Terms and Conditions
Revised: 2025 December
The following terms and conditions apply to all projects carried out unless specific exclusions or exceptions are given to the client in writing.
1. Definitions & General Terms:
In these Terms and Conditions, the words ‘Split Tone Films’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Split Tone Films LLC, a US based limited liability company registered in Texas.
The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organization acting on their behalf.
These Terms and Conditions apply to all photo, graphic, video, and associated audio products created by Split Tone Films, including all moving and still images and sound recordings of whatever form.
Acceptance of a quote, invoice and/or payment of a deposit, is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between Split Tone Films and the client.
2. Scope of Work:
All work undertaken will be as outlined in the invoice. The invoice will detail the scope of work, estimated timeframe, deliverables, and any associated costs.
It is the Client’s responsibility to ensure that the invoice is thoroughly read and understood before booking. Any amendments or additional work will be subject to additional costs and will only be undertaken once agreed upon by both parties.
Split Tone Films reserves the right to revise the invoice should there be any changes to the project scope or requirements. The revised invoice will be provided to the Client for approval before proceeding with any additional work.
3. Costs:
Costs associated with the project will be discussed during initial consultations/meetings with Split Tone Films. Costs may be estimated and inferred during these discussions, but the final accepted invoice and its deliverables will reflect the actual cost of production. The costs will depend on the type and length of the production, as well as the time spent on pre-production, production, and post-production. Any changes in these areas during the production may result in additional costs, which will be notified, agreed upon in writing, and charged accordingly to the client.
4. Deposit:
Split Tone Films requires clients to pay a non-refundable deposit of 50% of the invoice before any work can begin. This deposit will be used to cover initial costs associated with pre-production planning, including but not limited to script development, story boarding, location scouting, casting, and/or equipment rental. This deposit may also be used to cover other expenses necessary to initiate the project. The deposit does not guarantee the final cost of the project, nor does it cover the entire cost of the project.
The deposit of 50% of the invoice is non-refundable and will be forfeited in the event that the client cancels the project or changes the scope of work after work has commenced. The deposit will be applied towards the final invoice for the project, which will be based on the actual time spent and expenses incurred during the course of the project.
5. Client Responsibility and Indemnification for Copyrighted Material:
The Client acknowledges and agrees that they are solely responsible for obtaining all necessary permissions, clearances, licenses, and releases required for the use of any copyrighted materials, intellectual property, trademarks, branding, sound recordings, images, on-camera talent, or other proprietary materials in connection with the production of the final video product by Split Tone Films.
Split Tone Films shall have no liability or responsibility for any delays or failures to deliver the final product caused by any such unauthorized use of intellectual property or proprietary materials by the Client.
The Client shall indemnify and hold Split Tone Films harmless from any and all claims, liabilities, damages, expenses, or costs (including legal fees) arising from or related to the use of any such unauthorized materials, without limitation in time.
In the event that the Client provides any copyrighted or proprietary materials for incorporation into the final product, the Client warrants and represents that they have obtained all necessary permissions, clearances, and licenses from the original copyright owner or material provider, and that such materials do not infringe upon any third-party rights.
Split Tone Films shall not be responsible for any infringement or violation of any intellectual property rights or proprietary materials contained in the Client-provided materials, and the Client shall fully indemnify and hold Split Tone Films harmless from any such infringement or violation.
By agreeing to this Intellectual Property Rights Agreement, the Client acknowledges that they have read and understood all of the terms and conditions contained herein and agree to be bound by them.
6. Video Production Agreement:
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organized by the Client, it is the Client's responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations and contributors required. Delays in production as a result of inadequate access or facilities may incur additional charges.
Split Tone Films 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 crew 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.
7. Additional Content:
Additional content requested by the Client that was not included in the original agreed scope of work will be subject to additional charges. Split Tone Films will provide the Client with a new invoice for the additional content and no work will commence until the Client approves the new invoice. Any amendments to the new quotation must also be approved in writing by the Client prior to work commencing. The additional content will be invoiced separately to the original project and will be subject to the same terms and conditions as outlined in the original agreement.
