top of page
Terms & Conditions
These Terms and Conditions of Service and Supply apply to all services and products provided by Oliver Mitchell and supersede all understandings or prior agreements, whether written or verbal, and all representations or other communications. All work is carried out by Oliver Mitchell on the understanding that the customer has agreed to these Terms and Conditions. Copyright is retained by us on all design work including words, pictures, ideas, visuals and illustrations unless all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by us as fulfilling the contract. All of the other designs remain the property of Oliver Mitchell unless agreed in writing that this arrangement has been changed. Oliver Mitchell reserves the right to promote designs developed by them as part of their portfolio and their promotional activities. Oliver Mitchell reserves the right to alter these terms and conditions without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.
In these conditions:
‘Oliver Mitchell’, ‘the company’, ‘we’, ‘us’, or ‘ours’ refers to Oliver Mitchell, including any other person or company acting as an authorised representative or lawful agent of Oliver Mitchell.
‘Client’, ‘you’, or ‘yours’ refers to the person, business or company from whom orders for work are received and with whom Oliver Mitchell enters into a lawfully binding contract. These Conditions’ means the standard terms and conditions of service and supply set out in this document and includes any special terms and conditions agreed in writing between us and you.
The ‘Services’ means the services to be provided to you as set out in our estimate.
The ‘Goods’ means the goods (including any installment of the goods or any parts for them) which we are to supply in accordance with these Conditions.
‘Month’ means a calendar month
‘Writing’ includes any communications effected by, electronic email, facsimile transmission, or any comparable means.
3. Basis of Sale and Service
These terms and conditions can only be altered or qualified as agreed in writing by the company and you, and must be signed by an authorised representative of the company setting out in full all the relevant alterations and qualifications. Any typographical, clerical or other error or omission in any sales literature, estimate, quotation, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the company.
4. Estimates, Prices and Orders
Provide you with an estimate of the price to be charged if you request one before an order is placed;
Provide such estimates based on our current production costs;
Try to ensure that any estimate is valid for 30 days, although we may amend any estimate if it is necessary to do so.
It is your sole responsibility to request an estimate before placing an order. If, however, a price has not been expressly agreed at or before an order is placed, we shall charge you in accordance with our normal pricing structure and you shall not subsequently dispute the price charged. Any 'quotes' supplied by Oliver Mitchell are not offers to enter into legally binding contracts, but are merely indications of the price that we charge to undertake a particular type of work.
Additional expenses relating to a Client Project that have not been identified, or a cost specified prior to the Project commencing will be added to the final invoice if not included in the initial quote or pre-project invoice; these charges may include but are not limited to:
Licensable assets required to complete the Project
Client requested Fonts
We reserve the right to make additional charges in respect of all costs, charges and expenses incurred by the company beyond normal allowances including but not limited to those caused by or arising out of:
Copy supplied not being clear and legible;
Author’s corrections or other work not specified in the estimate;
Overtime working by the company’s staff or subcontractors;
Additional use of couriers, special deliveries and similar facilities.
All estimates given and orders accepted are inclusive of Value Added Tax (VAT). If you cancel an order after we have commenced work on it, you shall be charged the full order value or such lower amount as we may (at our sole discretion) determine.
5. Payment Terms
The standard payment terms of Oliver Mitchell requires 50% payment prior to a project commencing. This payment must have cleared and entered the required bank account (or the Client must provide a screen print of a BACS or CHAPS transfer) prior to a Project commencing. Alternatively, if a client is unable to make the 50% payment prior to commencement of a project, the client would need to provide a PO number. Where a Project contains any on-site element, payment must be received 5 Working Days prior to the time the Project is scheduled to commence. On occasion, alternative payment terms may be negotiated with Oliver Mitchell. Evidence of such negotiations must be supported in writing or via email.
Pay all invoices within 30 days of the invoice date
Not exceed any credit limit that we may apply to your account from time to time; Make regular or stage payments on a monthly basis (as invoiced) on any order which takes longer than 30 days to complete;
At our sole discretion we are entitled to add an 8% late fee per calendar week of the total amount of the invoice, inclusive of any prior late fees, extending for an indefinite period until the invoice is paid in full. This charge will be added at 9am on the first day the invoice is overdue, then every subsequent 7 days.
At our sole discretion, we may insist that you pay a deposit or the full amount when the order is placed or at some time before goods are delivered or collected or services completed. You will reimburse us for any legal or debt collection costs taken against you (including taking advice from a solicitor or barrister, charges made by a debt recovery agency, or time spent and costs incurred by our employees and/or directors in preparing and pursuing legal action) to recover monies owed by you.
6. Property Ownership and Risk
All footage created/filmed by Oliver Mitchell remains the copyright of Oliver Mitchell. It is licensed for use for 30 days of invoice date without payment, Following that date, the footage is no longer licensed for usage in any circumstance until payment for services is received. In the result of non-payment, Oliver Mitchell reserves the right to order the removal of footage/content from any use.
You shall be deemed to have accepted the goods and services on delivery but we shall retain ownership of all materials and goods produced until all goods and services provided to you have been paid in full. Any materials made available to the company by you or on your behalf shall, whilst it is in our possession or in transit, be at your risk and we will not be liable for any damage to such materials however caused, and you will be responsible for such materials to be appropriately insured. We will be entitled to destroy any such materials supplied to us by you or on your behalf on the earlier of 12 months from being in our possession or one month after written notice has been given by us to you.
