THE BELOW TERMS AND CONDITIONS RELATE TO OUR QUOTATIONS AND INVOICES AND ALL WORK UNDERTAKEN BY DEPARTMENT TWO CREATIVE LTD. THEY ARE SUBJECT TO CHANGE AT ANY TIME. PLEASE READ THEM CAREFULLY.
TERMS AND CONDITIONS OF WORK
This page outlines the responsibilities of both parties and forms an agreement between “us” “DEPARTMENT TWO CREATIVE LTD” and you “THE CLIENT”. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. DEPARTMENT TWO CREATIVE LTD will provide THE CLIENT with a contract that mirrors these terms prior to the commencement of the agreed work.
The images, video, files, content or any other provision (henceforth referred to as material) that this quotation refers to will be provided to you by DEPARTMENT TWO CREATIVE LTD.
By accepting a quotation, you are agreeing to abide by the below terms.
1.1 An upfront payment of 20% of the total quote will be required within 7 days of accepting our quote to secure the project. The remainder is due within 7 days of the final invoice being issued.
1.2 Any travel or accommodation charges incurred in the course of the project that are not included in a quotation or are provided by THE CLIENT will be capped at £120/night for accommodation and 45p/mile for travel. All additional charges will be agreed in advance where possible. These charges will be billed to THE CLIENT and added to the final invoice.
1.3 In the event that the project runs over the agreed days/time and the reason for this is beyond the control of DEPARTMENT TWO CREATIVE LTD, additional days will be charged at the quoted day rate at a minimum of one half day. In addition to this, any unreasonable costs that are borne by DEPARTMENT TWO CREATIVE LTD, as a result of this will be added to the final invoice.
2.0 DELAYS, CANCELATIONS AND RESPONSIBILITIES
2.1 If the project is rescheduled, postponed, or cancelled; or if there is a breach of contract by THE CLIENT, the upfront free is non-refundable and shall be liquidated damages to DEPARTMENT TWO CREATIVE LTD. THE CLIENT shall also be responsible for payment for any of DEPARTMENT TWO CREATIVE LTD’s material charges incurred up to time of cancellation.
2.2 Cancellation within less than 48 hours before the commencement of agreed work will incur a charge equal to 50% of the remaining total of the accepted quotation payable within 7 days of the cancellation.
2.3 In the unlikely event the DEPARTMENT TWO CREATIVE LTD is forced to cancel a project due to an injury, illness, act of God, act of terrorism, or other cause beyond our control, we will endeavour to re-arrange the work at the earliest convenience for THE CLIENT.
2.4 THE CLIENT and DEPARTMENT TWO CREATIVE LTD agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and end will conclude no later than the agreed end time. If THE CLIENT does not arrive at the appointed time for the project, work will commence at the scheduled start time and will conclude no later than the agreed end time. All additional time beyond the scheduled end time will be billed to THE CLIENT in half day blocks.
2.5 Department Two is not responsible for compromised coverage due to causes beyond our control including but not limited to obstruction, lateness of THE CLIENT or model(s), weather conditions, schedule complications, incorrect addresses provided or restrictions of the location(s).
2.6 THE CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the DEPARTMENT TWO CREATIVE LTD will be performing services.
3.1 Once all parties are agreed the material provided DEPARTMENT TWO CREATIVE LTD is satisfactory, we will issue a final invoice.
3.2 All invoices are due within seven days of the date of issue without exception.
3.3 Payment of any outstanding amounts is to be made in full via bank transfer.
3.4 Late payments may incur an additional statutory interest charge. This will equate to The Bank of England Base Rate plus 8% in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. There may also be a recovery charge of £40 for an overdue debt less than £1,000; £70, for a debt of £1,000 or more but less than £10,000; £100, for a debt of £10,000 or more.
3.5 Payment of the invoice is confirmation that the material Department Two has provided is satisfactory and meets the original brief. Once the invoice has been paid, any additional work relating to the material will be charged at our standard daily rate at a minimum of one half day.
4.0 FILE DELIVERY
4.1 DEPARTMENT TWO CREATIVE LTD will deliver the material in the agreed timeframe indicated in the original brief. THE CLIENT will adhere to this timeframe.
4. 1 DEPARTMENT TWO CREATIVE LTD will not provide RAW format images or unedited footage. If a project requires this material and we agree to provide it, it will be at an additional cost of £100 per image or £20 per second of footage.
4.2 DEPARTMENT TWO CREATIVE LTD will abide by the agreed outputs of a project – file type, image number, film length etc. We do not ever provide access to all material captured during the process of the project.
4.3 DEPARTMENT TWO CREATIVE LTD will provide all agreed material to THE CLIENT via an online transfer service. Once the files have been transferred and THE CLIENT has confirmed receipt, the material is the responsibility of THE CLIENT. In the event THE CLIENT loses, corrupts or mishandles the files we may be able to provide them again at a cost but this is in no way a guarantee.
4.4 The determination of images delivered to THE CLIENT is left to the discretion of DEPARTMENT TWO CREATIVE LTD
5.0 IMAGE USE, LICENSES AND COPYRIGHT
5.0.1 In order for all parties to be aware of the way our work can and can’t be used, we have outlined the below for the benefit of THE CLIENT. This policy protects both us and you.
5.1 All material will forever remain the property of Department Two under copyright.
5.2 DEPARTMENT TWO CREATIVE LTD will provide a license for the reproduction of the material for the agreed purpose on payment of invoice. This will be issued at the time the invoice is paid. Separate terms and conditions apply to the license but do not supersede those laid out in this document.
5.3 You may not alter, amend, edit or change the material in any way unless you have permission to do so or if it is specified in the original briefing and/or quotation. This includes but is not limited to degrading the image quality by adding ‘filters’ or effects, resizing or deforming beyond the original proportions, degrading or destroying images by reducing file size, screenshotting or any other action which would damage the material.
5.4 You may not transfer any material to a third party unless you have permission to do so or it is specified in the original briefing and/or quotation.
5.5 You must take every possible endeavour to ensure that where the material appears in a publication, on a website or on social media it is credited appropriately to Department Two in accordance with the license provided to you at the end of the project.
5.7 If you would like to use any of the material for any other reason than originally specified in the quotation you must seek an additional license to do so from DEPARTMENT TWO CREATIVE LTD. This will incur additional charges.
5.8 The material remains the copyright of DEPARTMENT TWO CREATIVE LTD. Any unauthorised usage in contravention of the terms outlined above will be subject to a daily charge proportionate to the usage. This will be no less than £100 per day for the period the infringement has existed and continues to exist. We deploy technology that allows us to track where and how our material is used.
5.9 DEPARTMENT TWO CREATIVE LTD is no way responsible for THE CLIENT mishandling or misusing the material. Files are provided in an agreed format for an agreed use. Please ensure that you discuss your needs during the briefing phase of the project and that you understand which formats you require the material to be delivered in. Please ask if you are unsure. We are happy to provide advice during the course of the project.
5.10 If you would like to obtain the full or shared rights to the material this can be negotiated with us directly.
6.0 ADDITIONAL POINTS
6.1 DEPARTMENT TWO CREATIVE LTD does not work with other photographers, videographers or creatives on set without prior agreement.
Finally, if you have any questions about the above please contact email@example.com we will be happy to assist.
Please note: Acceptance of a quotation is agreeance of the above terms. This contract confirms that all parties are in agreeance of the above terms and agree to abide by them throughout the course of the project and by extension the terms and conditions laid out in the license provided.