Terms And Conditions

These Terms and Conditions (“Terms”) govern the supply of photography, videography, web design, marketing, and related services by EyeMedia Ltd (“we,” “us,” “our”) to business clients (“you,” “your”). By commissioning services, you agree to be bound by these Terms.

1. Definitions

• “Services”: Photography, videography, video editing, web design, SEO, digital marketing, and related media services.
• “Deliverables”: Final high-resolution media files, completed websites, marketing materials, or digital content provided to you.
• “Download Link”: Secure online access provided for retrieval of Deliverables.
• “Project”: A defined, one-off assignment agreed in writing.
• “Retainer Services”: Ongoing or recurring services under a minimum term.
• “Revisions”: Minor amendments to Deliverables requested after initial delivery.

2. Services

2.1 We provide:

• Photography & Videography: Branding, commercial, corporate, events, product shoots, interviews, and video production.
• Video Editing & Post-Production: Cutting, colour grading, sound, graphics, and final edits.
• Web Design & Development: Website design, build, hosting, and maintenance (where agreed).
• Marketing Services: SEO, social media management, campaign content, paid advertising (where agreed).

2.2 Deliverables are supplied within agreed timelines. For media projects, typical delivery is up to 48 hours for images and longer for videos. For websites, delivery depends on project scope.

2.3 Rush delivery is available on request at additional cost.

2.4 Revisions: One round of minor edits is included in the quoted fee. Additional revisions will be chargeable.

2.5 Any services outside the agreed scope require a separate written agreement.

3. Formation of Contract

3.1 A contract is formed when you accept our written quotation, proposal, or invoice.
3.2 These Terms apply unless varied in writing.
3.3 We may refuse or cancel services at our discretion.

4. Client Obligations

4.1 You must provide timely access to information, content, branding, and materials necessary for us to perform the Services.
4.2 You are responsible for ensuring that all materials you supply are lawful and do not infringe third-party rights.
4.3 For web design and marketing, you remain responsible for the accuracy and legality of content published.

5. Fees & Payment

5.1 Fees are as quoted or invoiced.
5.2 Prices exclude VAT (we are not VAT registered).
5.3 Invoices are payable within 30 days.
5.4 Deliverables may be withheld until full payment is received.
5.5 Fees are non-refundable once services commence or Deliverables are provided.

6. Contract Duration & Termination

6.1 Project-Based Contracts: End upon completion and full payment.
6.2 Retainer Contracts (e.g., ongoing marketing or hosting):

• Minimum term of 3 months.
• After the minimum term, either party may terminate with 30 days’ written notice.
  6.3 Either party may terminate immediately in the event of material breach.

7. Delivery & Acceptance

7.1 Media Deliverables are provided via Download Links.
7.2 Websites and digital content are deemed accepted upon your written confirmation or within 7 days of delivery if no issues are raised.
7.3 We are not responsible for permanent storage of Deliverables; please download and back up promptly.

8. Intellectual Property & Usage Rights

8.1 We retain all rights in raw images, raw video footage, draft edits, and website source files until full payment.
8.2 Upon payment:

• For media Deliverables, you receive a non-exclusive, perpetual business-use licence.
• For websites, ownership of final build passes to you (excluding third-party plugins, stock assets, or proprietary code).
• For marketing content, you receive a licence to use content created for the campaign.
  8.3 You may not resell, sublicense, or misrepresent Deliverables without consent.

9. Marketing & SEO Disclaimer

9.1 We do not guarantee specific outcomes such as search engine rankings, traffic levels, or campaign conversions.
9.2 Marketing and SEO results are influenced by external factors beyond our control.

10. Data Protection & GDPR

10.1 We comply with UK GDPR and the Data Protection Act 2018.
10.2 Where we process personal data on your behalf, we act as a data processor; for our own business records, we act as a data controller.
10.3 You confirm that any personal data supplied has been lawfully obtained.

11. Confidentiality

11.1 Both parties agree to treat all confidential information as private.
11.2 Obligations continue beyond contract termination.

12. Service Level Agreement (SLA)

12.1 Support Response Times

• Standard support queries: response within 2 business days.
• Urgent website issues (site down, security breach): initial response within 8 business hours.
• Marketing and campaign queries: response within 2 business days.

12.2 Website Hosting & Uptime

• Where we provide hosting, we aim for 99% uptime measured monthly.
• Scheduled maintenance will be communicated in advance where possible.
• We are not responsible for downtime caused by third-party providers, domain registrars, or force majeure events.

12.3 Bug Fixes & Maintenance

• Bugs identified within 30 days of delivery will be fixed at no additional cost.
• Fixes outside this period, or arising from client changes/third-party modifications, will be chargeable.

12.4 Marketing Campaigns

• We will perform services with reasonable care and skill but do not guarantee rankings, traffic, or ROI due to factors outside our control (e.g., algorithm changes, ad platform restrictions).

12.5 Client Responsibilities

• You must provide timely approvals, content, and instructions.
• Delays caused by you may affect delivery timelines and do not constitute a breach by us.

13. Limitation of Liability

13.1 We are not liable for:

• Indirect or consequential losses.
• Loss of profit, revenue, data, or reputation.
  13.2 Our liability is capped at the total fees paid under the relevant contract.
  13.3 Nothing excludes liability for death, personal injury, fraud, or matters which cannot be excluded by law.

14. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, outages, or supplier failures.

15. Governing Law

These Terms are governed by the laws of England and Wales, with disputes subject to the exclusive jurisdiction of its courts.