TERMS AND CONDITIONS:

1. Definitions

  • We‘ or ‘Us‘ or ‘WBM‘ refers to WeBelieve Media Ltd, company number 09273612 whose registered office is a Unit 14 Court Farm, Sutton Road, Brantham, Manningtree CO11 1PW.
  • You‘ or ‘the Buyer‘ refers to any party who agrees to purchase services from Us as named on the first page of this agreement.
  • A ‘party‘ means either WeBelieve Media Ltd or the Buyer, as the context permits and ‘parties‘ refers to both WeBelieve Media Ltd and the Buyer.
  • The ‘Design Brief‘ refers to the original explanation of what the Project will involve as given by the Buyer to Us at the beginning of the Project in accordance with clause 2.
  • The ‘Quote’ refers to any estimate or quote provided by WeBelieve Media Ltd giving a view of how long a particular project is likely to last and the likely costs.
  • The ‘Project’ means the project to produce the works specified on the first page of this agreement.

2. Design Brief

  • The Buyer agrees to provide a full, detailed and accurate Design Brief. This should include all relevant information, including but not limited to a description of the item(s) to be produced, the media to be used, an approximate word count, duration or number of pages, the target market(s), the aim behind the item(s) to be produced, the level of research that will be required and a clear idea of the tone to be used.
  • If any of the information in the original Design Brief changes, the Buyer agrees that WeBelieve Media Ltd may (i) increase the Quote and the amount it charges the Buyer for completing the Project or (ii) terminate this agreement immediately without liability to the Buyer and the Buyer shall pay WeBelieve Media Ltd for time spent and work produced up to the date of termination on a pro rata basis.

3. Quote

  • We will provide a Quote based on the Design Brief as laid out in clause 2.
  • We agree to make the Quote as accurate as possible. However, the parties agree that the Quote is an estimate only and WeBelieve Media Ltd reserves the right to charge a different amount from the Quote based on actual time spent on the Project and completing the works regardless of whether the brief has changed or not.
  • WeBelieve Media will always confirm with You before making any additional purchases or creative decisions that may impact final costs.

4. Our Obligations

  • We agree to provide a Quote as laid out in clause 3.
  • We agree to complete work to a reasonable standard.
  • We agree to complete work within the timescales laid out by the Buyer, where this is reasonable and within our control but time shall not be of the essence.
  • We agree to notify the Buyer of any additional work that has been required that differs from that included in the original Design Brief.
  • We shall provide You with 2 free rounds of amends to work carried out to the Design Brief. Further rounds of amends will be charged accordingly.

5. Your Obligations

  • You agree to provide the Design Brief.
  • You agree to provide Us with reasonable timescales to work within.
  • You agree to inform us if there are any changes you want to make to the Design Brief.
  • You agree to pay all invoices promptly as laid out in clause 6.
  • You agree that all products will be delivered on time and to correct specification.
  • You will provide Us with coherent and detailed notes on amends and understand that after 2 rounds will be charged for further amendments to the project.

6. Price and Payment Terms

  • An initial deposit of 30% will be paid before work can commence. The remaining 70% will be paid upon first delivery before amends are completed.
  • The Buyer agrees to pay Us for all our hours worked regardless of the original Quote.
  • We reserve the right to add charges for additional work that is not explicitly included in the original Design Brief including but not limited to any changes to the original Design Brief, any additional meetings, any additional expenses, any requirement to work over weekends or holidays, any changes to timescales, or priority of the Project.
  • WeBelieve Media will always confirm with You before making any additional purchases or creative decisions that may impact final costs.
  • The Buyer agrees to pay all invoices raised by WeBelieve Media Ltd within 14 days of the date of invoice. WeBelieve Media Ltd reserves the right to charge interest and the Buyer shall pay interest on the overdue amount at the rate in accordance with the Late Payments Act 1998.
  • Credit will NOT be given for any products previously agreed to shoot but not available the day of shooting, as agreed by both parties. Customer will be charged the original quote regardless of missing or incomplete products.

