to receive our agreed level of remuneration during the agreed period of notice.
22. Any disputes arising out of these Terms, which are governed by the laws of England and Wales, shall be settled within the United Kingdom by an arbitrator or arbitrators agreed between us or, in default of agreement, by an arbitrator to be appointed jointly by the director of the IPA and director of the Incorporated Society of British Advertisers. The decision of the arbitrator or arbitrators shall be final and legally binding and will preclude recourse to the regular Courts of law.
23. Where estimates are supplied they are based on current costs and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
25. Proofs of work will be submitted for your approval prior to project completion on transmission. Once these have been approved we shall not accept liability for any errors or omissions. Any additional work or costs incurred by us in making any necessary amendments to such proofs will be charged in accordance with these terms of business.
If you have any question please contact Tim Attenburrow, Production Manager Pangaea Television Ltd.
Tel: 01392 829657
Registered office address
Manor House, 143 High Street, Honiton, England, EX14 1LJ
21-01-2025 - Pangaea Television Ltd.