Terms and Conditions
Effective Date: 16/09/2024
OTTR WORKS – TERMS & CONDITIONS
1. Introduction
These Terms and Conditions apply to all services provided by Ottr Works ("we", "us", "our", or "the Company") to our clients ("you", "your"). By engaging our services, you agree to be bound by these Terms and Conditions. Any Quote provided by Ottr Works is subject to these Terms and Conditions, and they form part of the agreement between us and the Client.
By approving the Quote, you are acknowledging and agreeing to these Terms and Conditions in full. These Terms and Conditions are available on our website at [Insert Website URL], and any references in quotes or contracts will refer to this document.
2. Definitions
2.1 Amendments
Refers to any additional revisions or changes to the delivery of materials that Ottr Works has agreed to carry out beyond those outlined in the original project scope, as described in Section 4.
2.2 Client
Refers to any individual, business, or organisation purchasing services from Ottr Works, as identified in the Quote.
2.3 Client Materials
Refers to any assets provided by the Client for use in the creation of final materials, including but not limited to images, videos, logos, marketing content, text, graphics, and audio files.
2.4 Start Date
The date on which the Client formally engages Ottr Works for services, as outlined in the Quote or otherwise agreed in writing.
2.5 Completion Date
The agreed date for final delivery of the project, as specified in the Quote or mutually agreed in writing.
2.6 Final Deliverables
The finished materials to be delivered by Ottr Works as detailed in the Quote.
2.7 Fee
The total agreed cost for the services provided by Ottr Works, including the creation and delivery of the Final Deliverables.
2.8 Project
The specific assignment for which Ottr Works is hired, as detailed in the Quote.
2.9 Services
The work or activities carried out by Ottr Works on behalf of the Client, as outlined in the Quote.
2.10 Quote
The official document outlining the scope, budget, and timeline for the services to be provided.
2.11 Usage Rights
Refers to the rights granted to the Client for use of the Final Deliverables, as specified in the Quote.
3. Project Scope and Services
The services provided by Ottr Works are detailed in the Quote attached to each project. These may include creative services, video production, content creation, and consultation. You are responsible for providing all required materials (e.g., images, logos, and text) in a timely manner to enable us to meet the agreed deadlines.
4. Pricing and Payment
4.1 Fee
The fee for the project is outlined in the attached Quote. This fee is fixed based on the agreed scope of work. Should the scope change during the project, any additional work will be subject to extra charges as outlined below.
4.2 Payment Terms
Payments are due as per the terms detailed in the Quote. Payment must be made by the due date specified on the invoice. In the event of late payment, Ottr Works reserves the right to charge interest and suspend services until payment is received.
5. Project Timeline
5.1 Deadlines
The project timeline, including key milestones and final delivery dates, is specified in the Quote. We will make every reasonable effort to meet these deadlines, provided you deliver any required assets (e.g., images, videos, logos) on time.
5.2 Delays
If delays are caused by you that extend beyond the agreed Completion Date, Ottr Works reserves the right to adjust the timeline or, in certain cases, terminate the agreement, as per these Terms & Conditions.
6. Changes to Scope of Work
6.1 Requests for Changes
Any changes to the scope of the project (e.g., revisions, additional content) must be requested in writing. We will provide a revised quote for approval before proceeding with any additional work. Changes in scope may impact the project timeline and fee.
6.2 Amendments
Video projects include up to two rounds of revisions. Additional rounds of amendments will be subject to extra charges. The scope of each amendment round must be communicated clearly, and further changes beyond these two rounds will be quoted and agreed upon in writing before additional work is commenced.
7. Ownership and Intellectual Property Rights
7.1 Final Deliverables
Upon full payment of the project fee, you will be granted the agreed Usage Rights for the Final Deliverables as outlined in the Quote. The default rights cover digital use for online platforms unless otherwise specified in the Quote.
7.2 Raw Footage and Project Files
All raw footage and project files remain the exclusive property of Ottr Works. The Client is paying for the final edited product. Should the Client wish to obtain any raw footage, this will be subject to a separate agreement and may incur additional fees. Release of raw footage will only be done upon mutual contract and written consent.
7.3 Third-Party Materials
Where third-party assets (e.g., stock footage, music) are used, the Client is responsible for securing the necessary licenses unless otherwise agreed in the Quote.
8. Cancellation Policy
If you need to cancel or reschedule the project, the following policy will apply:
8 or more days before the project start date: No cancellation fee.
7–4 days before the project start date: 50% of the total project fee.
3–2 days before the project start date: 75% of the total project fee.
1 day or less before the project start date: 100% of the total project fee.
Any costs already incurred by Ottr Works will remain payable in full.
9. Liability and Indemnity
9.1 Liability
Our liability for the project is limited to the value of the fees paid for the work. Ottr Works carries the necessary public liability and professional indemnity insurance to cover its obligations under this agreement.
9.2 Client Indemnity
You agree to indemnify Ottr Works from any liabilities, damages, costs, or expenses that may arise from your use of the deliverables in ways not covered by the agreed Usage Rights or in breach of third-party licenses.
10. Force Majeure
Neither party will be held liable for delays or failure to perform due to circumstances beyond their control, such as natural disasters, acts of war, or global pandemics. If such events continue for more than 7 days, either party has the right to terminate the agreement with immediate effect.
11. Data Protection
Ottr Works complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Both parties agree to safeguard any personal data processed in relation to the project.
12. Acceptance of Terms
By approving the Quote, you acknowledge and agree to be bound by these Terms and Conditions as outlined above. These Terms and Conditions, together with the Quote and any attached Terms of Business, form the entire agreement between Ottr Works and the Client. Full Terms and Conditions are available at [Insert Website URL].
13. Governing Law
These Terms & Conditions are governed by the laws of England and Wales. Any disputes or claims will be subject to the exclusive jurisdiction of the courts of England and Wales.