We have Specific Terms for our Media Production and Web Design Services

MEDIA PRODUCTION SPECIFIC TERMS:

1) Introduction – A contract is formed between a client (referred to as the “Client”) and Lagoon Ltd. when an Order is received from the Client. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by Lagoon Ltd. to the Customer. These conditions do not affect your statutory rights.

 

2) Supply – Lagoon Ltd. agrees to supply the product(s) or service(s) to the Client as detailed in the Order and according to the terms and conditions of this contract. Once supplied and payment settled Lagoon Ltd. accepts no responsibility for subsequent problems.

 

3) Rights Reserved – Should Lagoon Ltd. choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any rights of Lagoon Ltd. By providing Lagoon Ltd. with an Order, the Client accepts these terms and conditions.

 

4) Payment – Lagoon Ltd. shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. These payment Terms override any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts these Terms. Lagoon Ltd. reserve the right to add an accumulative percentage on late payments as dictated under the UK government late payment legislation. Title in the goods or services shall remain with Lagoon Ltd. until full payment has been received, unless otherwise stipulated in the Order.

 

5) Approval / amendments of video footage (2 set of amendments) – On the majority of projects, a ‘draft’ version of the production will be forwarded to the Client for their review. This draft may receive 2 rounds of revisions only, which is included in the original agreed cost. A major re-edit will incur an additional daily rate of £320.00 per day.

 

6) Health & Safety – Lagoon Ltd. and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s). In all instances Lagoon Ltd. will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.

 

7) Bad weather – In the event of inclement weather, Lagoon Ltd. reserves the right to change the dates of filming to a more suitable day. Lagoon Ltd. will not allow the safety of the equipment or personnel to be compromised.

 

8) Aborting filming (on shoot day) or re shooting due to clients lack of organisation – 
In the event of filming being delayed or aborted due to a lack of organisation from the Client, Lagoon Ltd. reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.

 

9) Changing filming dates – In the event of the Client wishing to change the filming date we insist on a minimum of 7 days notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.

 

10) Equipment substitution / failure – In the unlikely event that Lagoon Ltd. experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. No further claims or liability will be accepted.

 

11) Works specified (as per estimate) – All works undertaken will be as per a Lagoon Ltd. written quotation provided in a pdf format and/or by email to the Client. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rate.

12) Creative Brief – Unless otherwise agreed, the Client accepts the decision of Lagoon Ltd. on creativity within the product(s) or service(s). The final post production and editing styles, effects, and overall look of the video and/or images are left to the discretion of Lagoon Ltd..

 

13) Booking Fee/Cancellation – Monies paid by the Client to reserve the product(s) or service(s) of Lagoon Ltd. will be accepted as a Booking Fee. If the Customer cancels the order less than 7 days prior to the Company supplying the product(s) or service(s), the Client will be liable for the whole invoice value less any Booking Fee already paid. If the Client cancels their Order more than 7 days prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.

 

14) Liability – Lagoon Ltd. accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of Lagoon Ltd. being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Client.

 

15) Copyright – Unless otherwise stated in the Order, Lagoon Ltd. retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to Lagoon Ltd. to enable them to deliver the product(s) or service(s). The Company reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes. The Client agrees to indemnify Lagoon Ltd. in the event of any breach of copyright claims being brought against Lagoon Ltd. in respect of material supplied by the Client.

 

16) Performers Release Usage – At all times Lagoon Ltd. advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Lagoon Ltd. if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form. Lagoon Ltd. will arrange Performers Release Forms if performers are being organised by ourselves.

 

17) Permissions & Data Protection – The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of Lagoon Ltd. supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.

 

18) Care and Damage to client property – Whilst every care is taken in the handling of the Client’s property, Lagoon Ltd. accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances, not covered by the public liability cover held by the director, whilst in the custody of Lagoon Ltd.

 

19) Expenses – Lagoon Ltd. retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost. Out of pocket costs include but are not limited to; travel, food and accommodation.

 

20) Confidentiality – 
Unless otherwise agreed Lagoon Ltd. will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by Lagoon Ltd. to supply of the product(s) or service(s).

 

21) Basis of law – These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.

WEB DESIGN SPECIFIC TERMS:

1) Introduction – A contract is formed between a client (referred to as the “Client”) and Lagoon Ltd. when an Order is received from the Client. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by Lagoon Ltd. to the Customer. These conditions do not affect your statutory rights.

 

2) Supply – Lagoon Ltd. agrees to supply the product(s) or service(s) to the Client as detailed in the Order and according to the terms and conditions of this contract. Once supplied and payment settled Lagoon Ltd. accepts no responsibility for subsequent problems.

 

3) Design – We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact by either phone, Skype, or Slack.

If at any stage you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.

 

4) Text Content – Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.

 

5) Graphics and photographs – You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.

 

6) HTML, CSS and JavaScript – We deliver pages developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for behaviours.

 

7) Browser Testing – Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

 

8) Mobile Browser Testing – Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS: Safari and Google Chrome
Android: Google Chrome

We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.

9) Technical Support – We’re not a website hosting company but we use Media Temple’s Virtual Private Network (VPS) website hosting services. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we will recommend using our fast and reliable VPS. We can set up your site on the server, plus any statistics software such as Google Analytics and will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

 

10) Search Engine Optimisation (SEO) – We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines.

 

11) Changes and Revisions – We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.

 

12) Legal Stuff – We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

 

13) Intellectual Property Rights – Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

 

14) Displaying Our Work – We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

 

15) Payment Schedule – We issue invoices electronically. Our payment terms are 14 days from the date of invoice by bank transfer or by using our card payment system

 

16) Basis of Law – These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.