STATEMENTS & POLICIES
“Wilburr will deliver the finest video content; consistently delivering exceptional creativity, sound strategic thinking and provide honest common sense advice to all its clients.”
“To create a financially successful business who work with clients to make their video communication striking, clearer and more creative. To offer quality, enriching, fulfilling employment for its Directors & staff, whilst working within its policies on quality, equal opportunities employment, health & safety and the environment.”
- Wilburr aims to ensure that the needs of our clients are clearly understood and met through close liaison at all stages of our work
- We ensure we only accept work within our areas of expertise and within our capacity to deliver within the project plan
- All work is conducted to a high professional standard with sensitivity, technical and commercial integrity
- We communicate clearly and effectively with everyone
- The company is committed to effective quality management at every level within the business. Central to the philosophy of the company is the belief that quality is the responsibility of every member of staff and the quality policy is upheld and supported at all levels.
- Reporting will be as jargon free as is possible (video is a technical business, so it can be difficult) and accessible
- All documents will be reviewed by a Director prior to submission to a client.
- A nominated project manager is responsible for the work of the project, including that of sub-contractors
- Staff and sub-contractors are selected on the basis of how their skills meet the requirements of the project
- Staff and Directors receive appropriate training which is reviewed periodically during the company’s appraisal process
- Staff are given appropriate authority and resources within the scope of their responsibilities which are set out in their written job description and forward job plan
- Periodic audits and reviews of staff and project work are undertaken to ensure that standards are maintained and opportunities for improvements sought.
- The project schedule which has been agreed with the client is clear, achievable and rigorously followed and managed using the web based electronic project management system
- Any changes to the project plan are agreed by Wilburr and the client
- The progress of projects is subjected to review by meetings (these may be “virtual‟) and projects are managed via the electronic project management system. Agenda minutes and action points from these are recorded with other key project information in the electronic system
- Risk, issues and learning logs are maintained throughout the projects
- Issues are managed using corrective action techniques
- A project debrief is undertaken at the end of the project and a project closure statement is issued and signed by both Wilburr and the client.
- All appropriate documentation is maintained, controlled and archived
- Electronic data are maintained and backed up on internal and external servers.
CHILD PROTECTION POLICY
Wilburr Productions Ltd (Wilburr) is committed to safeguarding the welfare of children and young people. This policy establishes the responsibilities of everyone who works at Wilburr with regard to the protection of children and young people when working with or when brought into contact with children and young people.
In the context of child protection, children and young person’s refers to anyone less than 18 years of age.
This policy reflects the principles of both UK legislation and guidance and seeks to be consistent with “Best Practice” within the fields of child protection.
This policy is also designed to adhere to the child protection standards established by UK broadcasters.
The key principles are:
- The welfare of the child or young person is the paramount consideration and should be at the heart of the production.
- All children and young people regardless of age, gender, disability, racial or ethnic origin, religious belief and sexual identity have a right to protection from harm or abuse.
- It is the responsibility of all staff at Wilburr to promote the protection of children and young people and to comply with this policy. Staff are always expected to maintain a sense of proportion, apply common sense to situations and protect the child’s welfare as priority.
PRINCIPLES OF GOOD PRACTICE
Wilburr undertakes to:
- Treat children and young people with care, respect and dignity;
- Recognise that those working for Wilburr will be perceived by children and young people as trusted persons and therefore all staff must comply with this policy;
- Ensure communication with children and young people is open and clear;
- Assess the risks posed to children when undertaking activities;
- Ensure staff avoid physical contact with children and young people except for reasons of health and safety, or under supervision;
- Respond to any allegations appropriately and implement a disciplinary process as appropriate;
- Review this policy on a regular basis.
