Terms and Conditions

The Proposal and/or Statement of Work (including the Fee set out in the Proposal and/or Statement of Work) shall be valid for acceptance by the Client for a period of three (3) calendar months from the date that it is issued.

The Client shall be deemed to have accepted the Proposal and/or Statement of Work by either: (i) notifying the Agency in writing (which may be by email) that it has accepted the Proposal and/or Statement of Work; or (ii) otherwise notifying the Agency in writing (which may be by email) that it wishes the Agency to commence provision of the Service (including, without limitation, by issuing a purchase order in respect of the Service or any part thereof).

The Agency reserves the right to amend or withdraw the Proposal and/or Statement of Work (including the Fee quotation set out in the Proposal and/or Statement of Work) at any time until it is formally accepted by the Client. 

Under normal circumstances, up to half a day of revisions on any final animations and 7 hours of revisions on ‘people’ based films will be incorporated within the agreed project cost, provided that any revisions or amendments fall within the original agreed brief. Unless otherwise agreed, subsequent revisions or substantial re-edits beyond the scope of the agreed project will, at the discretion of the Agency, be charged at a rate of £175 to cover 1 hour of editing and project management time and £130 per hour of design and animation time, excluding VAT, although the Client would be made aware of this and asked to provide written sign off.

Rushes (master footage) are not supplied to the Client as standard. At the discretion of the Agency and/or in line with the Proposal and/or Statement of Work, rushes can be supplied for an additional minimum fee of £200 ex VAT, plus the cost of a hard drive and postage.

Master footage and/or original project files (for example Premier, After Effects, Illustrator, layered Photoshop file or HTML source files) prepared by or on behalf of the Agency during the course of providing the Services shall remain the property of the Agency, unless agreed in advance with the Client. Note that this impacts on release forms for GDPR and the client’s name will have to be released to those being interviewed.

The Fee for the supply of Services is set out within the Proposal and/or Statement of Work. The Fee is quoted exclusive of Value Added Tax (VAT). Where required by law, VAT will be chargeable in addition to the fee.

The Fee provided when quoting is based upon the anticipated time, expertise and out of pocket costs required to fully deliver upon the Proposal and/or Statement of Work. Within reason, additional charges may be payable if there are significant variations to this, although the Client would be made aware of this well in advance and would be asked to provide written sign off. We suggest the Client allowing a 10% contingency on price when considering budget to allow for potential unanticipated requirements that they may have during a project, such as additional editing needs at the post-production stage.

Out of pocket costs will be charged at cost + 15% handling charge + VAT. These costs include incentives, expenses, and postage fees.

Unless otherwise agreed, payment terms are 50% on commissioning and 50% on completion of the Project. The balance of payment will be due in full on Project completion, when the client has received the approved and final Deliverables. For ongoing contracts, hosting of video portals, or projects which have a total value of less than £3,000 excluding VAT, the payment terms will be 100% on commissioning, unless otherwise agreed.

Unless otherwise agreed, the Client shall pay all invoices in full by no later than 30 days from the date of the relevant invoice. Failure to pay within the period specified shall entitle the Agency to write to the Client upon the expiration of seven days’ notice, to charge the Client for costs and expenses incurred in recovering late payments. The Agency shall also be entitled to charge the Client interest on overdue invoices from the date when payment becomes due until the date of payment, at a rate of 8% per annum above the base rate of the Bank of England, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

In the instance where the Client appoints a third party to make the payment of fees, this arrangement must be made under the existing payment terms as agreed in the Contract.

In the event of cancellation of the agreed Services by the Client, a cancellation request must be given to the Agency in writing. However, the following charges will be applied accordingly; 50% of total Fee if up to 48 hours before any production, post production or creative work is due to start, 100% of total Fee if within 48 hours of any production, post production or creative work commencing. Any adjustments to these cancellation charges are made at the discretion of the Agency.

All fully paid budgetary amounts are considered valid for 24 months from the point of commission unless otherwise agreed. Open projects beyond this date, unless otherwise agreed, are considered complete and any remaining project budget is considered used and no longer valid.

Long running projects will have remaining budgets reviewed in line with any potential increase in operational costs at the passing of 12 months from the date of commission. This may mean remaining budgets do not cover all remaining project work and revisions to scopes of work or additional budget may be required.

The Agency reserves the rights to use any footage, trade marks, logos and related files from any completed Project in its showreels, within client meetings, and for other promotional purposes, unless otherwise agreed at the proposal stage and if requested by the client through an NDA or contract. The Agency will take all reasonable and necessary steps to ensure that such usage does not present a conflict of interest, does not include sensitive or confidential information, and is used in line with the consent of any respondents featured within the video clips.

The Agency is a Market Research Society (MRS) Company Partner and has therefore signed a quality commitment to adhere to the MRS Code of Conduct. All research-based projects conducted by the Agency shall be undertaken in compliance with the Market Research Society (MRS) Code of Conduct, which includes the requirements of the Data Protection Act 2018, GDPR, and the ICC/ESOMAR International Code of Marketing and Social Research practice.

Proposals and Statement of Works issued by the Agency contain confidential information about the Agency and the Client shall keep secret and not disclose the content of any Proposal or Statement of Work or any information or ideas, in whatever form, disclosed during or in connection with any pitching or briefing process, to any third party or otherwise make use of or derive other material from it, without the prior written consent of the Agency. The Client may not use any Proposal or Statement of Work other than for the purposes of considering its contents with a view to appointing the Agency to provide the Services set out therein.

 

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