General
This website is owned and operated by: Bodacious Ltd with a registered address at: 123 Wesbury, Stillorgan, Dublin A94 R992
By using our website, which includes access through other digital platforms such as our app, you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website.
Terms and Conditions of Bodacious Ltd
Bodacious Ltd are the Global Production Network exclusive Ireland partner. We provide production and location services for every type of film or stills shoot. We provide production services across this island, an island with incredibly diverse landscapes, long coastal driving roads, and all that you would expect from the Emerald Isle. We can help create other parts of this globe on our island.
Hours of work
Bodacious Ltd office hours are from 9am-5pm Monday-Friday. We may work outside these hours on a particular project, but these are agreed beforehand.
Contacting Bodacious Ltd
Bodacious Ltd respects that everyone uses different platforms and works different hours. Bodacious Ltd will review all emails twice a day and respond to any queries within 48 hours Monday to Friday. Any correspondence received through mobile, social media and other platforms will be acknowledged and responded to within 48 hours.
Storing Personal Data
Bodacious Ltd respects confidentiality, transparency, and privacy. The client always has access to their records and can request copies of same under a Data Subject Access Request. Please note that this request should be sent to: max@bodacious.ie
Client Details
Please note that any stored phone numbers or emails will be deleted from Bodacious Ltd on a yearly basis but contact information that is relevant to the performance of a contract will be stored for five years at the end of the contract.
Payment of Fees
Budgets are agreed at the bid stage and any additional costs that are incurred but not covered under the remit of the original bid will be communicated to and agreed with the client prior to their inclusion.
With each project a bid and budget are created and is bespoke and explicitly linked to that project only and will not be applied to any other project. Any additional changes that fundamentally effect the original bid and/or budget will have to be approved before the changes are implemented.
Please refer to the Bid Letter and CPI Contract work to confirm breakdown of fees. This document also covers what is included and excluded in the breakdown of fees.
Termination Policy
Bodacious Ltd can only work with a client if the relationship is open, transparent, and reciprocal. If either party feels that the relationship between the client and Bodacious Ltd has broken down, then Bodacious Ltd and/or the client retain the right to withdraw from the agreed contract. Cancellation costs are contained in the CPI contract issued upon award of the contract.
Protection of Intellectual Property
The materials supplied by Bodacious Ltd (including all website content) are of a confidential nature. From time to time, Bodacious Ltd may use examples of work they have created or businesses that have worked with to illustrate their quality of work- we reserve the right to use the final edit for archival and showreel purposes, and to display on our website. Any attempt by the Customer to enter the markets that Bodacious Ltd operates in after gaining possession of such educative materials will be classed as entering competition with Bodacious Ltd.
The Production Company holds all Copyright throughout the world in the Commercial(s) and in all other footage shot by the Production Company in the production of the Commercial(s).
Where animation or character design is exclusively designed and created by the Production Company in the production of the Commercial(s), such animation or character design shall remain the sole property of the Production Company.
If the Agency wishes to use animation or character design from the Commercial(s) for other purposes (including but not limited to press, poster or point of sale) the Production Company will grant permission for such use for a fee to be agreed. The use by the Agency of the Commercial(s) or any part thereof in connection with the production of any other Commercial for a different advertiser shall be subject to the Production Company’s prior written consent.
The Agency and Production Company will ensure that appropriate permissions are obtained in respect of copyright or trademarked material being supplied by each of them respectively for inclusion in the Commercial(s).
Full Copyright in the final finished Commercial(s) and rushes for Ireland (32 counties) will be assigned to the Agency for all media in perpetuity. This Copyright will be assigned on full payment of final production costs including any agreed extra production costs to the Production Company by the Agency as per clause 5. Prior to the assignment of copyright, the Agency will have access to the rushes etc. for Digital/Online films only. For any TV cutdowns or other Commercial(s) created as part of the campaign within six weeks of the first air date, the Production Company will be given first option to carry out this work.
Upon receipt of final payment, a letter of transfer of Copyright as per Appendix E will be issued by the Production Company to the Agency. Should copyright in the final finished Commercial(s) and rushes be sought for territories outside Ireland, this can be negotiated upfront, otherwise the following payments will apply:
1 to 3 European Countries: EURO 5,000 (per individual commercial per country)
All European Countries: EURO 15,000 (per individual commercial)
USA & Canada: to be negotiated between both parties
Worldwide: to be negotiated between both parties
All these costs will be index linked from date of agreement.
Should copyright in the final finished Commercial(s) and rushes be sought for any territories outside Ireland, any reductions in either Producer Fees or Director Fees in the original budget will be paid in full. Any reduction in these fees must be clearly marked on the original Production Quote.
The Production Company will have the rights to create a Director’s Cut and to use this or any of the delivery cuts for promotional purposes worldwide in perpetuity. The Agency will not be held responsible for cast, music and VO that is out of buyout in any material used for promotional purposes by the Production Company. The Production Company agrees to address any specific client objections to the content of a Director’s Cut.
Legal Advice
Bodacious Ltd reserves the right to consult with their legal advisors in all cases of Court orders for access to personal records and/or all other information requests.
Terms and Conditions of Service of Business
Contract Of Service
When you order services from us, the terms in force at the time of your order will apply as the contract of sale between you and us. This contract of sale begins to be formed between us when we issue an invoice. You shall only become the full owner of the service once we have received full payment for it.
Indemnification, Liability, And Limitation
The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents. In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms. You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence. For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss. Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.
Sales Of Services
If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. We reserve the right to discontinue any service at any time. In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services or digital goods. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such.
Refunds
We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis. We encourage you to contact us as soon as possible after delivery should you discover a fault or defect in the services or digital goods.
Social Media Platforms
Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively. You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details. We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.
Data Protection, Privacy And Security
Your rights to data protection and privacy, including security over data, are very important to us. We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service. This website processes information from you as per our Privacy Statement. When you, amongst other actions, visit our website, enquire about services or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement.
Governing Law And Disputes
This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply and the appropriate courts of the Republic of Ireland will have jurisdiction.
Variation Of These Terms & Conditions
We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice. Please refer to these terms when you visit the website as they may change from time to time.
Severability
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver
The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
Entire Agreement
These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
Contact Information
You may contact us by e-mail at the following address: max@bodacious.ie
Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them. This information should not be considered as made manifestly public for the purposes of general marketing contact.