Terms and Conditions for Engaging Imagination Collective Ltd (trading as Imagination Media)
Effective Date: August 15, 2024
These Terms and Conditions ("Terms") govern the provision of services by Imagination Collective Ltd, trading as Imagination Media ("we", "our", "us"), to the client ("you", "your"). By engaging our services, you agree to be bound by these Terms. Please read them carefully.
1. Services
1.1 Scope of Work: The specific services to be provided, including videography, branding, social media management, website design, PR, and AI website integrations, will be outlined in a separate written agreement or proposal ("Service Agreement") agreed upon by both parties.
1.2 Amendments: Any changes to the scope of work or additional services must be agreed upon in writing and may result in additional fees.
1.3 Timeline: We will endeavour to meet the timelines specified in the Service Agreement. However, delays may occur due to factors beyond our control, and we are not liable for such delays.
2. Fees and Payment
2.1 Pricing: The fees for our services will be specified in the Service Agreement. All fees are exclusive of VAT, which will be added where applicable.
2.2 Payment Terms: Invoices will be issued according to the payment schedule outlined in the Service Agreement. Payment is due within 30 days of the invoice date unless otherwise stated.
2.3 Late Payment: Late payments may incur interest at a rate of 2% per month from the due date until the payment is made in full. We reserve the right to suspend services until full payment is received.
2.4 Expenses: Any additional expenses incurred during the provision of services, such as travel or material costs, will be invoiced separately and agreed upon in advance.
3. Client Responsibilities
3.1 Provision of Information: You agree to provide all necessary information, materials, and approvals in a timely manner to enable us to perform the services.
3.2 Collaboration: You agree to cooperate with us throughout the project, including attending meetings, reviewing work, and providing feedback as required.
3.3 Intellectual Property: You confirm that you have the rights to all materials provided to us for use in the project and that our use of these materials will not infringe on any third-party rights.
4. Intellectual Property Rights
4.1 Ownership: All intellectual property rights created by us during the course of providing services, including but not limited to designs, videos, and content, will remain our property until full payment is received.
4.2 License: Upon full payment, we grant you a non-exclusive, non-transferable license to use the deliverables as specified in the Service Agreement.
4.3 Third-Party Rights: Any third-party materials incorporated into the deliverables will be subject to the rights and licenses granted by the respective third-party owners.
5. Confidentiality
5.1 Non-Disclosure: Both parties agree to keep all confidential information received from the other party strictly confidential and not to disclose it to any third party without prior written consent.
5.2 Use of Confidential Information: Confidential information will only be used for the purpose of fulfilling obligations under these Terms and the Service Agreement.
6. Liability
6.1 Limitation of Liability: Our liability for any claim arising out of the provision of services will be limited to the amount paid by you for those services. We will not be liable for any indirect, consequential, or special damages, including loss of profits, business interruption, or loss of data.
6.2 Indemnity: You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your breach of these Terms or the Service Agreement.
7. Termination
7.1 Termination by Either Party: Either party may terminate the Service Agreement by giving 30 days’ written notice to the other party.
7.2 Termination for Breach: We may terminate the Service Agreement immediately if you fail to make payment or breach any other material term of these Terms.
7.3 Effect of Termination: Upon termination, you will pay for all services rendered up to the termination date. All licenses granted to you will also terminate unless expressly agreed otherwise.
8. Governing Law and Jurisdiction
8.1 Governing Law: These Terms and the Service Agreement will be governed by and construed in accordance with the laws of the United Kingdom.
8.2 Jurisdiction: Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of the United Kingdom.
9. General Provisions
9.1 Entire Agreement: These Terms, together with the Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
9.2 Amendments: Any amendments to these Terms must be in writing and signed by both parties.
9.3 Force Majeure: We will not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of terrorism, or government actions.
9.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
10. Contact Information
If you have any questions about these Terms, please contact us at:
Imagination Collective Ltd (trading as Imagination Media)
106A New Kings Road
London, SW6 4LY
United Kingdom
Email: enquires@imaginationmedia.co.uk
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.