Terms And Conditions Of Business

The acceptance of a commission shall be deemed as a contractual agreement between the client and In Situ.

The costs outlined in any proposal are valid for 3 months from the date of creation.

In Situ expects full payment within 28 days of the date on the invoice, unless otherwise agreed in advance with the client and indicated on the invoice.

Any payment returned will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.

In Situ reserves the right to exercise its statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998. In this respect, interest at the rate of 3% above the Bank Of England base rate per 14 day period will be added, compounded in each 14 day period on any balance outstanding.

In Situ cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

All material, both text and images supplied by the client and used in the construction of the client’s commission, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws and the client indemnifies In Situ against any claims made against In Situ in the use of this material.

If the client is providing all or any part of the creative, content must be received at least 5 business days for rich media content or at least 4 business days for all other creative prior to the project start date. For avoidance of doubt a Project Timeline will be submitted to the client with due data for all submissions.

The copyright for all material provided by In Situ, such as video, software code, graphics, photographs and text, will remain the property of In Situ until such time as payment has been made in full whereupon they will become the property of the client.

The research, ideas and proposals developed by In Situ remain the copyright of In Situ. On receipt of this document the client accepts that if any ideas and proposals contained within it (excluding the supplied script) are produced by another production company, then In Situ reserves the right to make a standard charge of £1000/day for the time spent on the initial briefing and the preparation of the document.

Once produced, all master materials remain the property of the client subject to receipt of full payment. Similarly all origination materials remain the property of In Situ.

In Situ may initially place the client’s commission on one of In Situ Production’s demonstration servers in order that the client may view and comment upon the commission’s progress. When both In Situ and the client agree that the commission meets the criteria agreed during the commissioning process, In Situ will invoice the client for the full amount due for the commission. On receipt of payment, In Situ will deliver the commission to the client in a manner to be agreed with the client.

If, during the commission development cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, In Situ will consider that the client wishes to cancel the commission. 

If at any point during the commission development cycle a client wishes to cancel, they may do so by giving notice in writing, but will be invoiced an amount that In Situ  judges to be proportional to the amount of work completed on the commission.

For the case where a commission is to be used in a browser or Flash player, In Situ makes every effort to design commissions to display acceptably in the most popular current versions, but cannot accept responsibility if a commission does not display acceptably in new versions released after a commission has been completed.
In Situ warrants to you that any multimedia software will perform substantially in accordance with the product presentations. In Situ and its suppliers do not and cannot warrant the performance or results its clients may obtain by using the company’s engine products, services or documentation. In Situ and its suppliers make no warranties, express or implied as to the non-infringement of third party rights, merchantability, or fitness for any particular purpose.

In Situ does not undertake to provide maintenance or updates as part of the design commission once the design is accepted. If a client wishes In Situ to maintain or update a commission, In Situ will negotiate with the client a maintenance contract appropriate to the amount of work required.

In Situ reserves the right to alter prices at any time without notice. If a client has commissioned any services from In Situ prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be.

Every product or service will be thoroughly tested before release. Once each component has been signed off by the client in no event will In Situ or its suppliers be liable for any consequential losses, incidental or special damages arising from the impact of any virus, including any lost profits or lost savings, even if an In Situ representative has been advised of the possibility of such damages, or for any claim by a third party.

Neither In Situ nor anyone else who has been involved in the creation, production, or delivery of the commission shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use a commission, even if In Situ  has been advised of the possibility of such damages or claim. In any case, In Situ’s entire liability under any provision of this Agreement is limited to the pro rated amount actually paid by client for the commission.

By agreeing to these terms and conditions your statutory rights are not affected.
 
In Situ reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.