RECRUITMENT AND DISCLOSURE
New appointments:- As part of the Wilburr recruitment and selection procedures, all staff recruited to work specifically on productions involving children will be asked to complete a child protection self-disclosure form to confirm that they have no previous record of any child related offence (and where a DBS check is not required). Those who disclose that they have been convicted of any offence relating to children or young people, and/or subject to any disciplinary sanction relating to children or young people, will not be permitted to work on any production/project which involves contact with children or young people.
DBS’s - As part of the Wilburr recruitment process, offers of work for positions where working with/contact with children and young people is an expected part of that role will be subject to a satisfactory DBS check. This applies to individuals engaged on staff, freelance and casual contracts.
Additionally some schools, colleges and event organisers may require that Wilburr employees have been subject to a DBS check.
A satisfactory DBS check will be required in the following circumstances, prior to any duties being undertaken:
- Where the individual is required to work unsupervised with a child or young person.
- Where the individual is undertaking a “regulated activity”. Regulated activity is:
Activity involving contact with children and of a specified nature (e.g. teaching, training, care, supervision, advice, moderating, driving) on a frequent basis (once a month or more), intensive (takes place on 3 or more days in any 30 day period) or overnight (between 02.00 and 06.00 hours) basis; and activity involving contact with children in a specified place (e.g. schools, care homes etc.) frequently or intensively.
Current Staff whose roles do not entail working with children or young people, may on occasion work on projects that involve supervised contact with children/young people. In such circumstances, they will be asked to complete a child protection personal disclosure form (where a DBS check is not required).
Staff who disclose that they been convicted of any offence relating to children and young people; and/or disciplinary action or sanction relating to children/young people, will not be permitted to work on any production which involves children.
In cases where a role entails caring for, training, supervising or being in sole charge of children / young people, a DBS disclosure will be required before the role is undertaken. Such staff may require re-newed DBS disclosures at regular intervals as required by Wilburr heads of department
Disclosure Service The disclosure service is provided by the DBS and provides a regulated checking process against official data sources. The service is aimed at helping organisations make more informed recruitment decisions by reducing the risk of appointing someone with an unsuitable background to particular type of work.
Disclosure applications are checked against records of people banned from working with children held on the Police National Computer and by local police forces as well as other statutory lists. There are two levels of disclosure, each representing a different level of checking:
- Standard disclosures are primarily for posts that involve working with children/young people and vulnerable adults;
- Enhanced disclosures are for posts requiring a greater degree of contact with children/young people and vulnerable adults. In general the type of work would involve caring for, supervising, training or being in sole charge/unsupervised conduct with children/young people and vulnerable adults.
Wilburr Producer in conjunction with the Managing Director shall be Wilburr child protection officer. He/She shall decide which positions require DBS disclosures and shall be the focal point for all child protection issues.
He/she should be contacted if staff believe that a child/young person may be at risk of harm and/or staff are told by a child/young person of a child welfare issue. The procedures for concerns regarding children /young persons under Wilburr control are set out in Appendix A (on page 6).
HEALTH AND SAFETY
Wilburr health and safety policy gives guidance to those whose roles involve working with children/young persons.
A full health and safety risk assessment will be completed before bringing any child onto location or set.
Where a child or young person is involved, the risk assessment must take account of their particular vulnerabilities, which will include child protection.
The risk assessment should also set out what arrangements are in place for their care and supervision e.g. by a school, parent or chaperone and how these arrangements will be communicated to the appropriate parties. It is recommended that during production an appropriate person – a child ‘buddy’ is given responsibility to oversee, check and document the child’s welfare throughout and it is prudent that the child’s parent or guardian has access to this person throughout the production.
Wilburr will always work within the statutory hours allowed for working with children and tutoring will be provided in line with current legislation as required. Particular attention will be given to scheduling regular rest breaks and ensuring that refreshments are provided.
Appropriate clothing and facilities will always be provided according to the conditions involved for filming i.e. warm, dry shelter if filming in cold weather; water/shaded shelter from sun if filming in hot weather.
