Terms and Conditions

These terms and conditions (the “Terms”) tell you how you may use www.productionguild.com/productionaccounting (the “Site”) to access and view the Site’s content, so please read them carefully.  Using the Site constitutes acceptance of these Terms.  If you do not agree to these Terms, you must not use this Site.  Please also read the Privacy Policy which explains how the Site uses any information about you.  The Privacy  Policy forms part of the Terms.  If there is any inconsistency between the Privacy Policy and the Terms, the Terms will prevail.

1. Information about us

The Production Accounting Forum (“the PAF”) is a non-profit partnership initially funded by Creative Skillset, CIMA, Sargent-Disc, Grant Thornton, Film Finances, TPH, Moneypenny, ITV, Channel 5. The Forum has representatives from the following: BBC, ITV, Channel 4, Channel 5, Sky, Tiger Aspect, Kudos, Darlow Smithson, The Production Guild, TPH Global Ltd and freelance Production Accountants.  You can contact us at info@productionaccountingforum.co.uk 

 

2. Use of the Site

2.1   You may use the Site if you comply with these Terms and with all relevant laws and regulations.

2.2   You may use the Site’s content (including the metadata application and technical standards) for commercial purposes provided such use is in compliance with these Terms, and in particular Clause 3.

2.3   You may not disrupt or try to disrupt the Site.  You agree not to use the Site to distribute software viruses or other harmful programs, or use the Site to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to the Site by others.

3. Intellectual Property

All materials (including without limitation, all designs, text, graphics and their selection and arrangement) relating to this Site and its content are subject to copyright, design rights and trademarks of PAF.  Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the partners of the PAF.  Third parties may not pass off the metadata application, the metadata standards, the technical standards or any other content of this Site as their own.

4. The Site and its content

By making the Site available to you, PAF does not guarantee that all of its content and/or the Site will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.  PAF reserves the right to modify, suspend or discontinue all or part of any of the Site or any part of its content without giving you any notice.  Any information included in the Site’s content is not intended to amount to exclusive advice on which you should rely. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site.  You should use your own virus protection software.

5. Non-endorsement

5.1   PAF does not endorse any third party products, systems or services and this Site’s content does not in any way amount to an endorsement of such products, systems or services.

6. Third Party Services (Twitter, LinkedIn, etc.)

6.1   PAF does not guarantee, warrant or represent (whether express of implied) that use of third party websites through embedded share buttons, plugins or links on the Site and/or otherwise (the “Third Party Services”) will always be available or be uninterrupted, function properly or timely, be secure or be free from bugs, viruses, errors or omissions.

6.2   PAF does not accept any responsibility or liability for making Third Party Services available.  By using the Third Party Services you accept all risks and acknowledge that PAF cannot be held responsible for your use of such services and cannot be liable for any direct, indirect or consequential loss or damage which you may suffer as a result of or connected with the use of such Third Party Services.

6.3   To the extent that you use the Third Party Services, you may only do so in accordance with these Terms.  You are also advised to ensure that you have read and understood the terms of use adopted by the relevant Third Party Service.

7. Linking to our Site

7.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

7.2  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7.3  We reserve the right to withdraw linking permission without notice.

8. Limitation of Liability

Nothing in these Terms excludes or limits either our or your liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.  To the extent permitted by law, PAF excludes all conditions, warranties, representations or other terms which may apply to the Site or its content, whether express or implied.   Under no circumstances will PAF be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise):

  • loss of data;
  • loss of revenue or anticipated profits;
  • loss of business;
  • loss of opportunity;
  • loss of goodwill or injury to reputation; or
  • losses suffered by third parties.

9. What other general Terms apply?

9.1   If PAF decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

9.2   If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

9.3   You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.

9.4   Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of England and Wales and proceedings in connection with the Terms shall be brought in the courts of England and Wales.

Thank you for visiting our Site.

 

APPENDIX – Production Accounting Forum Constitution

 

1.         Name

The name of the group shall be Production Accounting Forum

2.         Aim

To create a network of production, finance and industry professionals who share knowledge and experience, and to promote best practice across the film and tv industry.

3.         Objectives

The group will fulfil the aim by:

*  Promoting the Best Practice Guide website

*  Maintain the Best Practice Guide website and update the content on a quarterly basis

*  Maintain the Linkedin Group, encouraging and monitoring discussions within the group

* Manage ad hoc projects to promote best practice

* To raise funds and receive contributions where appropriate to finance the work.

