Terms & Conditions of Service
1.1 In these Terms and Conditions:
“Company”, “we”, “us”, “our” means Aquarius Creative Limited, a UK-registered company.
“Client”, “you”, “your” means the party who commissions or pays for the services (or any person acting on their behalf).
“Deliverables” means the final video, film, audio, graphical, photographic or associated work product produced under the Agreement.
“Project” means the scope of work agreed between the Company and Client (pre-production, production, post-production) as set out in a signed proposal or quotation.
“Materials” means any images, music, logos, trademarks, footage, scripts, copy, designs, third-party content or other material provided by the Client.
“Agreement” means the contract formed by the Client’s acceptance of the quotation or proposal, or instruction to proceed, together with these Terms and Conditions.
1.2 These Terms apply to all services provided by the Company, unless otherwise agreed in writing.
1.3 Any variation to these Terms must be agreed in writing by both parties.
2.1 All work will be carried out in accordance with the agreed quotation, proposal or scope document. The Client must review and confirm the quotation or proposal before work begins.
2.2 If the Client requests changes or additions beyond the agreed scope, we will issue a revised quotation or change order. We will not proceed with out-of-scope work until approved in writing.
2.3 The quotation will include (or the parties shall agree) deliverables, timelines, rates/days, travel or expense costs, approval cycles, deadlines, and any assumptions.
2.4 Unless otherwise stated, expenses (travel, accommodation, props, external hires, location fees, meals, courier, etc.) will be invoiced in addition to the quoted fee, subject to prior client approval where practicable.
3.1 The Client shall pay a non-refundable deposit, typically (unless otherwise agreed) 50% of the project fee, before any substantive work (pre-production or booking) begins.
3.2 The balance is invoiced in instalments (e.g. 25% upon completion of filming, final 25% upon delivery), or as otherwise set out in the proposal.
3.3 All invoices are payable 30 calendar days from invoice date (unless otherwise agreed).
3.4 Late payments shall incur interest at the rate permissible under UK law (e.g. under the Late Payment of Commercial Debts (Interest) Act). The Company may also recover debt recovery costs.
3.5 We reserve the right to withhold deliverables, final files or licences until all invoices are paid in full.
3.6 The deposit is forfeited if the Client cancels after work has commenced.
4.1 The Client may cancel the Project by written notice. The following cancellation fees apply:
Timing of Cancellation Fee Payable
More than 15 days before commencement: 25% of total fee
5–15 days before commencement: 50% of total fee
Less than 5 days before commencement: 100% of total fee
4.2 If either party is in material breach of the Agreement and fails to remedy within a reasonable time after notice, the other party may terminate.
4.3 On termination, the Client must pay for work done to date, and any non-recoverable costs incurred.
4.4 Videographer Unavailability. In the event that Aquarius Creative Limited (the “Videographer”) is unable to attend the scheduled event or filming session due to illness, injury, or other unforeseen circumstances beyond the Videographer’s control, every reasonable effort will be made to arrange for a suitably qualified and experienced replacement to fulfil the booking. If a replacement cannot be arranged, any payments made for services not yet provided will be refunded in full. Aquarius Creative Limited will not be liable for any further costs, damages, or losses (including consequential or indirect losses) arising from the Videographer’s non-attendance or cancellation due to such circumstances.
5.1 The Client must provide materials, feedback, access, permissions, location consent, and approvals in a timely manner. Delays caused by the Client may lead to revised schedules and additional charges.
5.2 The Client is responsible for clearing all third-party rights (copyright, music licences, trademarks, release forms, clearances) in all Materials provided.
5.3 The Client shall indemnify the Company against claims, losses, liabilities, damages, costs (including legal fees) arising from use of Materials without proper clearance.
5.4 The Client must designate a single point of contact for feedback and approvals.
6.1 The Company will use reasonable skill, care and professionalism in providing the services.
6.2 A “standard shooting day” is 8 hours of crew time (excluding travel). Overtime, additional days, or unscheduled changes will be charged at agreed rates.
