TERMS OF SERVICE.

All projects undertaken by Squared Studios. Ltd. will be subject to the following terms of service. Any changes to these terms of service shall only be valid if agreed in writing and signed by authorised representatives of both the client and Squared Studios. Ltd.

1. SCOPE OF SERVICES.

i. Pre-Production

The scope of service entails, these services would have taken place prior to the receival of this work order agreement. 

  • Squared Studios receives a brief from the client with their requirements and creative inputs.

  • Squared Studios provides an proposal/quote which the client is expected to pay a 50% deposit that secures the booking slot.

  • Client and Squared Studios hold a discussion via e-mail, phone or physical meeting to discuss any queries from the client and to further discuss creative suggestions/requirements.

  • Once the creative direction has been approved, Squared Studios may begin to source props, backgrounds and objects used to build required sets. 

ii. Photographic Service

The scope of service entails;

  • Cleaning and preparing products for the shoot.

  • Sourcing and/or producing props and building set designs in accordance with client’s brief and pre-production agreements.

  • Shooting products in accordance with pre-production agreements and briefs.

iii. Post-Production
The scope of service entails;

  • Colour Correction and Retouching proofs of flaws and debris. 

  • Formatting images in accordance with the pre-production agreements and briefs. 

  • Uploading the final files for delivery to the client via a private Google Drive link.

  • Squared Studios sends a confirmation email of service completion and an invoice detailing the outstanding balance.

iv. Usage and Licensing 

Squared Studios will grant commercial-usage licensing for all final images/videos provided to the Client. This commercial-usage licence permits use of the images/videos based on what has been agreed upon in the project brief.

Squared Studios reserves the right to use the images for personal-usage and commercial-usage permitting the Squared Studios to advertise their services, showcase portfolios and distribution. 

v. Alterations to the Scope of Services

Where extra expenses or time are incurred by the Squared Studios as a result of alterations to the original brief by the client, or otherwise at their request, the Client is liable to pay such extra expenses or fees at an agreed rate presented on the final invoice. 

Expenses are listed in full on the estimate supplied to the client and summarised on the final invoice.

2. TURNAROUND TIMES AND ESTIMATED TIMETABLE.

i. All turnaround times quoted are based on working days only.

ii. Our normal working hours/days are 9:00am-18:00pm Monday-Friday.

iii. Any requests made outside of these hours will be at the Company’s discretion and availability and will incur additional costs.

iv. Priority services for delivery are an additional cost and must be made known to Squared Studios in advance.

v. Squared Studios will deliver final photos in an online gallery to Client no later than thirty days (30 days) after the confirmed date of the shoot.

vi. Amendments outside of the scope of services will add a maximum of 14 working days.

3. DELIVERY AND RETURNS.

i. It is our client’s responsibility to make any claims to couriers for any loss or damage to their products to and from Squared Studios. Ltd. We accept no responsibility once your goods have left our premises. 

ii. Perishable products that are opened for the purpose of the shoot will be discarded of and may not be returned.

iii. We can store products for up to 30 days if another shoot is booked in with Squared Studios. If another shoot is not booked in, this stock will be disposed of.

4. CEASING OF SERVICE.

i. The service provided by Squared Studios. Ltd. can be withdrawn at any time.

5. PAYMENT.

i. All confirmed bookings require a 50% non-refundable deposit before any work commences. This will cover pre-production expenses and securing a time slot at Squared Studios. Ltd. 

ii. Payment of any outstanding balances must be resolved before any images are released to the client. 

iii. We accept payment via Bank Transfer (BACS), Direct-Debit (Retainer Plans), Paypal and most major credit/debit cards. Clients wishing to discuss alternative payment options should contact us.

iv. All figures provided to the Client are estimates and not a final quotation, therefore allow 10% contingency budget on all estimates. Final quotations are supplied within the final invoice, unless stated by Squared Studio.

