Terms & Conditions
- In these Terms and Conditions the words ‘UK Creative Grid Ltd’, ‘Creative Grid’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to UK Creative Grid Ltd, a UK registered limited liability company number 04890499 with registered address at 86-90 Paul Street, London EC2A 4NE.
- Client, Customer and User, hereafter referred to as ‘Client’ as well as the words ‘you’, ‘your’ and ‘yours’ refer to the party and any person or organisation acting on their behalf who engages Creative Grid to carry out work to produce the Service or visits Creative Grid websites.
- Project, Production, Goods, Content, Service hereafter referred to as ‘Service’ refers to the end product, video, article, podcast, tv episode or other product or service which is produced by Creative Grid.
- Contract, Quote, Estimate, Quotation, Proposal and Agreement, hereafter referred to as ‘Agreement’, refer to the agreement between Creative Grid and the Client in the form of an email or acceptance of an emailed quote by confirming a Project, or a written brief which outlines the scope of the commissioned work.
- Third Party refers to any company, organisation or person not affiliated with or controlled by Creative Grid or the Client.
- Footage means the raw camera files from a filming day.
2. General Terms
- These Terms and Conditions apply to all photographic, video and associated audio products created by Creative Grid, including all moving and still images and sound recordings of whatever form.
- By confirming a project via email the Client agrees that they understand, accept and agree to be bound by these Terms and Conditions in full.
- These Terms, together with the Quotation constitute the entire Agreement between Creative Grid and the Client, unless otherwise varied by mutual consent in written form. If no Quotation has been provided, these terms alone constitute the entire agreement between Creative Grid and the Client.
- All Quotations are valid for twenty-eight (28) days from issue unless otherwise stated
- Creative Grid will start the Project after the Client has accepted the Quotation via email.
- By accepting the Quotation, the Client agrees to the scope and pricing outlined in the Quotation and these Terms and Conditions in full.
- If a Project requires additional outputs, or a change in the content described in the Quotation, this is treated as a contract change and must be confirmed by the Client. At this stage Creative Grid will advise of any additional costs.
- Creative Grid will not commence work on the Project until the Client has confirmed acceptance of the Quotation via email.
4. Costs and Expenses
- The Quotation provided by Creative Grid is an estimate of costs. Sometimes additional expenses are incurred. Whilst we make every effort to keep within the Quotation items like travel and subsistence can vary, especially when booked a few days before a video shoot or when extra equipment is required.
- Costs will be dependent on the resources required including time spent by the Creative Grid team and production crew on pre-production, production and post-production.
- Changes to editing requirements from the original brief or agreed Quotation may result in additional charges. Creative Grid will inform the Client if this is the case.
- Our Quotation includes up to two rounds of changes to an edited video as standard unless otherwise agreed. Further changes will normally incur more cost.
- Unless otherwise specified our quotations exclude VAT (Value Added Tax)
- Creative Grid reserves the right to charge for any ongoing and additional work which is beyond the scope of the Quotation.
5. Payment Terms
- Unless agreed otherwise in writing, Creative Grid requires 50% of the costs outlined in the Quotation or agreed otherwise as a deposit.
- This must be paid upon acceptance of the Quotation before the Project commences.
- Unless otherwise agreed in writing the remaining 50% of the Service cost shall be payable on delivery of the first draft of the Project.
- Unless otherwise agreed in writing the due date for payment of Creative Grid invoices is 14 days after the invoice date.
- We do not accept cheques. Please use bank / wire transfer. Our banking details are on the invoice. We accept payment in multiple currencies including £ GBP, € Euro and $ USD. Any banking or currency transfer charges are the responsibility of the Client. Please ensure that our invoice(s) are paid in full.
- If there is any unused budget that has already been invoiced for and paid we will roll that into future work projects as a credit against future costs. We do not issue refunds.
- We reserve the right to charge a late payment fee and interest at 8% plus the current Bank of England base rate if the Client does not pay our Invoices on the Invoice due date in accordance with the United Kingdom’s Late Payments of Commercial Debts (Interest) Act 1998. This is normally 30 days after the invoice date.
- If the Project has been confirmed and is then postponed or canceled the Client agrees to pay Creative Grid 50% of the Quotation fee.
- Any expenses incurred up until that time, such as pre-production time, booked flights, train travel and accommodation will also be charged to the Client if they are not already specified and covered within the Quotation.
- Creative Grid reserves the right to cancel or terminate a contract if:
- The Client becomes insolvent or subject to bankruptcy proceedings
- The client fails to pay another invoice owing to Creative Grid on time.
- The reputation of Creative Grid or anyone connected with Creative Grid could be damaged.
- The Client or any organisation affiliated with the Client treat our staff in a manner we consider to be threatening, abusive or harmful in any way.
7. Workflow & Service
- Any Quotation requiring Creative Grid to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the Clients will make themselves reasonably available to communicate with Creative Grid, it’s servants or agents, as necessary and will uphold any turnaround times needed to review pre-production documents and edits which are agreed at the outset.
