Surge Films CIC – Terms and Conditions
V4 05-01-2026
1. INTERPRETATION
Terms defined in the Proposal Document shall apply throughout these Terms & Conditions. In addition, the following terms shall have the following Meanings:
1.1. “Surge Films” means “Surge Films CIC”.
1.2. “Proposal Document” means the document and/or quote that the Customer needs to review, sign and return to Surge Films CIC, to book the services and enter into a contract with Surge Films CIC.
1.3. “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.
1.4. “Contract” means the contract between Surge Films CIC and the Customer, of which the Proposal Document and these Terms and Conditions form an integral part.
1.5. “Client” means the legal entity (which includes a company, partnership or individual) accepting Surge Films CIC’s quotation for the supply of Equipment or Services or whose order for Equipment or Services is accepted by Surge Films CIC or the party otherwise commissioning the Services in each case as named on Surge Films CIC’s invoice;
1.6. “Equipment” shall mean all and each item of equipment referred to in this Agreement to be supplied by Surge Films CIC and all additions, alterations and replacements to that Equipment;
1.7. “Event” means any exhibition/or conference/or event to take place at the venues in which the Customer has ordered services;
1.8. “Fees” means the fees payable by the Customer to Surge Films CIC in respect of the Services as detailed in the Proposal Document;
1.9. “T&C Agreement” shall mean these Terms and Conditions, and all exhibits, amendments and attachments hereto;
1.10. “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 1act or direction of government, act of terrorism, nuclear, chemical or biological contamination, fire2, war, industrial action or breakdown of equipment;
1.11. "Dry Hire" shall mean the hire of Equipment without the supply of operational personnel.
1.12. "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 CIC Video, Photographs or Broadcast will require various elements of services. The Client shall work with Surge Films CIC to establish which elements are required and develop an event specification.
3.2. At any time, the Client and Surge Films CIC 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 CIC 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 CIC.
3.3. Utilising the specification, Surge Films CIC 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 CIC, 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 CIC as required. Surge Films CIC 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. The specification shall also describe in sufficient detail all aspects that Client requires with respect to allowing viewers to view an Event or Production, including such matters as the estimated number of viewers that may view the Event or Production, the registration procedures for viewers, the availability after production for on-demand viewing, and any other concern or issue of importance to Client.
3.6. If, in the reasonable opinion of Surge Films CIC, 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 CIC may deny additional connections and disconnect existing viewers. Client agrees to notify Surge Films CIC at least ten (10) days before any Event or Production, if Client expects the number of viewers to exceed Surge Films CIC’s 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 of the event cost. This will be 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 CIC 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. The client shall be liable for any costs incurred due to the late payment of debts, including collection and legal fees.
4.5. Client shall be liable for all non-mitigated 3rd party cancellation fees, penalties, expenses, and costs incurred by Surge Films CIC due to Client’s cancellation, delay, or rescheduling of Events or Services.
4.6. Surge Films CIC’s charges for the provision of Equipment and/or Services shall be as stated in the Agreement and/or Schedule for Equipment and Services. Any extra Equipment or Services later required by the Client will be chargeable in addition.
4.7. The Client shall be liable for continuing Charges at the same rate as provided in this agreement.
5. CANCELLATION
5.1. Surge Films CIC may terminate the Contract by written notice with immediate effect if:
5.1.1. The Customer is in breach of any of its obligations under the Contract and/or the Terms and Conditions.
5.1.2. The deposit fee has not been paid seven (7) days before the Event or Production Period, or any other payment is overdue for more than fourteen (14) days;
5.1.3. Due to an event of Force Majeure, Surge Films CIC is prevented, delayed or hindered (or Surge Films CIC reasonably considers that it will be prevented, delayed or hindered) from carrying out any of our obligations under the Contract.
5.1.4. The Customer gives notice to your creditors or any of them that they have suspended or are about to suspend payment or they are unable to pay their debts within the meaning of Section 123 of the Insolvency Act 1986, or an order shall be made or resolution passed for their winding up or an administration order shall be made in respect of them, or the Customer shall become insolvent or shall make any assignment for the benefit of creditor3s or have a receiver appointed of all or any part of the Customer’s assets or take or suffer any similar action in consequence of debt.
5.2. On notice of termination pursuant to clause 5.1 above all sums due in respect of the Services shall become immediately due and payable to Surge Films CIC.
5.3. The Customer may give written notice of termination of the Contract to Surge Films CIC no less than thirty (30) days before the Event. Surge Films CIC reserves the right to invoice the Customer and seek recovery for any due or outstanding sum.