Children - When children are being transported on behalf of Wilburr, they should always be accompanied by a parent, guardian, chaperone or teacher.
All children for whom a licence is required during engagement with Wilburr, must be accompanied by their registered chaperone or parent whilst travelling. The registered chaperone is the name that appears on the relevant LEA child performance licence.
In exceptional cases where a child who does not require a licence is to be transported unaccompanied by their parent, guardian, chaperone or teacher, this must be with taxi companies that provide drivers with suitable background checks and satisfactory DBS disclosures (approved taxi companies), or by a member of staff who has a satisfactory DBS disclosure and in either case only with the specific prior consent of the parent or guardian.
Young Persons A young person is someone over school leaving age, so does not require a licence or chaperone, but is under 18.
Young person’s engagement on productions, who may travel unaccompanied on behalf of Wilburr should be transported by approved taxi companies or a member of staff who has a satisfactory DBS check. The prior consent of parent/guardian should also be obtained.
Children - Any child will be accompanied by a registered LEA chaperone if required to stay overnight on any production. Should a parent prefer to accompany and stay overnight with their child, this wish should be respected.
Young Persons - Written parental/guardian consent must be sought before a young person is asked to stay unaccompanied overnight in accommodation.
OTHER WELFARE CONSIDERATION
In addition to having in place appropriate child protection procedures, Wilburr shall comply with the general welfare obligations for children set out for broadcasters, under the OFCOM broadcasting code. The broadcasting code sets out the following duties of care:
- Due care must be taken over the physical and emotional welfare and the dignity of people under 18 who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of 18 in loco parentis (in the place of a parent).
- Children under 18 must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.
- Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.
In order to ensure compliance with the OFCOM code, Wilburr shall also seek to adhere to any guidance issued by OFCOM from time-to-time that underpins these broadcaster duties. In addition, Wilburr shall also closely liaise with those editorially responsible for the programme and with the broadcaster’s compliance and legal staff (as may be appropriate).
Any person working on behalf of Wilburr who is concerned about a child or young person involved with the company should refer the matter to Wilburr child protection officers.
Based on the circumstances, allegations of harm will be dealt with in the following way:
- Where it is believed that a child or young person may have been abused, harmed or may be at imminent risk of harm:
- Contact the police and/or social services.
- Where it is believed that a child or young person is not at imminent risk of harm, but there are concerns:
- The Wilburr child protection officer will clarify the concerns, record information, alert the line management and decide a course of action.
A course of action may include:
- Contacting the police
- Seeking guidance from social services and/or child protection agencies
- Investigation, followed by an agreed and implemented course of action
If concerns remain, agree to monitor and review the situation or record concerns, but not proceed with further action.
Allegations made against staff
Allegations made against staff would trigger an investigation and disciplinary process (as may be appropriate).
TERMS OF BUSINESS
PARTIES AND INTERPRETATION
This agreement is made between us, Wilburr Productions Ltd (“Wilburr”), and you, the client, named on the Final Agreement duly signed by your authorised representative.
You understand and agree that the person signing the Final Agreement (be they the directors of a limited company or partners of a partnership) will be personally liable for any commitments made but not fully met by themselves or their organisations, especially if these organisations cease trading and monies remain owing to us, and this takes effect even if you are a corporate entity (company limited by shares or guarantee or Limited liability partnership). This clause excludes government organisations.
Any reference to a particular law or statute is a reference to it as it is in force for the time being and includes all changes to that law in the future.
Words in the singular include the plural and in the plural include the singular. A reference to one gender includes a reference to the other gender. Condition headings do not affect the interpretation of these conditions. Clause headings shall not affect the interpretation of this agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors or permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
A reference to any party shall include that party's personal representatives, successors or permitted assigns.
A reference to writing or written includes letters, faxes, e-mail or any other electronic means.
This agreement applies to the supply of all products and services by Wilburr, unless we otherwise agree in writing. By commencing any Final Agreement with us you are agreeing to these terms and to the exclusion of all others.