- The Client agrees to provide Creative Grid with a minimum of 7 days notice for filming.
- The Client agrees to provide Creative Grid with a schedule of the filming day(s) at least 7 days prior to the event so that the Creative Grid crew can plan their equipment and scheduling effectively. If this is not provided Creative Grid cannot be held responsible for not filming things that the Client wanted on the filming day.
- A standard filming day is a maximum of 8 hours of crew time. This includes travel time to and from the location. Where additional hours working on required, these must be agreed between the Client and Creative Grid and a fee agreed.
- A half filming day is a maximum of 4 hours of crew time including travel
- A long filming day is a maximum of 12 hours of crew time including travel
- It is at the discretion of the Creative Grid producer to decide which is best for your production in accordance with the Client brief.
- Where appropriate we recommend overnight stays to bring the crew and equipment nearer to the shoot location for the filming day.
- Where a travel day is required to get to a filming location. This is charged at 50% of the normal rate for the Creative Grid crew member.
- Any unforeseen additional filming time which is not Creative Grid’s responsibility (overtime) will be charged at a multiple of 1.5x the normal Creative Grid crew member’s daily rate pro rata per hour.
- A Creative Grid Quotation will clearly explain the estimated equipment costs including what is included in the camera operator’s standard day rate.
- Unless otherwise agreed in writing, the Client accepts Creative Grid’s decisions on creativity within the Project.
- Creative Grid reserve the right to assign or subcontract any or all of the rights and oblivations under these terms and conditions without the Client’s further consent.
- Unless otherwise specified, videos will be produced with technical specifications suitable for online distribution via websites and video platforms including YouTube and LinkedIn. If you have specific distribution requirements, such as plans to distribute on Netflix, or a cinema premiere, please make Creative Grid aware of this at the outset of the project.
8. Health & Safety and Insurance
- Creative Grid has Worldwide insurance for Public Liability up to £2 Million and Employee Liability of £5 Million. Our documents are available on request.
- The Client agrees to indemnify Creative Grid for any claims arising from neglience on a Client site or at a location that they have arranged, including but not limited to events, festivals or office locations.
- The Client is responsible for the Creative Grid crew’s safety at their premises or at a location they have arranged to film at. The Client agrees that they have a duty of care to the Creative Grid crew.
- If the Creative Grid crew consider a location to be too dangerous to film the Client agrees to accept this decision and to re-arrange the video shoot and or filming location. The decision will be made by the Creative Grid producer.
- From time-to-time, particularly for aerial work (drones etc), the weather may postpone or prevent filming. This may lead to an increase in costs or cancelation of the filming day.
- It is a good idea to do a site visit before a filming day. The Client agrees to arrange this with Creative Grid where appropriate. Where a site visit is not arranged which then leads to an increase in costs on the filming day due to unforeseen issues the Client agrees to accept full responsiblity for any changes to the planned schedule and costs.
- The quotation states the number of amendments to the Product of Service. For the avoidance of doubt if a number is not stated Creative Grid will make two rounds of changes before advising on additional charges to the Client.
- Amendments are changes within the scope of the original Quotation. Any work deemed outside that scope will be chargeable in addition to the price stated in the Quotation.
- After a stage in the production of the service has been signed off, Creative Grid will move on to the next stage of the production. Any changes to the previous stage afer a sign-off by the Client will be chargeable.
- Voiceovers are normally priced per word. Changes to a voiceover recording incur additional costs and are not included in our amendment policy.
- The Service shall be delivered to the Client in accordance with the Quotation agreed at the outset of the project.
- On delivery of the final Service any technical issues (such as export / rendering glitches, audio levels or colour correction) encountered by the Client will be corrected free of charge by Creative Grid at our discretion.
- Once complete Service sign-off has been received from the Client in writing and the final Service was delivered, any changes to the Service beyond that point will be subject to a fee.
- Where Creative Grid deliver a final Product or Service and no sign-off is received then after a period of 30 days after delivery the Client agrees that this constitutes acceptance of the final Product or Service and Client sign-off.
- Footage – other than the final Service or Product – is not supplied to the Client and remain the property of Creative Grid. Where the client wishes to have a copy of the Footage this must be specified at the start of the Project and may incur an additional fee within the Quotation. For the avoidance of doubt this does not include Creative Grid edit files which remain the property of Creative Grid.
- Creative Grid retain the right to use the Footage for promotional purposes such as within a film showreel.
11. Storage Policy
- If a Client takes all Footage (or copies of all footage and material) away from Creative Grid then it is deemed that the responsibility and safeguarding of the material has been fully passed on to the Client and the Client indemnifies Creative Grid against any loss incurred through the deletion or corruption of the Footage.
- Where Creative Grid has the Footage we will back it up safely as quickly as possible to our storage system.
- After delivery of the Service or Product we will keep the Client Footage for a minimum of TWELVE (12) months.
- After this time your footage may be deleted so it’s important to let us know if you think you will need it for the following year, for example for an annual event.
