General terms of service.
Oomph Creative LLP (”The agency”) will provide specific creative services to include photography, videography, content creation, creative solutions, strategy and consultancy, in whatever format required to the client (“The client”) from the agreed date 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 creative agency retained to perform the specific services on behalf of “The client” requested as part of the agreement which forms the contract; verbal or written.
Where possible “The agency”will provide effective support and guidance when carrying out one or more of its services. No advice will ever be given. All decisions will be made by “The client”, who is ultimately responsible for all decisions made throughout the project.
“The agency” will act in the best interest of “The client” at all times when carrying out our services, and will select the appropriate photographer and/or videographer specific to the agreed brief. “The agency” reserves the right to substitute the photographer and/or videographer in the event of illness or scheduling conflicts. In the event of such a substitution “The agency” guarantees that the replacement photographer and/or videographer taking the photographs and/or video shall be a competent professional.
“The client” agrees to grant “The agency” full creative and artistic licence. 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.
DEFINITIONS
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. Usually the project initiation invoice will be for a minimum of 50%. However, “The agency” may invoice for the full project amount. No part of the order, will be delivered until the project initiation 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 21 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, photography and/or video 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. See section entitled revisions.
Should “The client” wish to purchase further services not included in the agreed proposal from “The agency”, the client must request this in writing and a separate will be created for those services.
Timescales and revisions may be affected if additional services are requested.
“The client” will be completely liable for the full payment of the project, event, photography and/or video 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.
DEPOSITS, PAYMENTS & CHARGES
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. CMYK high-resolution JPG images can be supplied for printing purposes if requested within the brief. 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 licence 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 of “The agency” invoice will the design copyright, image rights and image usage agreement between “The agency” and “The client” will be permitted.
Images and designs released by “The agency” are deemed to be technically correct.
All concepts, images, footage, 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 agreed as complete and/or signed off.
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 property and/or copyright. This 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 rand/or images and/or video files remain the intellectual property of Oomph Creative Agency at all times. If a client requests the physical design/image/video 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.
DESIGN & IMAGE LICENSING
Each individual project has a single revision built in as standard. Unless a further revision or revisions (2nd or 3rd) has been agreed at the project outset, additional costs will be charged to cover additional time taken. These additional revisions will not be carried out until agreed in full.
EDITS & REVISIONS
All photographic images, video and design files are provided to “The client” in various means. “The agency” uses third party secure cloud based software to store and share these files. From time to time “The agency” will transfer large files via the same secure cloud based source.
“The agency” encourages “The Client” to back up all types of digital media provided by “The agency” to an External hard drive or cloud based service. “The agency” cannot be held responsible for corrupted files 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 may incur additional administration costs.
DESIGN & IMAGE LICENSING
Project proposals and quotations provided by “The agency” do not include any design printing, or programming, or printed images. All forms of design, photography and moving images produced for “The client” by “The agency” 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 our legal terms of engagement. These terms are stipulated within the proposal, quotation, project agreement and are on all 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 £150.00. This charge will be incurred every time “The agency” has to chase outstanding accounts.
“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 agency” does not expect “The client” to take responsibility for lost or damaged 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.
GENERAL