Terms of Service
We, Ocular Media LTD, will deliver our service(s) to fulfil the CLIENT’s needs and meet the CLIENT’s goals.
We, Ocular Media LTD, will focus on the creative service provided and time allotted to achieve such and this agreement is intended to be user friendly.
The CLIENT is appointing Ocular Media LTD to produce the content as described in project details as outlined above at the price quoted. Reasonable instructions &/or approvals will be required from the CLIENT in order for us to provide the full service to its full potential.
2.0 What do both parties agree to do?
The CLIENT, will provide us with materials needed to complete the defined scope of works, including, but not limited to, text, images and other information as requested, in the format required.
The Client will review our work, provide feedback and sign-off approval in a timely manner.
The CLIENT and Ocular Media LTD will work to mutually agreed deadlines, we will be bound by mutually set dates, which will be recorded at regular briefing meetings. If a task forming part of the service falls outside of agreed deadlines, each party are to be responsible to the other insofar as their inability to deliver was within the other parties reasonable control.
We have the experience and ability to execute the services you require and Ocular Media LTD will perform them in a professional and timely manner.
Requests made for marketing/ materials outside of this contract specification will be completed in a timely manner and the delivery date will be agreed with the client (taking into consideration factors such as prioritising workload/ materials / production availability). Ocular Media LTD will endeavour to action all ‘ad hoc’ requests within 48hrs if and where possible, however, the contract always takes priority and this will be considered when implementing any such requests.
During the contract, we will endeavour to meet all the mutually set deadlines, but Ocular Media LTD cannot be held responsible for a missed launch date or a deadline IF the CLIENT has been late in supplying materials or has not approved or signed off on any work delivered to the CLIENT on time.
Confidentiality is paramount and any information supplied by either you, the CLIENT, or Ocular Media LTD , will not be divulged to third parties without expressed and written permissions.
3.0 Ability to Perform Service
3.1 Video Production
We will create designs and concepts for your video including any motion graphics. All information regarding the PRODUCTION needs to be submitted to Ocular Media LTD on a mutually convenient date before the first filming day. Any omitted information or additional information regarding the PRODUCTION given after the first day of filming may cause changes to the final project and incur additional charges. In the unlikely event of this occurring, Ocular Media LTD will re-evaluate the project adding the additional information into the quote and adjust the price as or if required.
3.2 Marketing & PR Content
All quotations for additional services to this contract are valid for 30 days from the date of submission. We will create and manage the account(s) and not the costs of advertisements, sponsored posts or external charges. Any external cost will be agreed in advance and invoiced accordingly, subject to an agreed mark up of x% to cover overheads.
3.3 Text Content
Ocular Media LTD is not responsible for writing any text content unless specified in the original project description. The CLIENT is to ensure that ALL spellings and accuracy of text supplied; Ocular Media will work with the Client and assist with any corrections identified. After the final edit has been completed, additional costs (if any) will be the responsibility of the CLIENT and will be invoiced accordingly.
3.4 Stock Footage & Photography
If stock photography or video is to be used, Ocular Media LTD will search out appropriate photos and videos from various stock sources and Ocular Media LTD may use its own stock resources to assist the Client. All additional costs for stock content will be billed to the CLIENT unless specified and included in our quote. Any proof revisions due to incorrect or undesired stock content will not be subject to any additional charges.
3.5 Changes and Revisions
Within our quote, Ocular Media LTD will have outlined the number of post-production amendment rounds and wherever possible Ocular Media LTD will do its best to make alterations to the edit at no extra cost and within reason. Amendments/alterations will be scheduled in for completion and timelines will be advised/agreed with the Client. If changes are extensive or different from our initial agreement, we will discuss with the CLIENT and provide an amended costing that specifies the requirements for the additional editing. No changes or revisions will be executed without agreement from the CLIENT.
In order to track changes and ensure accuracy of edits as the project progresses, the Client will be required to submit/confirm alteration requests in writing.
