TERMS & CONDITIONS
PHOTOGRAPHY, DESIGN, WEBSITE, SOCIAL MEDIA & STRATEGY
- Oomph Creative Agency (”The agency’) will provide specific design, photographic and brand consultancy services in whatever format to the prospective client or client (for the purpose of this document called “The client”) from the agreed date or dates or upon verbal instruction and/or written agreement. Any project is considered ‘live’ from the point of verbal instruction and/or written agreement between “The agency” and “The client” or the clients representative.
- All bookings made by “The client” are with the understanding that “The agency” is the exclusive official photographer retained to perform the photographic services on behalf of “The client” requested as part of the agreement which forms the contract; verbal or written.
- “The agency” will select the appropriate photographer to take the photographs specific to the photographic brief and reserves the right to substitute the photographer in the event of illness or scheduling conflicts. In the event of such a substitution “The agency” guarantees that the replacement photographer taking the photographs shall be a competent professional.
- “The client” agrees to grant “The agency” full creative and artistic license. The judgement of the “The agency” in the choice of all aspects of the session shall be deemed to be correct. Some photographs may not be possible due to the willingness of any subject, changes in weather, or any other conditions beyond our control. The number of images taken, and processed will be deemed to be correct.
Deposits, Payments & Charges
- Once “The agency” has received instruction (verbal or written) from “The client” the project is considered ‘live’ and the date/dates will be scheduled. “The agency” will raise an invoice to “The client” to initiate the project. The invoice will be for a minimum of 30% or for the full project amount. No part of the order, will be delivered until the invoice amount is received in full by “The agency” unless specifically agreed.
- All deposits/invoices are non refundable. If “The client” reschedules for any reason, a minimum of 28 days notice is required. Only if this timescale is adhered to will “The agency” be able to reschedule the pre-agreed date/dates although this may incur additional costs.
- “The agency” is unable to accept liability or responsibility if it cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of both parties, or due to illness or emergency. Exact results of a photographic shoot and the images can never be guaranteed due to various factors out of our control.
- In the extremely rare case of equipment failure the liability of “The agency” is relative to the contract value. Any return of deposit made to “The client” will always be relevant to the value or part value of the project. “The agency” cannot be held liable for perceived value.“The agency” shall not be liable for any amount in excess of the Client’s order.
- The balance of any payment is required either prior to the day of the planned photographic shoot/event, or prior to the release of the edited images. The failure of “The client” to adhere to any part of this may result in “The agency” cancelling the scheduled photographic shoot/event. “The client” will still be fully liable for the full cost of the project (see Project, event and/or photographic shoot cancellation).
- “The client” is aware that colour dyes and jpgs deteriorate over time due to the inherent qualities of current technology and “The client” releases “The agency” from any liability for any claims whatsoever based upon deterioration/fading/discolouration due to inherent technology.
- The charges in this contract are based on the standard pricelist of “The agency”. This price list is adjusted periodically in line with inflation or the increased cost of material and future orders/agreements shall be charged at the prices in effect at the time when the order is placed.
- The contract incorporates the entire understanding of the parties, any modifications of the contract must be in writing and signed by both parties. Any amendments, changes or additional requirements made after the project has been outlined and confirmed will incur a minimum half day charge. One revision of reasonable amendments at the total discretion of “The agency” is included as standard. Further amendments or further work or additional image editing or photoshop work deemed unreasonable by “The agency” will be charged to “The client” at an hourly rate and quoted for with a requested sign off before further work is carried out regardless of the nature of the further requested amendments.
- Should “The client” wish to purchase further photographic images, not included in the agreed proposal from “The agency”, taken during the same session, “The agency” will create a private viewing opportunity in person or via a secure web server after the photographic images have been edited.
Project, event & photographic shoot cancellation
- “The client” will be completely liable for the full payment of the project, event and/or photogrpahic shoot if they cancel once the date or dates have been agreed and scheduled with “The agency” verbally or in writing either prior to or following the deposit being paid.
Design & Image licensing
- Basic image editing is included in all of the options to ensure that the images are of a professional standard and meet the brief in full. Images released by “The agency” are deemed to be both technically correct and of a fair representation of the subject. All photographic images will be provided to “The client” as RGB high-resolution JPG files for digital display purposes and/or CMYK high-resolution JPG images for printing purposes. Photographic images will be uploaded within a 7 to 10 day time frame to an agreed cloud based secure folder.
- Under UK Law ownership of the photographic images will always remain with “The agency”. The agreement between “The agency” and “The client” permits a shared copyright agreement allowing “The client” to use the images delivered by “The agency” in any manner they please as long as proper credit is given to “The agency” in publication. The Image rights license is granted only to “The client” for the sole use of “The client”. The images may not be sold on to any other individual and/or company and/or entity not expressly detailed in the terms and conditions.
- Only upon the point of full and final settlement will the design copyright transfer in full to the client.
- Images and designs released by “The agency” are deemed to be technically correct.
- All concepts, designs and strategies created by “The agency” in any format on behalf of “The client” remains the intellectual property of and copyright of “The agency” until the final payment has been received in full in cleared funds and the project has been signed off.
