CBM Connect Content Production Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF CONTENT PRODUCTION FROM CBM CONNECT AND MOBIUS INSTITUTE
1. Definitions & General Terms
In these Terms and Conditions the words ‘CBM Connect’ ‘Mobius Institute’ ‘IMVAC’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to MINA Training and Certification Inc., a US registered incorporation. The words ‘advertiser’ ‘client’ and ‘interviewee’ refer to the party who has been commissioned or any person or organization acting on their behalf that will be producing content.
These Terms and Conditions apply to all video, audio and associated written content created by CBM Connect, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will be a part of content production.
No liability will be accepted by CBM Connect for any delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a CBM Connect product, permission must be obtained from the original copyright owner / material provider.
The client undertakes to indemnify CBM Connect against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
These terms and conditions must be signed off by the Client before production work begins.
3. Production and post-production
All works undertaken will be as per CBM Connect written statement of work based upon the agreed content plan. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to providing services. Any amendments must be agreed upon by both parties.
Clear access for video and sound capture shall be arranged and managed by the Client unless otherwise stated. If recording venues are being organized by the Client, it is the Clients responsibility to ensure that our production team and supporting personnel have clear access to all relevant locations required throughout the day.
CBM Connect takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our team are subjected to abusive or aggressive behavior. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. CBM Connect will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the content plan.
4. Insurance
A copy of our insurance certificate can be provided on receipt of a request to our offices.
5. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of either party or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of production to a more suitable date or time.
6. ‘Client delays’
In the event of production being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organization or any other matter specified in the content plan, we reserve the right to re-schedule the affected days of production
7. Changes to the production schedule
In the event of the Client wishing to change or cancel the production date we require a minimum of 4 weeks’ notice. Failure to provide this notice will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
8. Equipment substitution
In the event that CBM Connect experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay production or adversely impact upon the project quality or delivery. The equipment used on the day of production will be at the discretion of the CBM Connect team, and no further claims or liability will be accepted.
9. Project duration and delivery
Any indication given by CBM Connect of a project’s duration is to be considered by the customer to be an estimation. CBM Connect will do everything possible to meet specific deadlines, providing there is clear communication, and regular feedback from the client. CBM Connect will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
10. Copyright
CBM Connect asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by CBM Connect and is protected under US law.
11. Usage license – rights to the use of project content
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies CBM Connect against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
We retain all rights to the usage of content captured during the production of any client-commissioned project including video, audio, and written content. As part of our production service, we will grant a time-unlimited license for use of that footage to the Client subject always to the following express condition:
“CBM Connect retains all copyright over any content we produce. A usage license grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.”
We reserve the rights to use any content and related files from any client-commissioned project for other promotional purposes.
CBM Connect assigns to the Client a license to use the content in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive license to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and CBM Connect.