All quotes for work are valid for fourteen (14) days, after which time all proposed work will be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Final Agreement to proceed with work
The Final Agreement follows on from the quote and includes such agreements as project agreement, service level agreements or any other agreement as agreed to by both parties.
The Final Agreement will include the specification as agreed by you, which you are asked to check carefully and agree or advise us to amend and correct, before confirming the agreement.
Where you have your own specific purpose for the products concerned such specification must cover the same and be expressly covered as we can accept no liability for any use of any end product that was not expressly agreed with us prior to commissioning of any work.
All Final Agreements are valid for thirty (30) days, after which time if it hasn’t been signed by you, all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from the original Final Agreement.
Any material supplied by you should be provided in digital format and as 'final' copy (unless agreed otherwise). Alterations or revisions to correct errors in supplied material may attract additional charges that we shall explain to you in advance.
Any material supplied to us is assumed by us as being copyright cleared.
We may charge additional fees in the event of delays caused by you, including failure to provide us with such information, materials, instructions, media or approvals, as are reasonably required for the supply of the works, appropriately and/or on time.
We also reserve the right to make additional charges in the event of changes to the cost of labour, materials, services and other conditions outside of our reasonable control, or if you require the supply of additional or varied works, goods and services in addition from those described in the Final Agreement to which these terms apply.
We may increase the price for the video if any information provided by you results in additional work required to be done by us.
We may terminate this agreement or the provision of any service with immediate effect if any payment due to us has not been paid by the due date for that payment, unless otherwise agreed by us.
We may terminate this agreement if you don’t provide us with any information, authorisation, permission or assistance which we require from you or that you need to obtain, within seven (7) days of us requesting it, in order to enable us to complete the work.
ACCEPTANCE OR REJECTION OF WORKS
You will inspect the works regularly and shall inform us immediately if you wish to reject any part of the works because they do not comply with the Final Agreement or are defective in material and workmanship based on an ordinary objective basis. If the works do not comply with the Final Agreement or are defective in material and workmanship based on an ordinary objective basis our liability shall be limited to correcting such defects within a reasonable time.
You will only be entitled to reject the Works because they don’t comply with the Final Agreement or are defective in material and workmanship. Rejection without good reason shall be deemed a breach of these terms.
VARIATION OF WORKS
If you require any change or alteration to the works stated in the Final Agreement, it will be agreed between us, prior to any change being implemented, the nature of the change in writing, the procedures for implementation of such a change; and the deviation to the quotation in respect of the fees. We will continue to provide the goods and/or services described in the Final Agreement until any such change has been formally proposed and agreed by both parties.
When instructions or advice are given or received orally by us, we shall have no liability to you for any misunderstanding or misrepresentation, which may arise in relation thereto except in relation to fraudulent misrepresentations. We shall have no liability to you in respect of the materials.
We reserve the right to mention this project by name in our own publicity & marketing material.
Anyone who experiences a problem with the service provided by us should raise the matter directly the project leader, giving sufficient information and clearly outlining the grounds for complaint. The Project leader will look at the complaint with a view to resolving the matter to your satisfaction.
Formal complaints procedure
The formal complaints procedure should only be used where you feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to the Managing Director, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven (7) days of its receipt; a full and considered response to the complaint should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.
If the complaint is not resolved by the Managing Director both parties may then escalate the matter to their respective directors or partners or business owners and where an agreement is reached it will be final and binding on both parties.
JOBS ON HOLD OR CANCELLED
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
Jobs put on hold by you during production, where production is beyond the initial payment value and time, will be invoiced at current stage and materials. We may, at our discretion, invoice for the fees in full. This invoice must be paid in full together with any VAT that falls due accordingly.
You may not cancel your order of the works or otherwise terminate this agreement (except for material breach by us of a fundamental term of this agreement) at any time without full payment of the all the fees.
