Terms and Conditions

This page (together with the documents referred to on it) tells you the only terms and conditions on which we can accept any project submissions (Submissions) listed or referred to on our website www.birminghamfilmmarket.co.uk (our site) to you.

Please read these terms and conditions carefully before proceeding with any Submissions on our site.

You should understand that by processing Submissions, you agree to be bound by these terms and conditions.

You can print a copy of these terms and conditions for future reference. These Terms and Conditions may also be found from a link on our home page.

Information about us

www.birminghamfilmmarket.co.uk is a site operated by Birmingham Film & TV Market Limited (The Team). We are registered in England and Wales under company number 13985793 and our registered office is at Unit 96C Blackpole Trading Estate, Worcester WR3 8TJ.

Service availability

Our site is intended for use by people resident in any country (Serviced Countries). We can accept orders from individuals both nationally and internationally.

Your status

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old;

(c) You are legally permitted to act on behalf of the business, company or other entity that you have registered with;

(d) You have full, or exclusive, or legally given, rights over the materials (Projects) you are registering with; and

(e) In the event that you have been granted a pass to the market, this pass can only be used by you. If you can no longer attend and would like to assign a team member to take your place, you have to inform us immediately. If you can no longer attend and would like to forfeit your pass, you have to contact us directly on office@birminghamfilmmarket.co.uk. You can under no circumstances give your pass to another person or team not representing your projects, and representing projects we have not reviewed or have reviewed and rejected, as they will be refused entry.

How the contract is formed between you and us

1.1 After successfully processing a Submission, you will receive an e-mail from us acknowledging that we have received your application. Please note that this does not mean that your application has been successful. Your application constitutes an offer to us to review your Projects and is subject to acceptance by us. Your Submission is subject of £10.00 non-refundable fee which is required prior to your application being accepted for reviewing. Successful applications are limited to 50 for every individual event, with exceptions only under extraordinary circumstances and subject to our approval.

The contract between us (Contract) will only be formed when we send you the approval confirmation (Approval Confirmation).

1.2 The Contract will relate only to those Submissions whose approval we have confirmed in the Approval Confirmation. Approval Confirmations are strictly impartial and are subject to various factors being taken into consideration when given, and do not always reflect the commercial and creative overview of the Projects. Decision making can be influenced by current trends, commissioners' remits, projects' currency and relativity, and more. Unsuccessful Submissions can reapply for any future events and are encouraged to seek feedback from the team, please contact us on office@birminghamfilmmarket.co.uk.

1.3 Approval Confirmations will be accompanied by a written agreement which will have to be signed by both parties before proceeding, and failure to sign this agreement will deem this Contract void. The written agreement will stipulate the remuneration entitled to Birmingham Film & TV Market Limited in the event of a successfully executed deal. Details of this renumeration can be found at the very end of these terms and conditions, under 'Market Deals'.

Availability

Spaces at any one of our events are strictly capped at 50 teams due to venue capacity and time constraints. We can accept an additional team member per applicant, subject to a fee advised on application. You are not obliged to bring an additional team member if you do not wish to do so.

In exceptional circumstances, the team can grant Approval Confirmation to an individual or team when all spaces have been filled. This may be due to exclusive request from a commissioner, an award, or other. You will receive the full reason for your exceptional selection and will be given the choice to accept or refuse your space. You cannot grant your place to another person who is not a representative of your Project(s).

Risk and title

1.4 You are responsible to ensure you remain contactable at any time. If, following an Approval Confirmation, we cannot get hold of you by any means provided in your application form, and no later than the payment confirmation date as indicated on our website, you will automatically lose your pass. We do not take responsibility for places lost due to an applicant being irresponsive or providing incorrect contact details.

1.5 Full participation pass will only be granted to you when we receive full payment. If you fail to pay by the payment confirmation date, your will automatically lose your pass. The Team retains the right to allow some flexibility if you contact us in a timely manner to inform us of any personal circumstances that may cause a delay in your ability to pay. Unfortunately, we are unable to allow attendance at the market if we have not received payment by the day of the event.

Price and payment

1.6 The price of the market pass and any additional options is clearly advised on all submission forms, on our website, and on the corresponding invoices. The price will apply equally to all wishing to participate with no exceptions.

