T's & C's

These terms and conditions outline the expectations for our collaboration, ensuring a smooth and successful partnership.

By engaging with our services, you agree to the following terms.

Scope of Services

Tom Carder Media Ltd specialises in visual storytelling through the following services:

• Photography
• Videography
• Drone Footage
• Post-Production (including colour grading)
• Art Direction

Each project is customised to the client’s needs, and combined packages of photography, videography and/or drone footage are available.

Pricing & Payment

• Pricing Structure: Each project is priced based on deliverables and the use of content.
  We offer half-day and full-day packages.
  Additional costs include travel expenses, special equipment rental, and extra editing time.
  Travel expenses are charged at 50p per mile beyond a 20-mile radius from our studio.
  Any overnight stays or overseas travel required for the project will be charged to the client.
• Payment Terms: A 25% deposit is required upon acceptance of the quote to secure the shoot date.
  For smaller projects, the remaining balance is due within 14 days of the final invoice date.
  For larger projects, payment schedules and dates will be agreed upon at the proposal stage and must be adhered to, regardless of project creep, unless delays are due to the fault of Tom Carder Media.
  Late payments exceeding the agreed due dates will incur a 5% late fee.
  Content usage rights are only granted once the final balance has been paid.

Project Workflow

• Project Timeline: Once a client approves the quote, we will conduct preliminary research before production.
  After production, the client must sign off on the music choice (if any) before post-production begins, including colour grading.
• Commercial projects are to be signed off within 3 weeks after production, while wedding projects are to be signed off within 6 weeks after production.

Clients Are Responsible For

• Providing a full and accurate brief, working with Tom Carder Media to create it if required.
  This brief must be signed off before production commences.
• Signing off the music choice for the project
• Providing branding materials for overlays
• Maintaining open communication to meet deadlines

Revisions & Approvals

Revisions Policy: Two revisions per project are included.
Additional revisions will be charged at £75 per hour.

Approval Process

Initial Quote Approval: Once the client receives the quote, it must be reviewed and approved before any work commences.
Any changes to the quote should be discussed and agreed upon in writing.

Brief & Project Outline Approval: The client must provide a full and accurate brief, working with Tom Carder Media to create it if necessary.
This brief needs to be signed off before production begins.
A detailed project outline will be provided based on the approved brief, and the client must review and approve this outline.

Pre-Production Approval: For projects involving music, the client must sign off on the music choice before post-production begins.
This is crucial as changes to music later in the process can significantly impact timelines and costs.

Milestone Approvals: At various milestones during the project (e.g., after initial filming, during post-production), the client will be presented with drafts or previews.
The client must review these drafts and provide feedback or approval within the specified timeframes to ensure the project stays on schedule.

Final Approval: Upon completion of the project, the final deliverables will be presented to the client for review.
The client must provide final approval or request minor adjustments within a reasonable timeframe.
Any requests for changes after the final approval may incur additional costs.

Sign-Off: Once the final deliverables are approved, the client must provide a formal sign-off in writing.
No further changes will be made after the final sign-off unless agreed upon, and additional costs may apply.

Intellectual Property & Licensing

Ownership & Usage Rights: Tom Carder Media Ltd retains full copyright ownership of all media produced unless otherwise agreed in writing.
Clients are granted a usage licence based on the agreed scope of the project.
Licences are tailored to fit the intended use of the content and can be expanded if required.

Standard Licence (Included with Most Projects)

• Usage: Social media, website, and online platforms.
• Duration: 10 years (renewable).
• Territory: UK only.
• Restrictions: No resale, third-party distribution, or commercial advertising without an upgraded licence.

Extended Licence Options

1. Commercial Licence (Per-Project Basis):

• Usage: Online ads, digital marketing, email campaigns.
• Duration: Negotiable (typically 3–5 years).
• Territory: UK or international options.

2. Advertising Licence:

• Usage: Print, TV, billboards, large-scale advertising.​
• Duration: 1–3 years (renewable).
• Territory: Regional, national, or international.

3. Third-Party Licence:

• Usage: Allows content to be shared or sublicensed to third parties (e.g., partners, suppliers).
• Duration: 3–5 years.
• Territory: UK or global.

RAW Files: RAW files are not provided unless explicitly agreed upon.
If provided, a separate licence fee will apply.

Licence Upgrades & Renewals: Clients may upgrade or renew licences at any time.
Fees will be calculated based on the intended usage, duration, and territory.

Retainer Clients

For clients on a retainer agreement, project timelines, deliverables, and payment schedules will be governed by the terms outlined in the separate retainer contract.
This agreement will specify the scope of ongoing work and any additional fees for services outside the agreed scope.
In case of any conflict between these Terms & Conditions and the retainer agreement, the terms of the retainer agreement will prevail.

Confidentiality & Data Protection

Confidentiality: We adhere to all non-disclosure agreements (NDAs) if required.
Confidential information provided by clients is handled with the utmost care.

Data Protection: Tom Carder Media is committed to protecting your personal data and complying with the General Data Protection Regulation (GDPR).
Please contact us on tom@tomcardermedia.com if you would like a copy of our GDPR Policy.

Cancellations

Deposit & Booking: A non-refundable deposit of 25% is required upon booking a project.
This deposit secures the booking and covers initial preparations.

Client-Initiated Cancellation: If the client cancels the project more than 48 hours before the scheduled shoot, the deposit remains non-refundable, but no additional charges will be incurred.

If the client cancels within 48 hours of the scheduled shoot, the deposit remains non-refundable, and an additional fee equivalent to a full day of production will be charged to cover lost time and resources.

Weather-Dependent Projects: For projects dependent on weather conditions, clients must notify Tom Carder Media no later than 48 hours before the shoot if they wish to reschedule due to adverse weather.
If the client decides to proceed despite adverse weather conditions and later cancels within 48 hours of the production, a fee equivalent to a full day of production will be charged.

Rescheduling: If a project needs to be rescheduled due to unforeseen circumstances, clients must provide at least 48 hours’ notice.
Tom Carder Media will make reasonable efforts to accommodate the new schedule, but availability cannot be guaranteed.

Company-Initiated Cancellation: In the unlikely event that Tom Carder Media needs to cancel a project, a full refund of any payments made (including the deposit) will be provided.
Tom Carder Media will work with the client to reschedule the project at a mutually convenient time.

Refund Policy

Partial refunds may be considered on a case-by-case basis and are at the discretion of Tom Carder Media.
Refunds will generally only be considered if the final deliverables significantly deviate from the agreed brief and cannot be rectified through the revision process.

Liability & Disputes

Liability Limitations: Our liability is limited as per our insurance policy.
This can be provided upon request if required.

Dispute Resolution: In the event of a dispute, both parties shall first attempt to resolve the issue amicably within 30 days of written notice.

Additional Clauses

Force Majeure: We are not liable for delays or cancellations due to unforeseen events such as adverse weather conditions.

Governing Law: These terms and conditions are governed by the laws of England and Wales.

Amendments: Tom Carder Media Ltd reserves the right to amend these terms and conditions at any time.
Clients will be notified of any changes, and continued use of services will be deemed as acceptance of the new terms.

Entire Agreement: These terms and conditions, together with the project brief and any other documents expressly incorporated by reference, constitute the entire agreement between the parties.

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