8. Insurance:
Split Tone Films will maintain all necessary insurance policies, including public liability and professional indemnity insurance, to cover its activities in relation to the provision of video production services. The Client is responsible for obtaining and maintaining its own insurance coverage for any property, equipment or personnel that is required for the project. The Client shall indemnify and hold harmless Split Tone Films against any claims, damages, losses, liabilities, expenses or costs arising out of or in connection with any property, equipment or personnel owned or operated by the Client in connection with the project.
9. Adverse Weather Conditions:
In the event of adverse weather conditions, Split Tone Films reserves the right to reschedule any filming or production work. If the Client chooses to proceed with the filming or production work despite adverse weather conditions, any resulting delays or additional costs incurred will be the sole responsibility of the Client. In the event of inclement weather that occurs during the filming or production work, Split Tone Films will assess the situation and may suspend or delay work until it is safe to continue. Any resulting additional costs incurred due to the adverse weather conditions will be the responsibility of the Client.
10. Client Delays:
If the client causes a delay in the production timeline, Split Tone Films will not be held liable for any additional costs, expenses or losses incurred as a result. The client shall be responsible for any delay and shall use all reasonable endeavors to ensure that the agreed timeline is maintained.
If the client delay results in Split Tone Films being unable to complete the work, Split Tone Films shall be entitled to issue an invoice for work already completed and for all expenses incurred up to the point of delay.
Split Tone Films reserves the right to re-negotiate the delivery date if a delay caused by the client results in the original delivery date being impossible to achieve. In such instances, Split Tone Films shall provide the client with a revised timeline and an estimate of any additional costs incurred.
If the delay is caused by adverse weather conditions or any other event outside of the client's control, Split Tone Films will work with the client to minimize any additional costs and to complete the work as soon as reasonably possible. However, Split Tone Films shall not be held liable for any additional costs, expenses or losses incurred as a result of such delay.
11. Post-Production Feedback and Amendments:
Post-production feedback is an essential part of the video production process, and we offer up to three rounds of reasonable amendments within the agreed-upon project scope. A round of amends is defined as reasonable changes or revisions to the video project that can be completed within a single feedback cycle. Reasonable changes may include minor adjustments to timing, pacing, or visual effects.
A. Scope Limitation: Any changes or additions requested by the client must remain within the project scope originally agreed upon in the initial invoice. If the client wishes to introduce changes that go beyond this scope, such changes will be considered "out of scope."
B. Out-of-Scope Amendments: It's important to note that changes considered out of scope will require a new invoice and mutual agreement from both parties before any further work is carried out. Out-of-scope amendments might include those that necessitate significant re-editing, additional filming, or substantial alterations to the project's direction or objectives.
C. Additional Charges: In the event that the client requests more than three rounds of reasonable amendments or additional amendments after the final video has been delivered and approved, a new invoice will be issued and mutual agreement from both parties before any further work is carried out.
12. Client Responsibilities for Three Rounds of Amendments:
A. Prompt Feedback: The client is responsible for providing clear and timely feedback within a reasonable timeframe after each round of revisions is submitted. Delays in feedback may impact project timelines and may result in additional costs if extended amendments are required.
B. Scope Adherence: The client's requests for amendments should align with the originally defined project scope. Any fundamental changes to the project direction or objectives should be separately communicated and mutually agreed upon, as these changes may lead to adjustments in project timelines and costs.
C. Consolidated Feedback: To optimize the revision process, the client is encouraged to consolidate feedback from all key stakeholders and add onto the Vimeo video file. This should include specific comments, suggested changes, and any visual or written references where applicable.
D. Designation of a Single Point of Contact: To maintain efficient communication, the client should designate a single point of contact responsible for coordinating and relaying feedback to our team. This ensures clarity and minimizes potential miscommunications.
E. Adherence to Deadlines: The client is responsible for adhering to mutually agreed-upon deadlines for each round of amendments. Failure to meet deadlines may result in project delays, additional costs, or rescheduling.
F. Clarity in Communication: The client should communicate their expectations, preferences, and objectives clearly. Unclear or ambiguous instructions may lead to misinterpretation and additional revision cycles.
G. Approval and Sign-off: Once the client is satisfied with the final round of amendments, they are responsible for providing formal approval and sign-off. This signifies the completion of the project and initiates any subsequent phases, such as production or delivery.
