SURGE FILMS CIC – Terms and Conditions
V1 30-01-2026

1. INTERPRETATION

Terms defined in the Proposal Document shall apply throughout these Terms & Conditions. In addition, the following terms shall have the following meanings:

  • “Surge Films” or “Surge” means “Surge Films CIC”.

  • “Proposal Document” means the document and/or quote that the Customer needs to review, approve and return to Surge Films, to book the services and enter into a contract with Surge Films.

  • “Services” shall mean the installation, operation, production of video and/or event and removal of the Equipment and/or other services as described in this Agreement, including but not limited to Broadcasts, Event Filming, Editing, Photography, Broadcast Platform and all other services and tools used to produce their services.

  • “Contract” means the contract between Surge Films and the Customer, of which the Proposal Document and these Terms and Conditions form an integral part.

  • “Client” means the legal entity (which includes a company, partnership or individual) accepting Surge Films’ quotation for the supply of Equipment or Services or whose order for Equipment or Services is accepted by Surge Films or the party otherwise commissioning the Services in each case as named on Surge Films’ invoice;

  • “Equipment” shall mean all and each item of equipment referred to in this Agreement to be supplied by Surge Films and all additions, alterations and replacements to that Equipment;

  • “Event” means any exhibition, conference, or event to take place at the venues in which the Customer has ordered services;

  • “Fees” means the fees payable by the Customer to Surge Films in respect of the Services as detailed in the Proposal Document;

  • “T&C Agreement” shall mean these Terms and Conditions, and all exhibits, amendments and attachments hereto;

  • “Force Majeure” means any necessary inspection, repair or replacement of any part of the Site or any equipment or fittings and any event outside the Parties’ reasonable control, including, without limitation, any act or direction of government, act of terrorism, nuclear, chemical or biological contamination, fire, war, industrial action or breakdown of equipment;

  • "Dry Hire" shall mean the hire of Equipment without the supply of operational personnel.

  • "Writing" or “Written” shall include facsimile, electronic mail, and telephone text.

2. ACCEPTANCE OF TERMS

By using the Services, the Customer agrees to all the Terms and Conditions set forth in the T&C and the Agreement.

3. PRODUCTION SERVICES

3.1. Production of Surge Films Video, Photographs or Broadcast will require various elements of services. The Client shall work with Surge Films to establish which elements are required and develop an event specification.

3.2. At any time, the Client and Surge Films determine that a Specification needs to be adjusted for an Event or Production, the parties shall revise this based on mutual agreement. Client acknowledges that a successful Event or Production requires a correct specification submitted a reasonable amount of time prior to the Event or Production. Surge Films shall not be liable for any failures, errors, or omissions to the Specification and/or the Event or Production, because of the Client’s failure to timely and accurately respond to reasonable requests by Surge Films.

3.3. Utilising the specification, Surge Films will commence producing the Event or Production. Client acknowledges that because of the difficulties in defining all aspects of an Event or Production, it will need to work closely with Surge Films, including being reasonably available for consultations, if and or when any issues arise.

3.4. Client is fully responsible for providing all aspects of the content of each Event and for making sure that the aspects of the content are available to Surge Films as required. Surge Films will not be responsible for creating or editing any content provided by the Client unless otherwise specifically set out in writing signed by both parties.

3.5. If, in the reasonable opinion of Surge Films, the number of viewers connected to, or attempting to connect to, an Event or Production exceeds the bandwidth reserved for that Event or Production, Surge Films may deny additional connections and disconnect existing viewers. Client agrees to notify Surge Films at least ten (10) days before any Event or Production, if Client expects the number of viewers to exceed Surge Films’ reasonable bandwidth expectations.

4. FEES AND PAYMENT

4.1. On initial enquiry, a quote shall be produced based on the client’s requirements.

4.2. Upon acceptance of this quote, an invoice will be produced for payment for seventy per cent (70%) of the total event or production cost to secure equipment and resources to that event.

4.3. On completion of the event or production and when all material (i.e., Videos, Photos, VOD Clips) have been delivered, an invoice will be issued for the remaining balance, required to be paid within 14 days.

4.4. If an Invoice remains unpaid after 14 days or more, Client Content may become unavailable for viewing or downloading. Surge Films reserves the right to claim statutory interest at 8.5% on the date the debt becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.5. Client shall be liable for all non-mitigated 3rd party cancellation fees, penalties, expenses, and costs incurred by Surge Films due to Client’s cancellation, delay, or rescheduling.

5. CANCELLATION

5.1. Surge Films may terminate the Contract by written notice with immediate effect if:

  • The Customer is in breach of any obligations under the Contract.

  • The deposit fee has not been paid seven (7) days before the Event, or any payment is overdue for more than fourteen (14) days.

  • An event of Force Majeure prevents or hinders Surge Films from carrying out obligations.

  • The Customer enters into insolvency, liquidation, or administration.

5.2. The Customer may give written notice of termination no less than thirty (30) days before the Event. If notice is given less than thirty (30) days prior, the Services will be charged at the full rate.

6. COPYRIGHT

6.1. In consideration for the services provided by Surge Films, the client hereby acknowledges and agrees that all intellectual property rights, including copyrights, related to the work produced under this agreement, shall be transferred to the client upon full payment of all fees and expenses.

6.2. The client shall have the exclusive, perpetual, and worldwide right to use, reproduce, distribute, and modify the work. Surge Films retains no rights or interests in the transferred intellectual property once paid in full.

6.3. The client acknowledges that any third-party materials used in the work are the client's responsibility to obtain appropriate licenses.

7. LIMITATION OF LIABILITY

7.1. Neither party excludes liability for death or personal injury caused by negligence or fraudulent misrepresentation.

7.2. Surge Films shall not be liable to the Customer for any loss of profits, goodwill, revenue, or opportunity or for any consequential or indirect loss suffered by the Client howsoever caused.

8. RISK AND INSURANCE (DRY HIRE OR UPON REQUEST)

8.1. The Equipment shall be at the risk of the Client from the time of delivery until its return to Surge Films.

8.2. The Client shall at its own expense insure Equipment (naming Surge Films as a loss payee) against all loss or damage in an amount equal to its replacement cost as new.



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