6.3 The Client shall ensure safe access, permissions, facilities, power, health & safety compliance, and liaise with site owners as needed.
6.4 We reserve the right to suspend or remove personnel/equipment from a location if conditions are unsafe or unacceptable.
6.5 The Company will maintain appropriate insurances (public liability, professional indemnity). The Client should arrange insurance for their own property, equipment, or personnel.
7.1 The Client is entitled to up to three rounds of reasonable revisions within the agreed scope. Reasonable revisions may include minor changes to timing, transitions, colour correction, etc.
7.2 Any requests outside the original scope or beyond three rounds will be treated as additional work and invoiced separately.
7.3 The Client must provide consolidated feedback in writing (or via annotated video review tools) within agreed deadlines; delays may impact the schedule or incur extra charges.
7.4 Once the Client gives formal sign-off of the final version in writing, the Project is deemed complete and the Company may publish or deliver final materials.
8.1 Until full payment is received, all copyright, ownership, and rights in the Project remain with the Company.
8.2 Upon full payment, the Company grants the Client a perpetual, non-exclusive licence to use the deliverables in their delivered form, for the purposes agreed (e.g. marketing, broadcast, web).
8.3 The Client may re-edit, remix, alter, or incorporate the Deliverables into a new production without prior written permission.
8.3 The Company retains the right to use footage, materials, and Deliverables for self-promotion, portfolios and showreels unless an exclusive licence is expressly agreed.
8.4 If Client has not paid in full, the Company may reclaim use rights or disable public access.
9.1 Raw footage, filming materials, project files (e.g., editing timelines, source files) are not included unless expressly agreed.
9.2 If the Client requests access to raw footage or project files, a fee may apply.
9.3 Any use or distribution of raw footage or project files must comply with licensing terms agreed in writing.
10.1 The Company offers a minimum of 6 months backup and storage of project files.
10.2 After the storage period ends (or if the Client declines renewal), files may be deleted.
10.3 Responsibility for long-term storage and archiving rests with the Client (unless otherwise agreed).
11.1 In case of adverse weather or conditions beyond control (force majeure), we may reschedule or suspend production.
11.2 If the Client insists on proceeding under poor conditions, any extra costs or delays are at the Client’s expense.
11.3 Neither party is liable for delay or failure to perform due to events beyond their reasonable control (e.g. acts of God, fire, strikes, regulatory changes).
12.1 To the fullest extent permitted by law, our liability for any claim arising under or in connection with the Agreement is limited to the total fees paid by the Client.
12.2 We shall not be liable for indirect, consequential, special, or punitive losses (including loss of profit, loss of revenue, loss of business).
12.3 The Client indemnifies the Company against all claims, liabilities, losses, costs, demands or expenses (including legal fees) arising from breach of the Agreement, misuse of Deliverables, or third-party claims arising from Materials or Client’s use.
13.1 The Company reserves the right to refuse to produce, publish or broadcast any content it deems obscene, defamatory, infringing, illegal or morally objectionable.
13.2 The Client may be asked to amend or remove such content. If insistence remains, the Company may withdraw without liability, and the Client is still liable for work done.
14.1 Once the Client has approved the final Deliverables in writing, the Company is not responsible for any errors or defects in those materials if used, published or broadcast.
15.1 These Terms and the Agreement are governed by the laws of England & Wales.
15.2 The parties submit to the non-exclusive jurisdiction of the courts of England & Wales.
16.1 If any provision is found unenforceable, the remainder of the Terms shall remain valid.
16.2 Headings are for convenience only and do not affect interpretation.
16.3 No waiver by the Company of any default or breach shall be deemed waiver of any subsequent default or breach.
16.4 The Client may not assign or transfer the Agreement without the Company’s prior written consent.
16.5 These Terms, together with the accepted proposal/quotation and any schedules or attachments, constitute the entire agreement between the parties, superseding prior communications or agreements.