Terms and Conditions
1. Scope of Services and Fees
1.1 Definition of Terms: As specified on Page 5 of PIBS, offline projects can be completed at one of the following levels: Director’s Cut, Agency Approved Cut, or Client Approved Cut. These terms are defined as follows:
‘Director’s Cut’ The quote covers the Editorial Creative Fee, Edit Suite, and Ancillary Service Costs for a Director-Approved Edit of the agreed versions and lengths over the specified number of days. Should additional edit time be required beyond those days, a Daily Creative Fee and a Daily Suite Charge will apply.
‘Agency Approved Cut’ The quote covers the Editorial Creative Fee, Edit Suite, and Ancillary Service Costs for the edits approved by the agency (i.e., Agency Changes beyond the Director’s Cut). Specifically, for agency approval, the quote includes one round of changes that incorporates input and approval from the agency creative team, plus one round of internal agency changes. In effect, Agency Changes allocate for two additional edit days—one day per change round. Any further editing time—whether due to additional agency-approved revisions or exceeding the number of days specified in the quote—will incur an extra daily rate consisting of a Daily Creative Fee and a Daily Suite Charge.
‘Client Approved Cut’ The quote covers the Editorial Creative Fee, Edit Suite, and Ancillary Service Costs up to and including the Director’s Cut, along with Agency Changes. Starting from the Agency Approved Cut, any client changes will incur charges at a daily rate for the number of days specified in the quote. If additional editing time is required beyond those days, an extra daily rate will apply, consisting of a Daily Creative Fee and a Daily Suite Charge.
Please note that these definitions do not apply to projects quoted on a Daily Creative Fee and a Daily Suite Charge basis. For such projects any services rendered beyond the quoted timeframe shall incur additional charges calculated at our daily rate plus applicable Ancillary Service Costs.
‘Edit’ The term “Edit” refers to the deliverables provided for the agreed offline cuts, including the Picture EDL/AAF, Audio OMFI/AAF, and reference cutting copy. Additional cut variations created as part of the job workings may be released subject to an additional fee. For the avoidance of doubt, Marshall Street Limited will not release the project files or Editor Selects under any circumstances, as these are not considered part of the Edit under this agreement.
1.2 Alternative Versions: All additional versions produced beyond the agreed quote—including edits of differing durations or adaptations for foreign markets, etc.—shall be subject to an edit fee as per the prevailing terms. This provision applies even to projects quoted on a daily rate basis for a specific set of deliverables.
1.3 Media Restrictions: Should edits intended for use on the Internet or social channels be broadcast on television in contravention to the agreed usage, then the standard rate card TVC edit fee shall be charged.
1.4 Sub-Contracted Work: All sub-contracted work performed together with all incidental costs incurred by Marshall Street Limited shall be subject to a twenty-five percent (25%) handling fee or mark-up.
2. Estimates and Adjustments
2.1 Nature of Estimates: All quoted fees are estimates only and are based upon our current understanding of the project requirements.
2.2 Right to Re-Evaluate: Marshall Street Limited reserves the right to review and adjust all estimates in line with evolving project specifications and deliverables.
3. Payment Terms
3.1 Payment Schedule: Upon confirmation of the engagement, fifty percent (50%) of the total quoted fee shall be invoiced immediately and is due no later than the first loading day. The remaining balance, together with any additional costs incurred, shall be invoiced upon completion of the work and is payable within thirty (30) days of the invoice date.
4. Cancellation Policy
4.1 Cancellation Fees: Cancellation of confirmed services shall incur a fee as follows: (a) If the cancellation is received seven (7) days or less prior to the scheduled commencement of services, the fee shall equal one hundred percent (100%) of the total fee; (b) If the cancellation is received more than seven (7) days prior to the scheduled commencement of services, the fee shall equal fifty percent (50%) of the total fee.
5. Operational Matters
5.1 Working Hours and Overtime: Edit/Suite day costs are calculated based on a nine (9) hour working day including a one (1) hour working lunch. Unless otherwise specified, all work shall be performed on consecutive weekdays between the hours of 9:00 AM and 6:00 PM. Any work rendered outside these hours shall incur overtime charges on an as-used basis.
5.2 Additional Services: Services not expressly included in this quotation—including additional Quicktimes, EDLs, transportation, or any extra preparatory work (such as logging, loading, breakdown, prepping, etc.)—conducted either prior to, during, or following the editing process will be charged on an as-used basis.
6. Sound Recording and Rushes
6.1 Audio Sync: For sound recorded on set, all rushes must be synchronized prior to delivery. Should synchronization not be completed, an additional fee for syncing shall be applied.
6.2 Media Delivery: All rushes shall be transcoded in accordance with Marshall Street Limited’s transcode specifications and delivered promptly. Delivery shall be made either via a hard drive provided by the client or via an agreed upload server.
7. Material Liability and Insurance
7.1 Loss or Damage: Notwithstanding the care taken by Marshall Street Limited, no liability shall be accepted for the loss or damage of film or data materials. Clients are advised to insure such materials while on set, at our premises, or in transit. Clients are also advised to make multiple safety copies of the master material.
7.2 Backup Responsibility: It is the sole responsibility of the client to maintain adequate backups of all film or data materials.