H. Additional Rounds: If the client requests more than the agreed-upon three rounds of amendments, this will be treated as a change in the project scope and will result in additional costs and an adjusted timeline. The client should communicate any such requests promptly.
13. Project Duration and Delivery:
A. Project Commencement: The project will commence upon receipt and clearance of deposit for the project.
B. Project Timeline: The project timeline, including key milestones and deadlines, will be outlined in the project scope. The project manager will work diligently to ensure that the project adheres to this timeline. Any changes to the timeline will be communicated and agreed upon by both parties.
C. Project Delays: While every effort will be made to complete the project within the specified timeline, the client acknowledges that unforeseen circumstances may lead to project delays. In such cases, the project manager will promptly notify the client of any potential delays and provide revised timelines.
D. Delivery of Deliverables: The client will receive project deliverables in accordance with the agreed-upon project timeline. The format and method of delivery will be specified in the project scope document.
E. Client's Role in Timely Delivery: The client's timely provision of feedback, approvals, and required materials is essential to ensuring project delivery according to schedule. Delays in client responsibilities may impact project timelines.
F. Partial Delivery: In some cases, project deliverables may be delivered incrementally. The project manager will specify the delivery schedule for such cases.
G. Final Delivery and Acceptance: Upon completion of the project, the client will receive the final project deliverables. The client shall review these deliverables and provide formal approval and sign-off in writing to signify project completion and acceptance.
H. Project Closure: Following client approval and sign-off, the project will be considered closed. Any further work, amendments, or additional services will be subject to a new agreement.
14. Copyright and Ownership:
As a video production company, Split Tone Films is committed to upholding copyright laws and respecting ownership of all materials used in our client projects.
Where the Client provides any material, including logos, images, trademarks, footage, and audio, it is the responsibility of the Client to obtain the necessary permissions in advance from the original copyright holder. By agreeing to these terms and conditions, the Client hereby indemnifies Split Tone Films against any claims, disputes, expenses, or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
Split Tone Films retains all rights to the usage of footage captured during the production of any client-commissioned project. Additionally, Split Tone Films retains all copyright over any content we produce. We reserve the right to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
Split Tone Films assigns to the Client a license to use the video production 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.
Provided that all payments due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions, the Client is granted a perpetual usage license relating to the video material in its delivered form. Until all payments are made in full, the copyright and ownership of all edits and material shot or created remain the full copyright and ownership of Split Tone Films LLC. Any material published that has not been fully paid for will be copyright-claimed by Split Tone Films to the publishing platform.
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.
Once a Client approves a project as complete and satisfactory in writing, it will be released by Split Tone Films and the Client. Clients are not permitted to release any form of preview or work-in-progress content to the public or their end-user.
By publishing a video into the public domain, the Client assumes that it is acceptable for any talent featured in the video, including voiceover artists, contributors, actors, and presenters, to use and publicize their appearance in the video for the purpose of the talent’s own showreel and marketing use (in whole or part use).
15. Backup and Storage:
We understand the value of your content and are committed to maintaining its security and accessibility. For a minimum of a one-year period, commencing from the date of project completion, we will continue to store and backup the data associated with this project. This service ensures that your valuable content is safely stored and readily accessible during the time period.
16. Payment Schedule:
Unless otherwise stated, our payment schedule for projects is as follows.
50% of total project value deposit, paid on receipt of invoice. Which is non-refundable. Your production is not secured and booked in until this deposit payment clears in Split Tone Films LLC's bank account or a Purchase Order or similar document has been raised and shared with us.
25% 7 days prior to the first production date. Failure to pay on-time may result in rescheduling of production days at the client's expense.
25% before final delivery of all signed off content.
Split Tone Films reserves the right to withhold delivery and any granting or continuation of usage license of any current work if accounts are not current or invoices are not paid in full. All grants of any license to use our copyright material under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
17. Unsuitable Content:
Split Tone Films reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libelous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
18. Liability for errors after sign-off:
Split Tone Films 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.
19. Termination of contract:
The client may terminate the contract at any time by written notice of termination and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Split Tone Films unless any other written agreement is reached in advance.
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. Including but not limited to: the provision of Purchase Order; written or verbal acceptance of a quote; instruction to book out the studio calendar; and processing of the deposit invoice. This document shall be taken as an agreement between the Client and Split Tone Films LLC under US law.