6. UNPAID INVOICES.

i. If payment is not made by the due date specified in our invoice, we reserve our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

ii. We reserve the right to charge a fee of £20 for each account reminder, duplicate invoice, or any other correspondence, paperwork or phone call involved with the recovery of a debt / unpaid invoice. This is non-refundable and represents time spent pursuing overdue invoices.

iii. In addition, in the event of an unpaid invoice, Squared Studios. Ltd. reserve the right to revoke all discounts relating to this job (and or any other jobs to be completed for a client) where invoices remain unpaid, making such discounts null & void and to revert to our full standard pricing structure appropriate to the job.  We also reserve the right to suspend the provision of our services until payment of all overdue invoices have been paid to us in full and cleared funds.​

iv. If Squared Studios. Ltd. incur any recovery costs due to the non-payment of the unpaid invoice this is payable by the client.​

7. RESUPPLY OF IMAGES/IMAGE CHANGES.

i. If we are requested to resupply any images after 30 days from the date of deliverables there will be a handling fee of £50 plus £30p/hr for any further post-production services.

8. CANCELLATION. 

i. Squared Studios reserves the right to retain the non-refundable deposit as a result of loss of time, pre-production expenses, etc. If a confirmed shoot is cancelled, postponed or it is necessary to reshoot for reasons outside the control of the Photographer (including but not limited to unsuitable weather/light), after the images have been produced, Squared Studios reserves the right to request the outstanding balance of an invoice, null and void of any discounts or promotional pricing offered.

9. INSURANCE AND LIABILITY. 

i. Squared Studios. Ltd. does not provide insurance cover for clients products whilst they are in our studio. We advise the client to arrange their own adequate cover to insure against, loss, theft and damage whilst in our studio and handled by our staff.

ii. Squared Studios. Ltd. shall not be liable (whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with these terms and conditions for loss of profits, loss of sales or business, loss of contracts, loss of anticipated savings, loss of or damage to goodwill, or any other indirect or consequential losses.​

iii. Nothing in these terms of service seeks to limit or exclude our liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.​

10. PHOTOGRAPHY BRIEF.

i. Specific instructions on how you wish your products to be photographed must be made clear to Squared Studios. Ltd. in the Project Brief before commencement of work. Photographic services will begin on the scheduled date following acceptance and mutual understanding of a written or verbal Brief (to be confirmed in writing, including by email) provided by the Client. Any re-shoots of rejected images will incur additional costs to the Client, if Squared Studios. Ltd. have adhered to the Brief and the client makes changes to the Brief after the images have been photographed. ​

11. FEES, ESTIMATES AND INVOICES.

i. All 50% deposits are calculated from the proposal/quote.

ii. A final Invoice will be provided to the client, once Squared Studios has confirmed completion of the services.

iii. Props and sourced materials will be acquired once deposit has been received.

iv. If the shoot involves additional expenses not directly relating to photographic service expenses, these will be made billable in advance in-conjunction with the 50% deposit.

12. COPYRIGHT AND OWNERSHIP OF MATERIALS.

i. Squared Studios. Ltd retains copyright on all images supplied to our Clients. However, once we receive payment (in full and cleared funds) of our invoices for services (including any post-production fees or other charges applicable), we grant the client a “Usage License” for the Client to use the images for the purposes of their business, as per the Project Brief. Clients must adhere to the Usage License terms that Squared Studios Ltd provides in writing upon completion of work.  

ii. Should a Client default on an invoice for payment in respect of images, the licence under clause 11.1 shall not be granted by Squared Studios Ltd and we reserve the right to request all copies of images supplied to the Client in respect of which payment has not been received.​

iii. In all cases, images supplied by Squared Studios Ltd. cannot be used for the marketing of services that may be construed to be in direct competition of the Squared Studios Ltd. Including but not limited to Photographic and Design Services.

iv. Changes to the Usage License required must be negotiated with Squared Studios Ltd.

v. For the period specified the Usage Licence is granted exclusively, aside from Squared Studios Ltd self promotional purposes. Where Photographs are stored electronically, they must be erased at the conclusion of the agreed usage period.

