Terms and Conditions
Agreement between Phillip Chester, owner/operator of Animotion UK (hereinafter referred to as “Animotion”), and You, the authorized representative of “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Video production, Animator or Graphic Designer.
1. AGREED HOURLY RATE – The agreed hourly rate for work carried out during the normal business hours (9:00am – 5:00 pm) will be negotiated between The Client & Animotion before work commences. The agreed hourly rate is to remain confidential between The Client and Animotion. Animotion reserves the right to change this rate periodically. The Client will be informed in writing and in advance should this rate be changed.
2. DAILY RATE – Where a client prefers to engage Animotion at a fixed Daily Rate, Animotion will negotiate with the client to an agreed rate which is to remain confidential between The Client and Animotion. Animotion reserves the right to change this rate periodically. The Client will be informed in writing and in advance should this rate be changed
3. OVERTIME RATE – Overtime is payable at double the standard agreed rate and is applicable outside the normal business hours of 9:30am – 5:30pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 40 hours per working week, and any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
4. TRANSPORT – On occasion where the Client requires Animotion to work “on-site” then transport charges may apply. These include, travel on any public transport (including taxi, bus, train, plane) and also include any car parking charges that may occur as a result of the booking. Travel by Animotions own vehicle up to a radius of 20 miles is included in the agreed rate.
5. EXCLUSIVE BOOKING – Where The Client has requested the services of Animotion on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to cancellation charges.
CANCELLATION OF SERVICES – in the event that the client no longer requires the services of Animotion, then the below fees may be payable. The below refers to the number of calendar days’ notice given prior to the commencement date of the original booking. 1 – 7 days’ notice: 75%, 8 – 14 days notice: 50%, 15 – 21 days’ notice: 25%.
7. PAYMENT – Animotion invoices weekly. Payment by The Client is required within 30 (days) days of receipt of invoice from Animotion. Animotion accepts payment by BACS and the bank account details will be made available to you when the invoice is sent. Late payment charges shall be added to any invoice outstanding after the agreed payment period. All IP rights are transferred upon full payment only.
8. CONFIDENTIALITY – Animotion agrees not to misuse or disclose any confidential information that may be made available by the Client.
9. CLIENT RESPONSIBILITIES – Animotion is under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however Animotion will not be held liable for loss, expense or damage caused by any act, omission or late delivery due to client delay that occurs throughout the duration of the booking.
10. WORK APPROVAL, ERRORS AND OMISSIONS – Animotion will take all reasonable care to check work carefully for accuracy in all respects, ranging from spelling to animation. However, it is considered the responsibility of The Client to check all work carefully before final sign off and use. As a result, Animotion is not liable for loss, expense or damage caused by any act or omission.
11. NATURE OF COPY – The Client agrees to exercise due diligence in its direction to Animotion regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright, and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Animotion prepares. Animotion will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
12. LIABILITY – Animotion makes every effort to maintain the highest possible work standards, however, it cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, Animotion shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
13. CANCELLATION / TERMINATION OF AGREEMENT – Should the Client wish to cancel/ terminate the agreement and discontinue any work in progress, The Client must notify Animotion immediately of this intention. Hours worked to that point will be invoiced and any cancellation fees (where applicable) will be added. In the case of cancellation/termination, outstanding invoices are required to be paid within 7 (seven) days of the invoice issue date.
14. VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between Animotion and The Client.
15. ANIMOTION AGREES TO - Animotion has the experience and ability to do everything agreed with the Client and will be undertaken in a timely and professional manner. Animotion agrees to undertake all work, to the best of their ability and in accordance with the client’s pipeline and workflow. Animotion agrees to endeavor to meet every deadline set by the client provided the given deadline is achievable for the agreed project.