5.4. In the event the Customer terminates the Contract by giving notice to Surge Films CIC less than thirty (30) days prior to the commencement of the Event Period, the Services ordered will be charged at the full rate.
5.5. Should Surge Films CIC believe that the Customer has materially breached the Contract, Surge Films CIC reserves the right to decline the provision of the Services to the Customer at future events.
5.6. The termination of the Contract shall be without prejudice to any other rights and remedies that Surge Films CIC may have in respect of any breach of the Customer’s obligations under the Contract.
5.7. Refunds will only be provided to the Customer if written cancellation of the relevant order is received by Surge Films CIC no less than 30 days prior to the Event.
6. FORCE MAJEURE
6.1. In the event that the Event or Production is abandoned, cancelled or suspended as a result of an event of Force Majeure, neither party shall be liable to the other for any loss of any kind whatsoever including but not limited to any damages or abatement of charges whether directly or indirectly caused to or incurred by the other party by reason of any failure or delay in the perform4ance of its obligations hereunder.
6.2. If following an event of Force Majeure Surge Films CIC is unable to provide all or any of the Services during the whole or any part of the duration of the Event, the Client’s rights shall be limited to the return of a corresponding proportion of the charges paid by them for such Services.
7. CONFIDENTIAL INFORMATION
7.1. During the parties’ relationship, they may have access to confidential information of the other party that the disclosing party identifies as being confidential or that the receiving party reasonably should know is confidential (“Confidential Information”).5
7.1.1. Confidential Information of the Client includes, without limitation, personally identifiable content or data provided by the Client.
7.1.2. Confidential Information of Surge Films CIC includes, without limitation, the source code for the Platform, any accompanying documentation, information proprietary to Surge Films CIC or contracted third parties, this T&C Document, and all of Surge Films CIC’s technology.
7.1.3. Except as required by law, neither party shall in any way use or disclose any Confidential Information of the other party except as specifically contemplated by this T&C Agreement or with the prior written consent of the other party.
8. COPYRIGHT
8.1. In consideration for the services provided by Surge Films CIC, 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.
8.2. The client shall have the exclusive, perpetual, and worldwide right to use, reproduce, distribute, and modify the work for any purpose. Surge Films CIC retains no rights or interests in the transferred intellectual property.
8.3. The client agrees to indemnify and hold Surge Films CIC harmless from any claims or liabilities related to the misuse or infringement of third-party intellectual property rights used in the work.
8.4. This copyright transfer is contingent upon full payment of all fees and expenses. In the event of non-payment, Surge Films CIC retains all rights to the work.
9. WARRANTIES
9.1. Surge Films CIC warrants that it will professionally provide the Services, consistent with generally accepted industry standards.
9.2. Each party warrants that it has the legal right to enter into this T&C Agreement and will comply with all applicable laws.
9.3. Except as expressly set forth, the Services Surge Films CIC provides are provided “AS IS”. Neither Surge Films CIC nor its suppliers warrants that the Services will be provided error-free, uninterrupted, or secure.
9.4.5. Client acknowledges that Surge Films CIC may remove or disable any data it deems to be pornographic, libelous, offensive, or otherwise objectionable.
10. LIMITATION OF LIABILITY
10.1. Neither party excludes or limits its liability in respect of death or personal injury caused by negligence.
10.2. Surge Films CIC shall not be liable to the Customer for any loss of profits, goodwill, revenue, or opportunity or for any consequential or indirect loss.
11. ASSIGNMENT
The Customer may not assign, transfer, or charge the Contract or any rights/obligations under this Agreement without our prior consent.
12. RISK AND INSURANCE (DRY HIRE ONLY)
12.1. The Equipment shall be at the risk of the Client from the time of delivery until its return to Surge Films CIC’s premises.
12.2. The Client shall at its own expense insure Equipment (naming Surge Films CIC as a loss payee) against all loss or damage in an amount equal to its replacement cost as new.
12.6. Surge Films CIC accepts no responsibility for loss or damage to any equipment or materials of the Client which Surge Films CIC may agree to store or transport.
13. ADDITIONAL CLIENT UNDERTAKINGS (DRY HIRE ONLY)
13.1. To check Equipment before taking into use and notify Surge Films CIC forthwith of any repair or maintenance required.
Contact Information:
Email: hellp@surgefilms.co.uk
Surge Films CIC Level 1, Castle House, Castle Street
S3 8LU, Sheffield
