Terms & Conditions
We keep things straightforward so you know exactly what to expect when working with us.
Terms & Conditions
Emma Youell Design Ltd
Standard Terms and Conditions
Definitions
The Client
In this document, you are addressed as 'The Client' who has taken on a working relationship with us, The Company.
The Company
We, Emma Youell Design LTD, are addressed throughout this document as 'The Company'.
The Content
The Content refers to the final deliverables created by The Company that will be given to The Client upon completion of the project(s). The exact Content will be outlined in a quotation/proposal or final brief document.
A — Standard Terms and Conditions
A.1 – Payment terms – Quotations
A.1.1 – All individually quoted projects are subject to a 50% deposit upfront and 50% payment after production.
A.1.2 – The 50% deposit covers all costs in the pre-production phase, including but not limited to: administration, scheduling, scripting, location sourcing, storyboarding, idea generation and so on. Meaning once this stage starts, the deposit is non-refundable.
A.1.3 – The 50% deposit must be paid before any filming dates or animation commences. Please note that your filming dates, as well as dates for animation, are not guaranteed until this deposit is paid.
A.1.4 – If any pre-production starts before the 50% deposit is paid, The Client is still liable to pay the 50% even if cancellation occurs. *See A.2 Cancellations – Quotations
A.1.5 – The final 50% of the quotation will be due 30 days from the completion date of the project. Please note The Client has no rights to The Content until this final payment is made.
A.1.6 – The Client can pay for the project in instalments, but this must be discussed and agreed with The Company before any payments are made towards The Content.
A.1.7 – If an invoice becomes overdue and The Content is being used, a content rental charge of £45 per day will be due and added to the total daily.
A.1.8 – If The Content is not being used, a late payment fee of £150 per week for each week of late payment will be added until the complete total is cleared.
A.2 – Cancellations – Quotations
A.2.1 – If The Client wishes to cancel creating The Content during pre-production:
The Client will have a 5-day cooling-off period from the date of this notification to ensure that The Client does not wish to proceed with the project.
After this cooling-off period, The Company will retain the deposit without continuing to create the Content.
If The Client has not paid the deposit and pre-production has commenced, the 50% deposit is still liable to be paid as work on the Content has started.
A.2.2 – If, after this cooling-off period, at any point, The Client decides they want to continue with creating The Content, the instruction will be classed as separate, and a new quote will be provided. Any previous payments will not count towards this continuation.
A.2.3 – If The Client wishes to cancel the creation of the Content once production has started, they will be liable to pay for any work and costs up until that point if not covered by the deposit alone.
A.2.4 – If The Content has been created, The Client is liable to pay the amount in full. The completed Content will still be sent to the Client once this total has been received.
A.3 – Payment terms – Subscriptions
A.3.1 – The subscription period will be stated within The Content proposal.
A.3.2 – The Client will be invoiced on the 1st of each month with a 28-day payment term. The Company recommend that The Client set up a standing order to ensure there are no late payments.
A.3.3 – If The Client is late in paying an invoice, all works will stop until the payment is received.
A.3.4 – If The Client is late paying, they are liable to pay a content rental charge of £45 per day until the full amount overdue is received.
A.3.5 – If The Client is late paying more than 7 days, the next month's subscription will also be due to be paid upfront before any more work continues.
A.4 – Cancellations – Subscriptions
A.4.1 – The Client has up to 15 working days before the first scheduled filming day or animation day to cancel the subscription with no charge.
A.4.2 – If The Client wishes to cancel the subscription within the 15 working days before the first filming date, the first month's total will still be due, as well as a £100 per month cancelled. The Client still has the right to request that The Content of the first month be completed.
A.4.3 – If at any point after the first month's completion, The Client wishes to cancel the subscription, an exit fee of 30% of one month's total times the amount of uncompleted months will be due.
A.4.4 – If The Content for that month has been created and The Client wishes to cancel in that same month, The Client is still liable to pay the full amount for that month.
A.4.5 – The Client will have a 5-working-day cooling-off period before the exit fee invoice is sent to ensure they want the subscription to end.
A.4.6 – After this cooling-off period, the exit fee will be invoiced and due on receipt. Please note the subscription will not be cancelled until this payment is made, meaning The Client will still be liable to pay the full subscription amount until the exit fee is received.
A.4.7 – If, after this cooling-off period, The Client decides to continue, it will be classed as a new subscription and a new quote will be formed. Any previous payments will not count towards this continuation.
A.5 – Rights and Ownership;
If the Company has been hired for full production.
A.5.1 – The Client does not have any rights to The Content until the full amount is paid.
A.5.2 – Once the full amount is covered, The Client has the rights to:
Use The Content continually on any social media platform and website directly related to The Client.
Use The Content continually on staff social media profiles.
Supply The Content to be used by third-party social media, IF specified by The Client at the proposal stage.
A.5.3 – The Client does not have the right to:
Sell The Content to anyone without prior written agreement from The Company.
Use The Content for live broadcast or live-streaming without prior written agreement from The Company.
A.5.4 – Ownership; The Company own full rights to all Content captured and created. Which allows us, for example, to use the Content for advertising purposes.
A.5.5 – The Company has the rights to sell on The Content, footage or images to third parties; however, if The Content contains any subjects or branding directly related to The Client, like a staff member, or logo'd item, The Client will be informed by The Company before any action is taken.
A.5.6 – The Client can request rights to the Content, meaning a new contract will need to be entered into to cover this request. The Client can:
A – Request copies and usage rights to all relevant original Content or 'raw' material that was captured for The Client's project. This comes at an additional fee of 30% of the original project price (excluding discounted pricing).
B – Request ownership in full to all Content, removing any rights from The Company, and receive copies of all relevant original Content or 'raw' material that was captured for The Client's project. This comes at an extra fee of 50% of the original project price (excluding discounted pricing).