7. Proofs and Artwork
You are responsible for:
Clearly, concisely, specifically, and adequately conveying your requirements to us;
Ensuring that any originated artwork is suitable and adequate for your needs and purposes;
Thoroughly, properly and completely checking any content for errors or omissions;
Clearly making any necessary amendments on a draft edit;
Giving us your complete and absolute approval of an edit in written form, and giving us authority to proceed to export your work.
Any work undertaken will be proofed and provided to yourselves to proof in the understanding that the final version is signed off by yourselves as perfect and therefore any errors or omissions thereafter are not Oliver Mitchell’s responsibility. After a final version is approved by you in written form, we may charge extra if you make alterations or changes to the original concept design or content, and these changes necessitate additional work from us or you change the style, type or layout if you had previously left it to our judgement and discretion. It is the responsibility of the Client to ensure that any images, video, audio or other Assets supplied by the Client for use within a video produced by Oliver Mitchell, must be clear of copyright restrictions for the intended usage. Should the Client provide Oliver Mitchell with Assets to be incorporated into the Client’s Project, Oliver Mitchell will take this as confirmation that the Client has sought all appropriate permissions / licenses for their use and the Client shall indemnify Oliver Mitchell from all suits, claims, demands and other liabilities.
8. The Production Process
Once the deposit, if required, has been paid in full we will start the production process and confirm the required filming dates in our calendar. The quoted costings will entitle you to two amends of the version. A rough cut will be initially be provided for your feedback (version 1), from this you will have chance to provide a list of required amends for the second version (version 2). This second list will then be completed and sent back for final changes (version 3) Once version 3 is completed any further amends will be charged at an hourly rate of £35 with a 1 hour minimum payment. The only exception to this is in the event of error caused by Oliver Mitchell. eg, spelling or a missed amend from a previous list. It is the clients sole responsibility to proof and approve versions. Upon approval of version 3, the content will then be colour graded, sound balanced and supplied in the pre-determined formats.
9. Claims and Queries
All claims and queries in regard to goods supplied (including shortages, errors etc) must be made by you in writing or a form specifically approved by us, and must be submitted to us within three working days of delivery date or collection. All claims and queries regarding an invoice must be made by you within ten working days of the invoice date, and queries regarding non-delivery of goods must be made by you within five working days of the invoice date. All claims and queries will not normally be entertained unless they are made within these time limits.
10. Cancellation & Refund
If you choose to cancel an order at any stage or for any reason, you will be liable for the full cost of all work completed – to be determined by us at our sole discretion unless you are specifically notified otherwise by us in writing. We reserve the right to cancel any order without refund after reasonable attempts have been made to complete the work.
In using our services, you may be asked to submit information about yourself such as your name and email address. This information will only be used by us to keep you up to date with our services, and will not be given out or sold to any external party for any reason whatsoever without your prior consent.
12. Force Majeure
We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond our control, including but not limited to acts of God, legislation, war, fire, flood, drought, failure of power supply, mechanical breakdown, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. We shall endeavour to give immediate notice to you of this and will take all reasonable steps to resume performance of its obligations.
A 'Project' is any work undertaken or service provided by Oliver Mitchell for the client on their request and as described in our confirmation order email to that client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Oliver Mitchell.
'The Payment Period' shall be the time allowed by Oliver Mitchell for receipt of all monies owed to Oliver Mitchell by the client.
'Content' is both text and images that the client requires on the website.
‘Normal Business Hours’ is from 9.00am to 5:30pm Monday to Friday excluding Bank Holidays.
A 'Bug' is where the software or website interface does not perform according to the expectations specified by the clients requirements
For our web based services the contract between Oliver Mitchell and the client will be on these conditions in addition to the above. Any variations to these conditions shall have no effect unless agreed in writing.
Oliver Mitchell will only commence work on a project after receipt of 50% deposit of the quoted project fee from the client. The final 50% payment is to be made on completion of the video.
The deposit paid to Oliver Mitchell covers the cost of production work carried out. It is not possible to refund a deposit once Oliver Mitchell has sent the first version of a video, or product, to the client. Oliver Mitchell reserves the right to decide whether a refund is applicable if requested by the client for any reason. However, a refund is not guaranteed and will be subject to the discretion of Oliver Mitchell.
Oliver Mitchell shall expect the client to carry out sufficient research before proceeding with a video product. This will include checking that any materials requested by the client, which forms part of the video, will be supplied with the appropriate permissions and clearances. It is important that any materials supplied by the client is not in any way illegal.
V5. Image Use
Where images used in a video have been purchased by Oliver Mitchell on behalf of the client, these images are strictly for use in the video only. Oliver Mitchell is not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
V6. Business Operation
Oliver Mitchell cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim as a result of a service offered by Oliver Mitchell.
V7. Completion Date
Oliver Mitchell will provide the client with an expected project completion date if requested. We will always endeavour to meet any given deadline. However, as we are often reliant on receipt of content from a client we do not guarantee and are not bound in any way to complete the project by this date.
All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client, they will be the sole responsibility of the client.
All our terms and conditions shall be governed by the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English and Welsh courts
bottom of page