- TERMS AND CONDITIONS OF MEMBERSHIP
- 1. The production company (the Company) agrees to be governed by these terms and conditions of membership and the Memorandum of Association and Articles of Association of Screen Producers Ireland (SPI) as same may be amended from time to time. It is the Company’s responsibility to fully acquaint itself with these terms and conditions.
- 2. Subject to its full compliance with these terms and conditions of membership the Company shall be entitled to avail of the services and resources made available by SPI from time to time.
- 3. Membership is valid from January to December.
- 4. Membership is personal to a SPI member and is not transferable and shall not be transferred except with the prior written permission of SPI.
- 5. SPI reserves the right to refuse any application for membership at its sole discretion without reason.
- 6. The Company acknowledges that SPI is and shall be the sole industry body with responsibility for representing the interests of the Company in its capacity as a production company engaged in the production of films and television programmes (whether produced as live action, animation or in any other form).
- 7. The Company agrees to comply with the terms of any collective agreements or bargains with trade unions representing individuals working in feature film and television production entered into by SPI which have been approved by the members of SPI at a general meeting.
- 8. The Company hereby confirms and undertakes that a company which is either its subsidiary or its holding company or a subsidiary of its holding company (as such terms are defined in Section 155 of the Companies Act 1963) or is controlled by a director of the Company (within the meaning set out in Section 26 of the Companies Act 1990) and which is engaged in film and/or television production in the Republic of Ireland or Northern Ireland (an Associated Company) will be bound by these terms and conditions of membership, all existing and future collective agreements or bargains and any other rules or agreements applicable to SPI members.
- 9. The Company acknowledges that Raidió Teilifís Éireann (RTÉ) shall on the Company’s behalf pay to SPI a certain amount of the budgeted cost of any RTÉ commissioned programme produced or co-produced by the Company and/or any Associated Company. This amount shall be calculated in accordance with the payment structure agreed between SPI and RTÉ (as may be revised from time to time) and shall be separate from and additional to any production finance provided by RTÉ in relation to such programme.
- 10. If the company and/or any Associated Company produces a film or television production (whether live action, animation or in any other form) including documentaries (with the exception of projects funded by RTÉ and/or TG4 in which case the RTÉ and TG4 production levies will apply) which has obtained production funding from the Irish Film Board and/or the Broadcasting Commission of Ireland’s ‘Sound & Vision’ fund and/or which has received certification pursuant to Section 481 of the Taxes Consolidation Act 1997 (as amended) the Company shall on or before the first day of principle photography or first animation drawings, as applicable, pay to SPI a levy amount equivalent to 0.25% of the S481 eligible spend or the total Irish spend with a cap of €20k per project and a discount of 65% for Animation projects.
- 11. Membership fees and production levies will be reviewed on a regular basis. SPI reserves the right to increase membership fees and production levies as required. SPI will use best endeavours to provide SPI members with as much notice as possible of any fee and/or levy increases.
- 12. SPI reserves the right at its absolute discretion to suspend for any period of time or cancel membership and all associated benefits if the SPI board of directors determines that a member has engaged in conduct deemed by the board to be detrimental to the character, values and/or safety of SPI or its members or has breached any of these terms and conditions or has defaulted on SPI membership payments or production levies.
- 13. Any personal information held by SPI in relation to a member will be subject to the provisions of the Data Protection Acts 1988 to 2003.
- 14. Except as required by law, SPI shall not have any liability to a SPI member in respect of any failure to carry out or delay in carrying out any of its obligations under these terms and conditions. SPI does not give any representations or warranties in relation to any matter relating to the membership of SPI and accepts no liability in relation thereto.
- 15. SPI reserves the right to alter, vary or amend these terms and conditions of membership and shall notify members of any such alteration, variation or amendment in such manner as SPI deems appropriate.
TERMS OF PAYMENT
1. Membership of SPI is subject to receipt by SPI of the correct membership fee.
2. Membership is valid from January to December (If you join during the calendar year you will receive a proportionate discount on your membership fee for the following year).
3. It is the Company’s responsibility to fully acquaint itself with these terms and conditions.
4. All membership fee payments should be made in Euro.
5. Membership fees are non-refundable under any circumstance. The Company acknowledges that it is aware that it is applying for annual membership of SPI and therefore should it choose to terminate the membership during the calendar year following purchase it will not be entitled to a refund.
6. In order to purchase membership the Company may be required to supply credit card or debit card details. The Company must supply details of a credit card or debit card validly and legally held by the Company or an officer or employee of the Company. Credit cards and debit cards may be subject to validation checks and authorisation by the card issuer. If the issuer of the credit card or debit card refuses to authorise payment SPI will be unable to accept the Company’s membership application.
7. In the event that sufficient funds are not available through the Company’s credit card or debit card to complete a membership payment then such payment shall be null and void. This applies equally in circumstances where the Company’s credit card or debit card has passed its expiry date.
The Member shall not hold SPI responsible for banking charges incurred due to a payment failing on the Company’s bank account or credit card or debit card.
SPI reserves the right to refuse a membership application if the details entered by the Company in the payment process do not meet the requirements as set by SPI from time to time.
8. In the unlikely event that the Company purchases membership and SPI subsequently fails, refuses or inadvertently neglects to provide the Company with membership no liability shall attach to SPI.
9. Once payment has been made, the Company will receive an automated email from SPI confirming membership has been activated or renewed, as applicable. A member of SPI will subsequently supply the Company with a membership pack. SPI accepts no liability or responsibility for any membership pack that is lost or delayed in the process of delivery.
10. Once the Company has been confirmed as a member of SPI, a profile of the Company containing a company description and contact information will be published on the SPI website. SPI agrees to ensure that each member has full control over the information displayed on its company profile and may therefore request SPI to amend or update that profile from time to time.
11. SPI uses its best endeavours to ensure that the information as supplied to the Company in the payment process is accurate and up to date. However, no liability shall attach to SPI, its servants or its agents in the event that any of the information supplied in the payment process is incorrect or inaccurate in any way.
12. If any of the provisions of these terms and conditions is found by a court or other competent authority to be void or unenforceable, such provision shall be deemed to be deleted from the terms and conditions and the remaining provisions of the terms and conditions shall continue in full force and effect.
13. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland, and the member hereby submits to the non-exclusive jurisdiction of the Irish courts to settle any disputes in relation to the matters set out herein.