A.5.7 – If The Company has already used and published any of the Content prior to an ownership request, this will not be removed as it was held and owned by Us at the time of release.
A.6 – Rights and Ownership;
The Company has been hired only to edit The Content
A.6.1 – The Client holds ownership of all footage and images supplied to The Company for the purpose of editing The Content.
A.6.2 – The Company may produce their own footage to be combined with what is supplied by The Client to create The Content, which will also be subject to term A.5.5.
A.6.3 – The Client does not have any rights to The Content until the final amount is paid.
A.6.4 – Once the full amount is covered, The Client has the rights to:
Use The Content continually on any social media platform and website directly related to The Client.
Use The Content continually on staff social media profiles.
Supply The Content to be used by third-party social media, IF specified by The Client at the proposal stage.
A.6.5 – The Client does not have the right to:
Sell The Content to anyone without prior written agreement from The Company.
Use The Content for live broadcast or live-streaming without prior written agreement from The Company.
A.6.6 – Ownership; The Company own rights to The Content, which allows us, for example, to use the Content for advertising our services.
A.6.7 – The Client can request rights to The Content, meaning a new contract will need to be entered into to cover this request. The Client can request ownership in full of The Content, removing any rights from The Company, which comes at an additional fee of 30% of the original project price (excluding discounted prices).
A.6.8 – If The Company has already used and published any of the Content prior to an ownership request, this will not be removed as it was held and owned by Us at the time of release.
A.7 – Rights and Ownership;
The Company has been hired to film and supply footage or images.
A.7.1 – The Client does not have any rights to the footage or images until the full amount is paid.
A.7.2 – Once the full amount is covered, The Client has the rights to:
Edit and adapt the footage and images to suit their brand needs.
Use the footage or images continually on any social media platform and website directly related to The Client.
Use the footage or images continually on staff social media profiles.
Supply the footage or images to be used by third-party social media, IF specified by The Client at the proposal stage.
Use the footage or images for live broadcasts or live streaming.
A.7.3 – The Client does not have the right to:
Sell the footage or images to anyone without prior written agreement from The Company.
A.7.4 – Ownership; The Company own full rights to the footage or images captured. Which allows us, for example, to use the Content for advertising our services.
A.7.5 – The Company has the rights to sell on the footage or images to third parties; however, if the footage or images contain any subjects or branding directly related to The Client, like a staff member, or logo'd item, The Client will be informed by The Company before any action is taken.
A.7.6 – The Client can request full ownership rights to the footage or images, meaning a new contract will need to be entered into to cover this request. Requesting ownership in full removes all rights from The Company. This comes at an extra fee of 50% of the original project price (excluding discounted prices).
A.7.7 – If The Company has already used and published any of the Content prior to an ownership request, this will not be removed as it was held and owned by Us at the time of release.
A.8 – Production and Scheduling
A.8.1 – All content creation dates, including both filming and editing, are pre-booked in advance and are arranged over email.
A.8.2 – All Content quotes allow for The Client to have one date to be rescheduled if 10 full days' notice is given with no extra charge. A new filming date must be confirmed within seven days of notification; otherwise, the following terms will be enforced accordingly.
A.8.3 – If rescheduling is required between 9 and 4 days of the 10 days notice, a fee of £75 per date will be charged.
A.8.4 – If rescheduling is required with less than 3 days (72 hours) notice of the 10 days, a fee of £100 per date will be charged.
A.8.5 – If the Client needs to reschedule the same date more than once, the fee will automatically be £100 per reschedule.
A.8.6 – These charges are The Company's only and do not include any third-party rescheduling costs. If a reschedule is required and third parties are involved, all costs will be outlined before any action is taken.
A.8.7 – The new filming date should not collide with other client bookings; If this is unavoidable, extra staff costs may apply to enable the new date to go ahead.
A.8.8 – The new filming date must be completed within 60 days from the original booked date, or extra charges may apply.
A.9 – Post-Production
A.9.1 – Included within the price for The Content, The Client will have the right to 2 sets of revisions/amendments within the editing process.
A.9.2 – Please note these revisions do not include any re-filming. It is at The Company's discretion if re-filming is required, which may be chargeable to The Client.
A.9.3 – The Client will only have 10 working days from the send date of The Content drafts to submit and use the included revisions.
A.9.4 – If The Client requires more work done to The Content after this time, or both sets of revisions are used, it will be chargeable at £75 per hour, or The Company will provide a separate quote to outline costs.
A.9.5 – The Company will not complete extra revisions until the costs are confirmed with The Client.
A.9.6 – Turnaround time for The Content are quote-specific. Please note that the turnaround times supplied are a guide only and not a guarantee.
A.9.7 – If The Client has decided to pay in instalments for The Content, all drafts will include The Company's watermark, which will only be removed once all instalments are received unless agreed with The Company beforehand.
A.10 – Content Storage
A.10.1 – It is down to The Client to ensure that once The Content is complete, they download and hold their own copies of The Content.
A.10.2 – All footage and design elements for The Client's Content are guaranteed to be held by The Company for a minimum of 6 months after the completion date. After this time, The Company may delete the files.
A.10.3 – If you are a continual client, this 6-month period will only start once The Company and The Client stop working together. If The Client begins work again within this time, the footage and design elements will be continually held until the partnership ceases.
A.10.4 – All final drafts of the Content are guaranteed to be held by The Company for a minimum of 12 months. After this time, The Company may delete the files.
A.10.5 – The Content gets supplied via a Google Drive or WeTransfer link to the Client; the Google Drive link will expire after 12 months and the WeTransfer link after 5 days, meaning The Client must host their Content via their own channels if, for example, they are using the Content for continual online training.
