Terms & Conditions.

These terms apply to production and content services provided by Over & Above Aerial, a trading name of Blood Orange Ltd (company number 09628926). By accepting a quote or paying a deposit, you confirm you have read, understood and agreed to these terms.

1. Definitions

• Project: the work detailed in the Scope of Work accompanying our quote.
• Scope of Work: the schedule or email setting out deliverables, timeframe, budget and production details.
• Delivery Materials: all video, audio, photographic or other content created during the Project.
• Background IPR: intellectual property owned by either party before, or independently of, the Project.
• Foreground IPR: intellectual property created in delivering the Project.

2. Cooperation

We commit to meeting and exceeding your expectations. You agree to cooperate and to provide the information, approvals, assets and access we need to complete the Project on schedule. Requests outside the agreed Scope of Work may require a revised quote and timeline. Projects left inactive for more than 45 days due to client delay may incur a resumption fee.

3. The editing process

We provide up to three rounds of edits per video deliverable. Additional rounds are billed at our current rates unless agreed in writing. Feedback is submitted through Frame.io. Both parties agree to keep to the agreed timelines; client-caused delays may lead to timeline adjustments and additional fees. Project files are retained for 60 days after delivery; retrieval afterwards may incur a charge.

4. Payment

A 50% deposit is payable on acceptance of the quote, with the remaining 50% due within 30 days of completion. Draft versions are watermarked; final files are delivered once payment is received in full. Late payments may incur a fee plus interest at 8% above the Bank of England base rate, and any reasonable costs of recovering the debt. Project expenses may be invoiced separately or requested in advance.

5. Variation and cancellation

Changes to the Scope of Work require written notice and any additional cost will be invoiced. Cancellation fees apply as follows: 8 or more days before a scheduled day, no charge; 7 to 4 days, 50% of the Project fee; 3 to 2 days, 75%; 1 day or same day, 100%. Non-refundable costs already incurred, and any licensed music purchased, remain chargeable. Where adverse weather or site conditions require rescheduling, you must notify us in writing; additional crew, location, equipment and travel costs are chargeable.

6. Data protection

We comply with applicable data protection legislation. Where we process personal data on your behalf for a Project, you are the data controller and we are the data processor. We process such data only to deliver the Project, keep it confidential, apply appropriate technical and organisational measures, and notify you of any data breach without undue delay. See our Privacy Policy for more.

7. Confidentiality

Both parties will keep confidential any commercially sensitive information disclosed during the Project. These obligations continue after the Project ends.

8. Intellectual property

Background IPR remains with the party that owns it. We own all Foreground IPR until payment is received in full, at which point the IPR in the final Delivery Materials transfers to you. We may use Project Delivery Materials, and your name and logo, for our own promotional purposes unless agreed otherwise in writing. You confirm that any materials, locations, appearances, trademarks or artwork you provide or feature are properly cleared and licensed, and you indemnify us against claims arising from any failure to secure such permissions. Rushes and working files remain our property unless agreed otherwise.

9. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud. Subject to that, our total liability is capped at 150% of the fees paid for the Project, and we are not liable for indirect or consequential losses.

10. Term and termination

These terms apply from acceptance of the quote or payment of the deposit until the Project is complete. Either party may terminate on 60 days' written notice. We may terminate immediately for material breach, insolvency or non-payment. On termination, all sums due and any non-cancellable commitments become payable.

11. General

These terms are governed by the laws of England and Wales and constitute the entire agreement between the parties. You may not assign them without our written consent. Neither party is liable for failures beyond its reasonable control. If any provision is found invalid, the remaining provisions continue in effect. Disputes will be referred to mediation before any litigation.

For any query about these terms, contact hello@overaboveaerial.com.