7. Termination / Cancellation

  • A cancellation or postponement is defined as a rescheduling of the production to a later specific date caused or directed by the Buyer or a total cancellation of the project.
  • If the Buyer decides to cancel, curtail or in any other way change the project, for any reason, which results in less work than that envisaged by the original Design Brief, they agree to give two weeks notice to terminate this agreement. The deposit will not be returned and the Buyer agrees to pay for all work completed until such date of termination as WeBelieve Media Ltd may
  • reasonably specify.
  • If We block out a specific period of time with the agreement that it represents a firm commitment from the Buyer, then We shall make no further efforts to sell the time. If the job is cancelled or postponed within the guideline time frame, it is unlikely that this time can be re-booked. It should be understood that this time represents WeBelieve Media‚Äôs only source of income and costs will be pursued.
  • We reserve the right to cancel work on any Project by giving the Buyer 2 weeks notice. Further, in the event that the Buyer commits a breach of this agreement or suffers, or is likely in our reasonable opinion to suffer, an event of insolvency we are entitled to terminate this agreement immediately. We will invoice for any work completed up until the date of termination.

8. Ownership, Copyright, Intellectual Property Rights & Usage

  • The copyright and any other intellectual property rights in materials which we have written or produced for the sole purpose of the Project shall remain with us.
  • As agreed before commencement of work – We allow full use of final project deliverable before payment. However, this is revocable if full payment is not made at the agreed time.
  • Copyright Licence may be further issued by You to whomever You should see fit, however with the strict instructions that usage beyond fair and reasonable means action will be taken to remove the asset.
  • Use by third parties (other bodies outside of WeBelieve Media and You) on YouTube or other video hosting sites must accredit WeBelieve Media as the creator or producer.
  • Copyright Licence is for the whole and entire asset, and does not include the project files themselves. In addition, no editing by third parties is permitted without the written consent of WeBelieve Media.
  • No intellectual property rights of ownership are granted by Us to the Buyer and all intellectual property rights (including without limitation our trademarks and trade names and all other intellectual property used or created by us which was not specifically developed for the Project) shall remain vested in us.
  • You confirm that You have the right to use any material and/or content that You supply to Us or for inclusion, or that You request is included, in the Project and You hereby agree to indemnify Us against all losses liabilities damages and costs and expenses (including professional fees) that We suffer or incur as a result of Your content and/or materials or such content/material that You request is used within the Project infringing the intellectual property rights of third parties.

Limitations of Use

  • Usage of any material produced by WeBelieve Media will be based upon the strict terms of online use only and unless specified otherwise, this license DOES NOT INCLUDE use in a commercial film or theatrical production or in a television, radio, or in-theater broadcast or advertisement.
  • Usage limitations extends to any photography NOT to be used for print in any publication unless agreed by WeBelieve Media beforehand.
  • Usage fees and extended copyright licence fees will be required to allow for any of the limitations of use.

9. Our Liability

  • Without prejudice to the remainder of this clause Our total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to the fees paid by You to Us in connection with the Project and in no event shall We be liable to You for any special, indirect or consequential damage or loss suffered by You that arises under or in connection with this agreement.
  • Except as expressly stated within this agreement, all warranties and conditions, whether expressed or implied, by statute, common law or otherwise, are excluded to the extent permitted by law.

10. Sign Off & Reshoots

  • Sign off of any materials produced will be automatic if no communication at all has been received 14 days after any delivery.
  • Further amends after sign off will be charged.
  • We encourage our clients to be on set with us for their shoots. Any reshoots required that fall outside of the original brief will be charged for.

11. General

  • Each party agrees to keep the contents of this agreement and details relating to the Project confidential and shall not disclose such information to any third party, save that each party may disclose such information (i) to its employees as is necessary for the Project and (ii) as is required by law.
  • If any clause of these terms and conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.
  • This agreement is a binding document and the terms and conditions contained herein constitute the entire agreement between the parties in relation to the Project, and supersede all prior agreements, understandings and representations whether oral or written.
  • We shall be entitled to assign or subcontract Our rights and obligations hereunder without Your prior written consent. You shall not be entitled to assign or transfer or subcontract or deal in any way with any of your rights or obligation hereunder without Our express prior written consent.
  • These terms and conditions shall be governed by the laws of England and Wales and the parties hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.