1. Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.
2. All costs provided exclude VAT where applicable and are valid for thirty days from the date of the quotation.
3. The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.
4. No creative or development work will commence until the agency has received written approval of the quotation and prepayment of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby an agreed deposit will be required before proceeding to each new stage.
5. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
6. If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be pre-paid in full before each stage, before the agency is able to progress to the next phase.
7. If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
8. Unless otherwise stated above or previously agreed in writing, all invoices are due within fourteen days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.
9. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images etc) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).
10. Costs provided allow for a maximum of two sets of client amends after which time additional charges will become payable, although the client would be made aware of this in advance. 3 Heads Ltd will supply a draft of the project then move to Draft 1, allowing for amends then Draft 2 now allowing for a few tweaks and then resulting in Final approved version.
11. Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between the agency and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
12. Unless otherwise agreed in writing, our fees exclude: VAT where applicable
13. It is assumed that unless otherwise stated, most copy and images will be provided by the client, although the agency will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. The agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required.
14. This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and the agency’s right to use the work for self-promotion in its portfolio, in presentations, in advertising, in print and online.
15. 3 Heads Ltd will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
16. The agency will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
17. The client agrees to indemnify 3 Heads Ltd and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
18. The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
19. Postponement of Video Shoot
In the case of a postponed job a new date no longer than 4 weeks must be provided at the time of postponement otherwise it will be deemed that the job has been cancelled. Due to the cost implications to Yakety Yak, certain fees will apply should the Buyer wish to rearrange or postpone a video shoot, or if the venue is not ready when the team arrive. So long as 3 Heads Ltd is not the party at fault in such situations and the date for rearrangement is available for 3 Heads Ltd to carry out the works then the following charges shall apply:
Video shoots may be rearranged free of charge anywhere up to 4 weeks in advance of the video shoot but any costs that cannot be recouped, postponed or are incurred by 3 Heads Ltd will be payable by the client e.g. all reasonable travel, accommodation, equipment hire, actor hire, planning costs and other out of pocket expenses incurred prior to the re-arrangement are to be reimbursed by the Buyer to 3 Heads Ltd.
If rearranged with less than 4 weeks’ notice of the scheduled video shoot, a charge of £1,000 + VAT will apply plus the costs referred to above that cannot be recouped, postponed or are incurred by 3 Heads Ltd.
20. Cancellation of Video Shoot
Cancelled shoots with up to 4 weeks’ notice will incur a charge of 25% of the agreed or £1,000 (whichever is greater) plus any out of pocket expenses as above. Cancelled shoots with less than 4 weeks’ notice will incur a 50% charge or £2,000 (whichever is greater) plus any out of pocket expenses as above
21. These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. 3 Heads Ltd reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.