USE OF THIRD PARTY CONTRACTORS
We may employ a specialist Third Party Contractor to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor.
We agree to grant applicable copyright within our work on receipt of final payment outstanding.
Any material supplied is assumed by us as being copyright cleared. You accept that you have exclusive copyright ownership in any material supplied to us. If this proves not to be the case you will indemnify us in full for any loss suffered as a result.
We may include the statement “Made by Wilburr”, together with appropriate copyright notices.
When we are in receipt of a Final Agreement complete with a non-refundable payment of 50% of the total value of works, we will commence work. No works will be entered into until such notification and payment has been received. We may, under certain circumstances, agree alternative payment terms; these will be agreed in advance and documented in the Final Agreement
On completion of the agreed work as outlined in the Final Agreement, unless previously agreed in writing (by email, fax or letter) and signed by us, you will pay us the monies owed, without deduction, within fourteen (14) days of the date of invoice.
We are entitled to charge interest on late payment at the rate of 10% above the Bank Of England’s base rate then prevailing. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after court judgment. You shall pay the interest together with the overdue amount.
We shall also be entitled to charge a one-off administration payment of £25 or 5% of the invoice value; whichever is the greater, on any overdue payment. Any additional reasonable costs incurred in the collection of such overdue payments will also be payable by you in full. These may include our debt collection and/or legal costs.
All amounts due under this agreement shall be paid in full without any deduction or withholding other than as required by law. You shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
The agreement between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
We reserve the right not to print or publish any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed or on a website designed for you. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
We accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused. By signing this agreement you agree that the price payable reflects this element (which otherwise would necessitate a higher price payable) and that accordingly you are advised to obtain appropriate insurance to cover your own risks in this matter.
We accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by us. Again you are advised to obtain your own insurance in this matter.
We accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
We shall not be liable for any loss to you arising from delay in transit caused by circumstances beyond our reasonable control. Our maximum liability to you in any event is limited to the price paid for the Products and/or Services as detailed in our quote.
If you cease to pay your debts in the ordinary course of business or prove unable to pay your debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, we, without prejudice to other remedies, shall:
(i) have the right not to proceed further with the contract or any other work for you and be entitled to charge for work already carried out (whether completed or not) and materials purchased for you, such charge to be an immediate debt due to it, and
(ii) be able to terminate this agreement with immediate effect, and
(iii) in respect of all unpaid debts due from the you, have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts, and
(iv) be able to secure your indebtedness to us to all or any of your assets as a secured creditor (for which you shall be obliged to cooperate with us in full and for which you shall execute such reasonable documentation as we may reasonably demand failing which we shall be able to execute on your behalf and at your cost all and any such documentation that secures the debt you owe us), and
(v) be indemnified fully of all debts owed by you to us jointly and severally including without limit by: you, your parent company, subsidiary, executive directors and officers of your organisation personally and partners of your partnership or LLP partnership personally.
We agree to keep your confidential information confidential. All such data recorded will be secure, and all information will be treated as confidential in accordance with the Data Protection Act 1998.
Wilburr’s office hours are 8am - 6.00pm, Monday to Friday.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
At its own expense each party shall use all reasonable endeavours to procure that any necessary third party shall promptly execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
Any notice or other communication required to be given under this agreement shall be in writing and shall be delivered personally, or sent by pre-paid first class post or recorded delivery or by commercial courier, or by email or any other electronic means to each party required to receive the notice or communication at its address as set out below:
You: The (email) address we have used in our quotation and/or Final Agreement to you.
Us: Our London office (email) address or as otherwise specified by the relevant party by notice in writing to each other party.
Any notice or other communication shall be deemed to have been duly received:
i. if delivered personally, when left at the address and for the contact referred to in this clause; or
ii. if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; or
iii. if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart.
A person who is not a party to this agreement shall not have any rights under or in connection with it.
Reviewed August 2016