Concepts, Designs & Intellectual Property
- “The agency” will provide specific design, photographic and brand consultancy to “The client”. This will include one or multiple aspects of our multi-faceted agency offering from; company name creation, design concept creation, product photography, event photography, stock imagery creation, digital design, print design, business strategy and/or brand strategy consultancy services.
- All work undertaken by “The agency” for “The client” will be competed with the utmost professionalism, discretion and confidentiality, at all times. All products, creative ideas and concepts used by “The agency” when pitching to “The client” remain the intellectual property of “The agency” whether “The client” selects “The agency” as its supplier or not. Use of the aforementioned by “The client” in whatever format, must be approved by “The agency”.
- Use of any aspect of the presented design, strategy, images and names created which are contained within the pitch to “The client” without full written permission from “The agency” will be deemed a breach intellectual copyright and will incur an immediate charge to the full value of the specific project.
- All strategy creation and/or design concepts and/or physical design files remain the intellectual property of Oomph Creative Agency at all times. If a client requests the physical design files then Oomph Creative Agency can decline to provide the files and/or will charge for their release. The value of the release clause will depend on the value of the project to date and calculated loss going forward.
- Our charges for design, photography, social media and strategy are clear. Our fee structure is broken down into a set fee for the first hour, then calculated on a per hour basis thereafter. Half day is 4 hours. Full day is 7 hours. This may alter if more than 1 member of the team is required to carry out any part of the project; design process, design consultancy, art direction, photographic shoot, filming days, post production and/or editing work.
- The fee structure is based on a ‘general project’ basis, however, this is subject to change should “The client” require a bespoke solution.
- All proposals provided to the client will have taken our structure into consideration.
- Discounts offered by Oomph Creative Agency will not affect or impact on the fee structure.
- Any work carried out by Oomph Creative Agency once acceptance of a project has been received (verbal or written) will be charged accordingly as per our fee structure.
Design and media plans
- Proposals and quotations provided by “The agency”, presented to and accepted by “The client” which include a strategy and/or plan covering; design or photography or website or social media or business development, which is agreed to cover a set period of time, must be carried out over the full allotted time period stated in the accepted proposal.
- Any continuation of the agreed support (as per above), beyond the allotted time period, will create a new agreement under the terms and conditions of the “The agency” unless otherwise stated by “The agency”.
- Should “The client” wish to terminate the agreement with “The agency” prior to the end of the agreed time period, for any reason, the agreed proposal value must be paid by “The client” in full. The termination will then be acknowledged and activated in a professional manner.
- For design and/or media plans that are for a minimum 6 month period, “The client” is clear that they will be required to provide “The agency” with a minimum of 1 full months’ notice from the final day of the month that notice was given, to terminate the agreement, upon the completion of the initial 6 month period.
- For design and/or media plans that are for 12 months, or extend past the minimum time period of 6 months, “The agency” requires a minimum of 2 full months’ notice from the final day of the month that notice was given, to terminate the agreement upon the completion of the initial 12 month period.
- Upon the conclusion or termination of any project and/or plan “The agency” will assist with an effective handover, to include; the transfer of data, design and photographic files. Project handover, the transfer of data, design and photographic files will be charged as per our fee structure to bring all elements of the project/s to conclusion. “The agency” will provide an effective handover schedule with a clearly defined stepped process.
Data storage and transfer
- All photographic images are provided to “The client” in various means. “The agency” uses third party secure software to share and store photographic images, linked to “The agencies” website client area. From time to time “The agency” will transfer large files via a secure website source.
- “The agency” encourages “The Client” to back up all types of digital media provided by “The agency” to a USB or DVD or External hard drive or Hard drive or cloud based service. “The agency” cannot be held responsible for disc failure or loss of files by “The Client” or by “The agency”.
- Requesting “The agency” to provide files for a second time or repeated requests for files to be resent will incur costs as per our fee structure.
- Proposals and quotations provided by “The agency” does not include any printed images. The images produced are protected by law and each file is encrypted with a copyright protection code. All images remain the copyright of “The agency”.
- Proposals and quotations provided by “The agency” does not include any printing or programming costs unless specifically stated. All forms of design produced for “The client” by “The agency” are protected by law and the intellectual property of, and are copyrighted to “The agency” until the specific project sign off and final payment has been received.
- The payment terms of “The agency” are as stipulated within the quotation and/or on invoices raised.
- If the payment terms are not adhered to and require “The agency” to chase for payment, then “The agency” reserves the right to charge “The client” an account administration charge of £100.00.
- If “The agency” invoice remains outstanding for 14 days after the clearly stated ‘invoice due date’ then”The agency” will charge £10.00 per day until the invoice is paid in full. This charge will remain in action for every day the invoice remains unpaid. “The agency” take bad debt seriously – all debts will be followed up with court action.
- “The client” shall ensure the safekeeping of equipment of “The agency” while undertaking any works on the premises of, or on the chosen location of, or at the chosen venue of “The client”. “The client” agrees to replace any equipment damaged on location due to the nature of the photographic shoot, or the invited guests at the event, or the irresponsible actions of the event guests or stakeholders of “The client”.
- “The agency” does not expect “The client” to take responsibility for lost or damged equipment on any occasion where “The agency” is at fault.
- The Terms & Conditions are subject to UK law.
- These Terms & Conditions supersede all previous agreements.