These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by KiK Creative (we or us or Service Provider) to the person buying the services (you or Customer).
You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.
We warrant that we will use reasonable care and skill in our performance of the Services, which will comply with the quotation (including any specification) in all material respects. We can make any changes to the Services that are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any relevant information, materials, properties and other matters that we need to provide the Services. If you fail to fulfil your obligations under this section, we can terminate the Services.
You are responsible for obtaining and paying for any releases, location permissions, or permits required for a shoot, unless otherwise specified in writing. We are not liable if required permissions are not obtained.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with this section (Your obligations).
The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services. You must pay us for any additional services provided by us that are not specified in the quotation, in accordance with our then-current applicable daily rate in effect at the time of performance, or such other rate as may be agreed between us. The provisions of this clause also apply to these additional services. The Fees are exclusive of any applicable VAT and other taxes or levies imposed by any competent authority. You must pay a deposit (“Deposit”) as detailed in the quotation within 7 days of acceptance. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or terminate under the provisions below (Termination). The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
We shall be entitled to terminate this Agreement upon your material breach (including without limitation non-payment of any sum due) unless you remedy that breach within 7 days of its occurrence. We will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by any unforeseen contingency beyond our reasonable control, including without limitation Internet outages, communications outages, fire, flood, war or act of God. If you wish to cancel or postpone our Services at any time (other than in the event of a material breach by us of a fundamental term of this Agreement), we shall be entitled to recover the following proportions of the Fees: Where cancellation or postponement is communicated more than 10 working days in advance of the Shoot Date, we shall not be entitled to any proportion of the Fees. Where cancellation or postponement is communicated between 10 working days and 48 hours in advance of the Shoot Date, we shall, at our option, be entitled to recover 50% of the Fees. Where cancellation or postponement is communicated within 48 hours before the Shoot Date, or if no such communication is given, we shall, at our option, be entitled to recover 100% of the Fees. During the course of this Agreement and for a period of 12 months afterwards, you shall not solicit our staff, or any person employed or engaged by us in relation to the provision of the Services in the 6 months prior to expiry or termination of this Agreement, nor entice them to transfer their employment or services.
We will invoice you for payment of the Fees either when we have completed the Services or on the invoice dates set out in the quotation. You must pay the Fees due within 1 day of the date of our invoice or otherwise in accordance with any credit terms agreed between us. Time for payment shall be of the essence of the Contract. Without limiting any other right or remedy, if you do not pay within the period set out above, we will charge interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law, and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services that have been ordered by, or otherwise arranged with, you. Receipts for payment will be issued by us only at your request. All payments must be made in British Pounds unless otherwise agreed in writing between us.
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
We can terminate the provision of the Services immediately if you commit a material breach of your obligations under these Terms and Conditions; fail to pay any amount due under the Contract on the due date for payment; or are or become (or in our reasonable opinion are about to become) subject to a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; or if you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986 or any other scheme or arrangement made with creditors; or convene any meeting of creditors, enter into voluntary or compulsory liquidation, or have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings.
The licence to use any photographs we supply comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without our express permission. Any permission given for prior use will automatically be revoked if full payment is not made by the due date or if you are put into receivership or liquidation. The licence only applies to the advertiser and product stated in the quotation or brief, and its benefit shall not be assigned to any third party without our permission. Even where an ‘all media’ licence is granted, our permission must be obtained before any use of the photographs for other purposes (e.g., use in relation to another product or sub-licensing through a photo library). Permission to use the photographs for purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further licences in respect of the photographs will be subject to these Terms and Conditions.
Our liability under these Terms and Conditions, in breach of statutory duty, tort, misrepresentation, or otherwise, shall be limited to the total amount of Fees payable by you under the Contract. We are not liable (whether caused by our employees, agents, or otherwise) for any indirect, special or consequential loss, damage, costs, or expenses; any loss of profits, anticipated profits, business, data, reputation or goodwill; business interruption; other third-party claims; any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or any losses caused directly or indirectly by your failure to meet your obligations. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation, or for any other matter for which it would be unlawful to exclude or limit liability.
We will store final images, raw files, or video footage for up to 12 months from the date of delivery. After 12 months, we may delete them unless otherwise agreed in writing. It is your responsibility to back up and safely store all deliverables.
Our Fees include up to 2 revisions for creative work (such as design or post-production edits). Any additional changes beyond these 2 revisions will be charged at our then-current daily or hourly rate.
When supplying the Services to you, we may gain access to and/or acquire the ability to transfer, store or process personal data of your employees. The parties agree that where such processing of personal data takes place, you shall be the ‘data controller’ and we shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR), as may be amended, extended or re-enacted from time to time. We shall only process personal data to the extent reasonably required to enable us to supply the Services or as requested by and agreed with you, shall not retain any personal data longer than necessary for the processing, and shall refrain from processing any personal data for our own or any third party’s purposes. We shall not disclose personal data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict need-to-know basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation. We shall implement and maintain technical and organisational security measures as required to protect personal data processed by us on your behalf. Further information about our approach to data protection can be found in our Data Protection Policy on our website. For any enquiries or complaints regarding data privacy, you can email [email protected]
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from a cause beyond that party’s reasonable control, including but not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war or governmental action. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party). Notices shall be deemed to have been duly given when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours; when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; on the fifth business day following mailing, if mailed by national ordinary mail; or on the tenth business day following mailing, if mailed by airmail. All notices must be addressed to the most recent address, email address or fax number notified to the other party.
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that or any other right or remedy, nor stop further exercise of any other right or remedy.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that provision will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
This Agreement shall be governed by and interpreted according to the law of England and Wales, and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
We may use work created under this Agreement for marketing or portfolio purposes (including display on our website, social media, or in printed materials) unless you advise us in writing prior to the shoot that you require confidentiality, in which case an additional fee may be charged.
Any pre-existing intellectual property, licensed assets, or third-party materials remain the property of their respective owners or licensors. Your rights to use these assets are strictly limited to what is agreed in writing.
We offer a wide range of commercial photography services including headshots, product, food, lifestyle, event and drone photography, all designed to showcase your brand. By collaborating closely with our clients, we ensure every image captures their unique vision.
High-impact videos that elevate your brand across multiple services. These include, commercial, drone, promotional, product, event and social media videography. With a creative and modern touch, we deliver videos that engage inspire and leave a lasting impression.
Impactful and functional websites that enhance your online presence. Our services include custom website design to reflect your brand, responsive web design for all devices, website redesign to modernise outdated sites and portfolio websites to showcase your work. With a focus on creativity and usability, we create websites that stand out and deliver results.
We create bold, visually striking designs. From unique logos and cohesive brand identities to impactful marketing materials, every design is crafted with your vision in mind. We also specialise in custom packaging and engaging social media graphics. Our graphic design services focus on making your brand stand out and connecting with your audience.