* Make rules and standing orders for operation of the Forum

* Organise meetings, training courses and events.

*  Work with similar groups and exchange information and advice with them.

*  Take any action that is lawful, which would help it to fulfil its aims.

4.         Membership

There is no membership of the forum. It is open to any interested party to take part in committee meetings.

5.         Management

(a)        Production Accounting Forum shall be administered by a Committee of not less than three (3) elected officers at the group’s Annual General Meeting.

(b)        The officers of the Committee shall be:

  • The Chairperson
  • The Treasurer
  • The Secretary

and such other officers the group shall deem necessary at the meeting.

The current committee consists of: Alison Small, Debbie Somerville, Nigel Wood, Lucy Drake, Ali Moshref, Debbie Holgate, Kirsty Higginbottom, Steve Johnson, Sarah Burrows, Joanne Bennett, Trevor Stanley, Leighann Acuta, Lorna Dickens, Jane Gant, Jo Hunter, Jamie Mayers.  Anyone wishing to join the committee should make this known to the current committee who will then put this to the vote of the current committee.

(c)        Persons can leave the committee by notifying the Chairperson.

(d)        Professional conduct and confidentiality is expected from persons participating in the Forum.  If a person acts in a manner that is considered to bring the committee into disrepute, they can be prevented from participating in the forum by a majority vote of the committee.

(e)        The Committee shall meet at least twice a year.

(f)        At least three (3) Committee members, including at least two (2) officers, must be present for the Committee meeting to take place.

(g)        Voting at Committee meetings shall be by show of hands on a majority basis.  If there is a tied vote then the chairperson shall have a second vote.

(h)        Decisions required between meetings will be communicated by email.  Five (5) working days will be given to respond to decision.  Non response will be considered acceptance of the item.

(i)         Power to set up sub-groups and working parties as deemed necessary who shall be accountable to the committee.

(j)         Dates of committee meetings will be announced via Production Accounting Forum LinkedIn page.  There shall be at least seven (7) days’ notice of a meeting unless it is deemed an emergency meeting.

(k)        Attendance at committee meetings is available to any interested parties, provided attendance is acknowledged to the Chairperson by a date specified on the LinkedIn page.

(l)         The committee specifically authorises the officers (or any individuals nominated by the officers) to enter contracts and set up and administer bank accounts on behalf of the committee.

(m)      The committee indemnify from the officers (and any such authorised individuals) in respect of any liability arising in connection with the good faith performance of their services on behalf of the Forum.

 

6.         Finance

(a)        Any money obtained by the Forum shall be used only for the Forum and its projects.

(b)        Any bank accounts opened for the Forum shall be in the name of the Forum.

(c)        Any cheque issued shall be signed by at least two of any three nominated signatures.

(d)        The signatories have authority to make payments upto £500.  Amounts over £500 must be approved by the committee following the rules set out in 5(e) or 5 (f).

(e)        The Committee will ensure that the group stays within the budget.

7.         Annual General Meeting

(a)        Production Accounting Forum shall hold an Annual General Meeting (AGM) at no more than 15 month intervals.

(b)        Notice will be deemed served by posting on the Production Accounting Forum LinkedIn page, giving at least 14 days’ notice of the AGM.

(c)        The business of the AGM shall include:

*  Receiving a report from the Chairperson of the group’s activities over the year.

*  Receiving a report and presentation of the last financial year’s accounts from the Treasurer on the finances of the group.

*  Electing the officers of the committee, the current officers are eligible for re-election.

*  Considering any other matter as may be appropriate at such a meeting.

(d)        The quorum for Annual General Meeting shall be at least four (4) persons, include two (2) officers.

8.         Alteration of the Constitution

(a)        Proposals for amendments to this constitution or dissolution (see Clause 9) must be delivered to the secretary in writing.  The secretary in conjunction with all other officers shall then decide on the date of a forum meeting to discuss such proposals, giving at least four weeks (28 days) clear notice.

(b)        Any changes to this constitution must be agreed by at least two thirds of those members present and voting at any general meeting.

9.         Dissolution

The Forum may be wound up at any time if agreed by two thirds of committee members present and voting at any general meeting.  Any assets shall be returned to their providers, if they require it, or shall be passed to another group with similar aims.