TERMS AND CONDITIONS
1. CONTRACT: THE LEGAL BIT
The word ‘contract’ can have negative connotations, but it’s just an agreement that outlines and sets expectations between two or more parties. Our hope for any contract is that it gets read, understood and then put in a draw; never to be seen again. If each party understands what’s expected of them and what they should expect in return, there should never be a need for disagreement.
We could use legal-sounding phrases and complex sentences, void of any punctuation – but we’re not convinced that serves anyone’s purposes so instead we have our contracts set out in common words that we can all get our heads around.
Having said that, some of the things that you and Global Fire Productions will be discussing may feel quite abstract, so if there’s anything in this contract that you’re not sure of or want clarified please email firstname.lastname@example.org for a little more discussing or clarification on definitions.
2. SUMMARY: AN OVERVIEW
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
WHAT DO BOTH PARTIES AGREE TO DO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
3. DETAILS: GETTING DOWN TO THE NITTY GRITTY
To make a successful video we need a detailed brief from your company or organisation. Once we have a brief we’ll give you a quote based on this which is what we will stick to. The contract includes one main edit plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the video at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further video edits at the daily rate set out in our original estimate.
We will create designs for the look-and-feel, layout and functionality of your digital product. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our current hourly rate for copy writing or content input.
PHOTOGRAPHS AND OTHER REQUIRED MEDIA
You will supply us photographs or other media in either in a digital format. If you choose to buy stock media we can suggest vendors. Any time we spend searching for appropriate media will be charged at our current hourly rate.
CHANGES AND REVISIONS
The estimate/quotation prices we’ve provided you are based on the number of days that we, in our vast experience, estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, footage or make multiple versions, that won’t be a problem. Any new goalposts will carry their own fees and so you will be notified if we begin creeping outside of the original plan and new quotes may need to be raised. Along the way we might ask you to put requests in writing so we can keep track of changes.
There are two times in the process where we will ask you to sign off our work for you. The first is when we deliver designs and the proposal for the project, and the second is on completion of the project.
These are really important milestones in the project and it’s important that you have no unanswered questions before we proceed. By paying any invoices attached to the project, you agree that the previous section of the project is complete and, in the case of the designs and the proposal, that this accurately describes what you require from your video in both design and content. Changes after either sign off will incur further charges.
You will have opportunities to provide feedback along the way. Most clients are keen and projects stay on track. However, in the case that communications stop and a client falls off the face of the earth for longer than 8 weeks from any point when feedback is requested, the project will be invoiced against any existing POs, marked as dormant and archived. New quotes will need to be raised in order to pick it up again.
With regards to videos, we can’t guarantee that all devices, individual players and personal computers will perform error free and cannot be held responsible for this. We will always ensure to assist you with the testing of videos. We can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this video, even if you have advised us of the possibilities of such damages.
We cannot guarantee that your project will run on any hardware or software that was not current at the beginning of the project.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of video, text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by yourselves, or that you have permission to use them.
We own all visual elements that we create for projects. Any source files, footage, assets created by us remain in our copyrights. Raw footage can be licensed for a fee, however this is decided on a case-by-case basis.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
- 30% at design and the proposal sign off
- 70% on completion
Payments are non-refundable and we operate standard 30day term for payments unless otherwise stated on your invoice. Late payments risk incurring a charge of 8% over base-rate interest (APR) of the defaulted invoice plus an administration fee equal to one hour at our current hourly rate for each defaulted invoice in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. In the event that we resort to formal legal channels to chase an unpaid invoice, you are liable for all legal costs incurred by the process regardless of outcome.
BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts. Oh and don’t forget those men with big dogs.
We reserve the right to amend and update our terms without directly informing you.
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