3.6 Technical Support
If the CLIENT has any problems presenting the video to its destination, we can provide technical advice and assistance at an additional charge (unless included in the quote). If the CLIENT’s video is intended to be broadcast on television and is having problems with the Network/Channel accepting or receiving your video, we will work with you until the video is delivered.
Ocular Media LTD will not be liable to you, the CLIENT, for any loss or damage caused by Ocular Media LTD or its employees or subcontractors in circumstances where:
There is no breach of a legal duty of care owed to you, the CLIENT, by Ocular Media LTD (or its employees or subcontractors), or such loss or damage is not a reasonably foreseeable result of any such breach; or in respect of any increase in the loss or damage resulting from the CLIENT’s actions.
These Terms & Conditions shall exclude or limit Ocular Media LTD’s liability for:
Death or personal injury caused by the negligence of Ocular Media LTD and/or its employees’ or subcontractors’ negligence; or fraudulent misrepresentation by Ocular Media LTD and/or its employees.
You guarantee to us that any elements of text, graphics, photographs, videos, designs, trademarks, or other artwork that you, the CLIENT, provides to Ocular Media LTD for inclusion on any online site or video productions are either owned by you or that you have the correct permissions to use them.
Upon receipt of the final payment, copyright is automatically assigned as follows:
You, the CLIENT, own the graphics and other visual elements that are created for the project. Ocular Media LTD will give you a copy of all final edited files and you are responsible for their store as we are not required to keep them or provide any native source files that we used in making them. We endeavour to archive files for as long as possible upon the completion of a project but cannot provide any guarantees after the agreed delivery date. Please make Ocular Media LTD aware, before a project begins, if you require all raw footage and we will add the appropriate storage charges to our quotation.
You, the CLIENT, own text content, photographs, and other data the CLIENT provided, unless owned by other parties (copyright release required). We own the PRODUCTION and license it to the CLIENT for use in perpetuity in its finished form. Any alterations or edits to the finished video must be agreed in writing and doing so without this permission nullifies the licence agreement.
We, Ocular Media LTD, reserve the right to display and link to your completed project as part of our portfolio during and after the contact term length. We also reserve the right to publish and share in written form about the project online sites/social media, in magazine and press articles and in blogs about video production (unless otherwise specified in our correspondence).
Invoices should be settled promptly. Invoices will be issued monthly as agreed, payable within 30 days, upon signing of your contract, for the duration of the contract. Failure to complete payment within this time scale may lead to additional costs being incurred at statutory rates.
All costs in this contract and any proposals exclude VAT. VAT is to be added onto the invoice(s).
5.0 Termination by Written Agreement
A termination notice must be presented with the opportunity to discuss the reasons behind the termination.
Either party may terminate this contract by written notice to the other at any time, if the other party:
5.1 commits a breach of this contract and, in the case of a breach capable of remedy, fails to remedy the breach within 14 days of being required to do so in writing: or
5.2 becomes insolvent, or has a liquidator, receiver, or administrative receiver appointed.
If this contract is terminated by the client for any reason other than non-performance by Ocular Media LTD or reasons stated above, it will result in full payment of the services provided to the date of termination.
Upon termination of this agreement, howsoever caused:
5.3 Ocular Media LTD reserves the right to publish created work, add your logo and post -client testimonials on our website and social channels – as part of our portfolio.
5.4 Each of the parties will promptly return to the other the Confidential Information of the other.
6.0 Complaints Procedure
Complaints must be received by email to firstname.lastname@example.org within 5 days of production with a full explanation of the issue(s) that have arisen.
The complaint will be investigated fully and a response in writing will be provided along with any actions within 14 working days. Should no communication be received within these deadlines, the production will be deemed a success and no correspondence will be entered into.
Any negative reviews or derogatory comments posted online or any platform without initial correspondence with Ocular Media LTD will be deemed as libel and will be dealt with by our legal team.