13. USAGE.

i. The Usage Licence comes into effect from the date of full payment of the relevant invoice(s). The period of usage commences from date of first use (or 6 months after shoot date, whichever is sooner).

ii. No use may be made of the Photographs before payment in full of the relevant invoices(s) without Squared Studios Ltd’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.

iii. Where use is restricted in the Usage Licence, permission to use the Photograph/s for other purposes will normally be granted upon full payment of a further fee, to be agreed with Squared Studios Ltd. The Usage Licence only applies to the advertiser and products as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'All Media Licence' is granted, Squared Studios’ permission must be obtained before any use of the Photographs for other purposes e.g use in relation to another product or sub licencing through a photolibrary. 

iv. An agreement must be reached with Squared Studios Ltd before the Photographs may be used for other purposes. All further Licences in respect of the Photographs will be subject to these terms of services. Any estimates of usage fees to the client are valid for a period of six months only from the estimate date. We reserve the right to renegotiate these fees after this period has expired. Any unauthorised use of the Photograph/s by the Client, beyond the usage constraints agreed with us, will be subject to further usage fees.

v. The Usage Fee is included within the photographic fee and undetachable if the client decides not to use the images.

​14. PRODUCTS DELIVERED TO THE STUDIO.

i. All items delivered to Squared Studios Ltd. must arrive in the condition that they are to be shot. Should there be any shortages of incorrect products delivered, we reserve the right to postpone the shoot until all correct items have been received. A charge of 20% of the total quoted job may be payable to Squared Studios. Ltd. should we incur loss of profit or studio down-time caused by the above.

ii. Squared Studios Ltd reserves the right to alter the products received; this could mean the removal of sales tags, back labels, etc. We would never remove labels that display a client’s logo but we may remove labels that hinder the process/outcome of the shoot.

15. CLIENT DISSATISFACTION AND SERVICE REVIEW.

i. In the event of dissatisfaction of our services or a grave failure to meet the brief specifications, we will offer a reshoot and/or post-production amendments, free of charge. Any additional reshoots and/or post-production services after our reconcilement attempts will incur additional charges. 

16. RIGHT TO CREDIT.

i. Squared Studios Ltd must be credited on all editorial uses and in other cases if stated on the proposal.

17. ACTS OF GOD.

i. Squared Studios Ltd. shall have no liability to the client if their service is delayed or prevented by events, acts, accidents beyond their control, including (but not limited to) an act of war, riot, civil commotion, fire, flood, storm and breakdown of machinery, failure of utility service or delays in transport network. 

18. INDEMNITY.

i. Squared Studios Ltd shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify Squared Studios Ltd against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

19. MARKETING AND PROMOTIONAL MATERIAL.

i. Squared Studios. Ltd. reserves the right to use images that it has created in its marketing and promotional materials.  The Client agrees that images created on its behalf can be used by Squared Studios. Ltd. for such purposes, unless otherwise agreed in writing between the parties.​

20. LAW AND JURISDICTION.

i. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).

21. CONFIDENTIALITY.

i. It shall be the sole responsibility of the Client to arrange for Squared Studios Ltd plus any third party involved to enter into any confidentiality agreement. Squared Studio Ltd cannot be held liable for any breach of confidentiality by any third party.

22. VARIATION.

i. These Terms of Service shall not be varied except by agreement in writing.

23. THIRD PARTIES.

i. Bookings of all third party suppliers are subject to such terms and conditions as these parties may impose - available on request. Model fees estimated cover modelling time and usage as stated on Proposal/Quote. Squared Studios Ltd takes no liability for model fees incurred due to additional usage of images above and beyond the usage stated on final Invoice. It is the clients responsibility to contact models/model agents directly unless otherwise agreed.