- Requests for Footage after the Project has been delivered normally incur an archive retrieval fee of £500. This is for our time finding the content and providing access.
12. Copyright & Ownership
- In consideration of, and subject to, the final payment of full fees due to UK Creative Grid Ltd by the customer, Creative Grid hereby assigns to the Client with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the Content.
- The Client agrees to assign Creative Grid a non-exclusive royalty free license to the Content for promotional use unless the Client has notified Creative Grid within 14 days of the filming date by email that the Content should be treated as Confidential and should not be used publicly.
- Creative Grid reserves the right to watermark all or any, preview or completed videos until the total Invoice is paid in full – at which point, a clean version will be released to the Client.
- Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of Creative Grid. Copies of Footage can be requested by the Client
13. Usage License
- Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained by the Client in advance from the original copyright holder. By accepting these terms and conditions the Client hereby indemnifies Creative Grid against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
- We retain all rights to the usage of Footage captured during the production of any Client Project. As part of our Service, we will grant a time-unlimited, worldwide license for use of that Footage to the Client subject always to the following express conditions, unless otherwise agreed in writing:
- Creative Grid retains all copyright over content we produce. A usage license grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
- We reserve the rights to use any Footage and related files from any Client commissed Project in our showreels and for other promotional purposes.
- Creative Grid assigns the Client a license to use the Service in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
- We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive license to any Client or (b) the material contains trademarks or specific intelluctual or imagery copyrighted by the Client.
- Once the Client publishes the Service into the public domain, it is assumed to be acceptable by the Client (unless otherwise stated by the Client) for any talent that feature in the Service (including but not limited to voiceover artists, contributors, actors and presenters) to use and publicise their appearance in your service for the purpose of the talent’s own showreel and marketing use (in whole or part use).
- The Client may not re-sell, re-license or redistribute the Service without express written permission from Creative Grid.
- Use as a derivative work, and reselling or redistributing such derivative work is prohibited
- Content may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner and the Client agreeds to indemnify Creative Grid from the results of such use entirely.
- Content may not be incorporated into trademarks, logos, or product marks.
- PERMITTED USAGE: Subject to the final payment of full fees due to Creative Grid by the Client, and provided that the Client is not in breach of anything contained in these Terms and Conditions, Creative Grid assigns to the Client, unless otherwise stated, with an in perpetual, worldwide license to use the Content for permitted commercial purposes, defined as:
- Advertising, promotion and industry/company communications
- part of a commercial website for promotional and other communications purposes
- Unless otherwise agreed, use of Content produced by Creative Grid on any paid-platform, or other scenario that demands a fee from the viewer, is not allowed. If this is a requirement of your project, please discuss this with your client manager at the project outset.
14. Data Protection
- Creative Grid will keep confidential all communications from the Client marked “In Confidence” or “Confidential”, except where that information has entered the public domain via another source, or except where it is required by law or regulation, provided that, to the extent practicable in the circumstances, the disclosing party is in each case given reasonable advance notice of the intended disclosure and a reasonable opportunity to challenge the same to the owner of such Confidential Information.
- Creative Grid will maintain measures and procedures as are reasonably practicable to provide for the safe custody of the Confidential Information.
- Creative Grid will only store, copy or use the Client’s Confidential Information to the extent necessary to perform its obligations under the quotation or contract.
- Creative Grid will comply with all applicable Data Protection Legislation. This is defined as the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicated in the. UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
- Any confidential or proprietary information which is acquired by Creative Grid from a Client will not be used or disclosed to any Third Party except when required to do so by law.
- The Client shall keep confidential any methodologies and technology used by Creative Grid to supply the Service(s).
- Creative Grid cannot be held liable to any party for any errors on any medium after the Client has agreed in writing that the content of the delivered Service is correct and accurate and should be posted, published or broadcast.
- Creative Grid shall be under no liability if unable to carry out any provision of the contract for some reason beyond it’s control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract.
- During the continuance of such a contingency the Client may, by written notice to Creative Grid, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
- Creative Grid cannot be held liable for loss or damage caused as a result of third party action or failure.
- Nothing in this agreement limits or excludes Creative Grid’s liability for:
- death or personal injury caused by its negligence
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
- Subject to the previous clause, Creative Grid shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information;
- any indirect or consequential loss.
- Subject to the previous two clauses, Creative Grid’s total aggregate liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement or any collateral contract shall not exceed the amount of Fees paid by the Client under this Agreement in the 12 months prior to which the relevant claim arose.
- Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
If any provision of these Terms and Conditions (whether in part or whole) is held by a Court or jurisdiction to be illegal, or unenforceable, the parties shall agree to amend the relevent provision as shall be necessary to ensure its application and the remaining provisions of the contract shall remain in full force and effect.
18. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales.
Any dispute you have which relates to these Terms and Conditions, or you use of Creative Grid’s Services (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Changes to these Terms and Conditions
Creative Grid reserves the right to update and change these Terms and Conditions from time to time, without notice.