These Terms of Business replace all terms and conditions and documentation previously published by QM Media Management Ltd / Trading as Spiel Creative / Spiel Video Marketing Agency, hereinafter called ‘The Company’. No variation of these Terms of Business is valid or shall be binding on the Company unless previously confirmed in writing by a Partner of the Company.
The Company undertakes animation, graphics, digital effects and a variety of film, video and editing services; hereafter referred to as ‘assignments’ or ‘projects’. When the Client confirms an assignment in writing it is deemed to have accepted these Terms of Business.
The Company charges fees for animation assignments; such fees do not include expenses incurred by the Company in connection with other media and courier/delivery charges.
The Company’s standard payment terms state that a 50% deposit required upfront before starting any work, with the remaining 50% due on completion. For projects with a production time of more than 3 months or a value of £30,000 an alternative payment plan may be agreed before the project starts.
If the Client terminates or suspends an assignment which it has been previously confirmed, the Client becomes liable for fees and expenses incurred up to and including the date of cancellation.
All final invoices for fees and charges are payable within fourteen days of their date of invoice. VAT is payable on all fees, charges and costs at the prevailing rate. Invoices for deposits are required to be paid before work starts unless a payment date has been agreed and confirmed in writing to avoid delays on projects with a tight schedule.
If a Client suspends an assignment previously agreed with the Company, the Company is prepared to restart the assignment again under the same terms and conditions, provided our fees have been paid, there are no alterations to the original specification, and that the restart is within six months of the original date of the commencement of the assignment.
If the Client does not approve or amend a submitted assignment, completed or in part, within a reasonable period, The Company reserves the right to invoice for fees and expenses incurred.
If the Client or any employee of the client or any subsidiary or associated company or individual of the Client alters the original assignment specification; the company reserves the right to adjust the fee accordingly. Any deviations from the original assignment specification, deemed by the Company to have cost implications, will be agreed in advance and documented.
All information provided by the Client either verbally or in writing is accepted by the Company in good faith. Reasonable measures are taken to ensure the accuracy of such information but The Company can accept no liability whatsoever for any loss or damage resulting from it.
The Intellectual Property Rights in all work, content, assignments, materials and deliverables created and produced by the Company for the Client shall vest in and be owned by the Client, and the Company shall promptly execute such documentation at the Client’s request and expense in order to procure that the Intellectual Property Rights are so vested in the Client. For the purposes of this clause 11, Intellectual Property Rights shall mean: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
The Company undertakes to respect the confidential nature of all information supplied by the Client.
The Client undertakes to notify The Company without delay of any circumstances, which may materially affect an assignment – any costs associated with such a delay will be charged to the Client.
The Company reserves the right to restrict assignments when there is a conflict of interest. Any such conflict will be highlighted at the project proposal stage of an assignment, if possible.
All assignment components remain the property of The Company, until full payment has been received from The Client
The Client undertakes to respect the confidential nature of all information about an assignment given to it by the Company.
The provision of any service by the Company, other than that of an animation assignment, shall not affect the liability of the Client to pay such fees and charges as shall have been incurred under these Terms of Business.
No work, content, assignments, materials and deliverables created by the Company in the performance of the Company’s obligations under this contract will infringe the Intellectual Property Rights of any third party.