1. THE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Wild Stag Studio Limited a company registered in England and Wales. Our company registration number is 10097642 and our registered office is Floor 6, Tower Point, 44 North road, Brighton, BN1 1YR. Our registered VAT number is 273392390. 2.2 How to contact us. You can contact us by writing to us at email@example.com or at our registered address. 2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we receive your 50% deposit payment. Until such time as we are in receipt of this deposit, we are not obliged to accept any order 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for any product or service. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a delivery deadline you have specified.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. 4.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. THE PRODUCTION PROCESS
5.1. We will always speak with you at the outset of a project regarding your requirements and your ideas. We will quote based on the information you provide to us. Our quote sets out the work we will do for you and it is your responsibility at all times to ensure our quotation is accurate. We require a 50% deposit to be paid to enable us to accept your project. Once the 50% deposit requested in the quotation has been paid to us, we accept your order and by paying that deposit you confirm that the quotation is accurate and meets your requirements. 5.2. Upon acceptance of your order we will produce a treatment/concept for your consideration. 5.3. We will arrange with you a mutually convenient time to schedule a pre-production meeting. At the pre-production meeting we will discuss with you the treatment/concept and it is at this meeting that you should notify us of any required changes to the treatment/concept proposed. We will advise at this meeting as to what is possible and what is not. We will always endeavour to make your project as you envisage it but this is not always possible. In these circumstances we will work with you to meet your requirements in a way that we are able to do so. 5.4. Following the pre-production meeting we will often create a storyboard for your consideration based upon the outcomes of our pre-production meeting. You will have final sign off on this storyboard and we will not carry out any filming until such time as this is approved. If no storyboard is created, we will proceed to production based on the outcome of our pre-production meeting and the treatment/concept. 5.5. Upon approval of the storyboard we will begin filming and the production process. We encourage you to be on set so that you can provide us with input and to ensure that you are happy with the content we obtain. If you do not attend the set or do not send a representative to the set then you agree that we have full creative licence to obtain your content insofar as it meets the signed treatment/concept and/or storyboard. 5.6. Following the production process, we will notify you of the post-production schedule. This schedule will detail when you can expect edits and the deadlines for providing feedback and when you can expect the final product. You agree to adhere to the post-production schedule. If no feedback is received by the deadlines set out in the post-production schedule then you agree to the edit as provided and no further work will be required. Unless otherwise agreed we allow for two rounds of edits and feedback, any further edits will be charged outside of our quotation and you will be notified of the cost involved in any further required rounds or edits before it is undertaken. 5.7. Upon the post-production schedule being completed your project will be final. We will invoice the outstanding balance of 50% plus any additional charges for extra edits or variations and you agree to pay these invoices within 30 days. Upon receipt of payment we will release the final product to you.
6. PROVIDING THE PRODUCTS
6.1 When we will provide the products. We aim to keep you updated regarding the status of your order. Due to the nature of most of our products and services the delivery date is usually agreed with you in advance. 6.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract, however your 50% deposit is non-refundable. 6.3 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. 6.4 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable and agreed with us, and you can treat the contract as at an end if we do not meet the new deadline. 6.5 When you become responsible for the goods. A product which is goods will be your responsibility from the time we send the product to the address you gave us (including email address) or you collect it from us. 6.6 When you own goods. You own a product which is goods once we have received payment in full. Upon payment in full we will send you the product and you will own any intellectual property in the product. 6.7 When we can use the products. Unless agreed otherwise at the outset of your project you will grant us an unlimited, worldwide, irrevocable, royalty free and non-exhaustive licence to use intellectual property in the product to promote our services or for marketing materials and we agree not to infringe your rights when doing so. 6.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you. 6.9 If there are adverse weather conditions. Due to the nature of the products and services provided, if we agree to shoot footage or material for you on a specific date and adverse weather means that shoot cannot go ahead then the cost of any hired equipment or contractors hired for that shoot will be passed on to you and you agree to pay those costs within 30 days of us sending you an invoice in respect of these. 6.10 If we cannot make a film shoot. If we are unable to attend or fulfil a film shoot for any reason, such as illness or staff shortages, we will make you aware as soon as we are able by giving notice to you. We will give you as much notice as possible, however, sometimes this notice will be short due to circumstances outside of our control. If we cancel a shoot, we reserve the right to invoice you for any costs incurred by us in respect of that shoot, such as equipment hire costs. This is entirely at our discretion. Any costs invoiced to you will be supported by invoices and payable by you within 30 days of the date of our invoice. 6.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. 6.12 We may also suspend supply of the products if you do not pay. We work on a 50% deposit upfront and 50% upon completion of final edit basis. We will invoice you at the outset and at the end of the project. We retain all rights to and in the product until such time as all of our invoices are paid in full.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back); (b) If you want to end the contract because of something we have done or have told you we are going to do see clause 7.2; (c) If you have just changed your mind about the product, see clause 7.3. Consumers may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5. 7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will not invoice you for the remaining 50% of the project cost. You may also be entitled to compensation. The reasons are: (a) there is a risk that supply of the products may be significantly delayed because of events outside our control; (b) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or (c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.3). 7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For consumers, most products bought online you have a legal right to change your mind within 14 days and receive a refund. Consumers are referred to the Consumer Contracts Regulations 2013. 7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of: (a) digital products after you have started to download; (b) services, once these have been completed, even if the cancellation period is still running; (c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them. 7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately. The 50% upfront deposit is non-refundable and we may be entitled to compensation for the net costs and losses we will incur as a result of your ending the contract.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us you must email us at firstname.lastname@example.org or write to us at our registered address giving written notice of your intention to cancel.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product or service at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us. 9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will be entitled to keep the non-refundable 50% deposit and we will invoice you for our services carried out up to the date that the contract is broken if the work undertaken at that point would exceed the value of the 50% deposit.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product or service, please contact us. You can write to us at email@example.com or our registered address. 10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Consumers are also referred to the Consumer Rights Act 2015.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product will be the price indicated in the initial quotation or any varied quotation subsequently sent to you plus VAT. 11.2 When you must pay and how you must pay. Our payment terms for all goods, services or digital content provided are that 50% of the total quotation price is paid at the outset of the project as a non-refundable deposit and the remaining 50% of the quotation total is to be paid upon completion of the project but prior to sending you the final product. We will only release final products to you once we have been paid in full. 11.3 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of consumer rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987. 12.2 Limitation of liability. We shall not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the contract for loss of profits, loss of sales or business, loss of agreements or contracts, loss of publicity or opportunity, loss of or damage to goodwill and any indirect or consequential loss. 12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. 12.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 14.2 Intellectual Property and third parties. Where a third party has any rights in the product, we will give you notice in writing as to whether an assignment can be obtained and the cost of any such assignment. If you ask us to, we will try and obtain this assignment for you, however if we do not hear from you within 30 days of our notice in writing we will assume that you will make direct contact with any third party to obtain an assignment. You will be liable for the cost of obtaining any assignment or licence. 14.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 14.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. 14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.