1.7 Price of the market pass may be subject to a discount which is granted to previous year's attendees. Only one code can be used per team and it is only valid for a consequent event.

1.8 Prices are liable to change for future events.

1.9 When an applicant receive an Approval Confirmation, this will be accompanied or followed by a corresponding invoice for the total of the pass, and any additional services requested (e.g., plus one), minus the submission fee of £10.00.

1.10 An abusive or disrespectful behaviour will not be tolerated at any cost. In the event of a participant exuding such behaviour, participation in the event and any future editions will be forfeited, and any refunds will be subject to the Team's decision.

1.11 Payment options include, but are not limited to, credit and debit card, and PayPal payments. If you wish to pay using any other means, please contact our team on finance@birminghamfilmmarket.co.uk

1.12 In the event of a successful deal as a result of your attendance at the market, additional terms and conditions will apply. These can be found under section 'Market Deals'

Our refunds policy

1.13a Refunds can be made prior to the event and are subject to the team's discretion. Please contact us immediately if you are no longer able to attend the event, to give us the opportunity to offer your space to another person or team.

1.13b If refund is requested within 48 hours of the event, and if we are unable to fill your allocated space, we will not be able to offer refund.

1.14 If you can no longer attend and would like to forfeit your pass, you have to contact us directly on office@birminghamfilmmarket.co.uk. You can under no circumstances give your pass to another person or team not representing your projects, and representing projects we have not reviewed or have reviewed and rejected, as they will be refused entry.

1.15 Refunds will not be given if you fail to attend the event without prior notice.

1.16 In the event of last minute circumstances out of your control, and subject to you informing us of such circumstances, your pass will be automatically assigned to a consecutive event.

1.17 'Plus One' participants that are unable to attend can request refund up until 24 hours prior to the event. No show of the 'Plus One' on the day of the event without prior notice will not be subject to a refund.

Our liability

1.18 We warrant to you that any Projects that are submitted to us, whether presented at the market or not, does not grant us, or anyone else reviewing your Projects, any rights, in any shape or form, over them.

1.19 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

1.20 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

1.21 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(g) loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 9.4.

1.22 We shall only share your Projects with those parties that have signed an NDA and with whom we have a written agreement to protect your rights. We will under no circumstances share any of your Projects or materials related to those Projects, with any third party that has no contractual obligations to us. Consequently, we shall not be responsible for any loss, injury, costs, expenses, claims or demands however arising from your personal decision to share your Projects, or other Projects not presented at the event, with a third party that we do not hold contractual agreements with.

1.23 While we will strive to provide every participant with the maximum chance of securing a positive outcome, and will work closely with both the Project owners and the commissioning and distribution bodies to improve and strengthen the presented materials at the event, we can not be hold liable for unsuccessful turn of events, whether as a result of our advice to you, on-the-day circumstances, or external factors in or out of our control.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

1.24 All notices given by you to us must be given to Birmingham Film & TV Market Limited, Unit 96C Blackpole Trading Estate, Worcester, WR3 8TJ. We may give notice to you at either the e-mail or phone number provided with your Submission. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

1.25 The contract between you and us is binding on you and us and on our respective successors and assigns.

1.26 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

1.27 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

1.28 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

1.29 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

1.30 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

1.31 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

1.32 A waiver by us of any default shall not constitute a waiver of any subsequent default.

1.33 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

1.34 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

1.35 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

1.36 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions

1.37 We have the right to revise and amend these terms and conditions from time to time, for example, to reflect changes in market conditions affecting our business, price changes, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

1.38 You will be subject to the policies and terms and conditions in force at the time that you send a Submission to us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to Submissions previously sent by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Approval Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of your Submission).

Law and jurisdiction

Contracts for the Submission of Projects through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Market Deals

In the event of a successful deal carried out during, or following, the event, and only when such deal is the result of the event, and only when such deal is officially agreed and lawfully binding between both parties, the Birmingham Film & TV Market Limited will be entitled to an EP credit and 1% of the Project's budget. The attendance fee paid by the participant will be deducted from this 1%. In most cases, the fee of 1% will be recovered from the commissioning body.