1. DEFINITIONS

For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title.  In cases where VIP Creative’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the VIP Creative’s client. “Productions​” refers to​all visual content (video, photography, design, etc,) produced by VIP Creative.

 

  1. COPYRIGHT

The entire copyright of the ​Productions ​are​ retained by VIP Creative at all times throughout the world.

 

  1. OWNERSHIP OF MATERIALS

Title to all Productions ​remain the property of VIP Creative. When the Licence to Use the material has expired the Productions​ must be returned to VIP Creative in good condition within 30 days.

 

  1. USE

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Productions​ before payment in full of the relevant invoice(s) without VIP Creative’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without VIP Creative’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, VIP Creative’s permission must be obtained before any use of the Production​s for other purposes e.​g use in relation to another product or sublicensing through a photo-library. Permission to use the Productions​ for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Productions​ will be subject to these terms and conditions.

 

  1. EXCLUSIVITY

The Agency and Advertiser will be authorised to publish the Productions​to the exclusion of all other persons including VIP Creative. However, VIP Creative retains the right in all cases to use the Productions​ in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their​work. After the exclusivity period indicated in the Licence to Use VIP Creative shall be entitled to use the Productions​for any purposes.

 

  1. CLIENT CONFIDENTIALITY

VIP Creative will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of productions​, save as may be reasonably necessary to enable VIP Creative to carry out his/her obligations in relation to the commission.

 

  1. INDEMNITY

VIP Creative agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by VIP Creative to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. VIP Creative shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify VIP Creative against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

 

  1. PAYMENT

Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days VIP Creative reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

 

  1. EXPENSES

Where extra expenses or time are incurred by VIP Creative as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at VIP Creative’s normal rate to VIP Creative in addition to the expenses shown overleaf as having been agreed or estimated.

 

  1. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

 

  1. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly VIP Creative will, at their​discretion, charge a fee for cancellation or postponement.

 

  1. RIGHT TO A CREDIT

If the box on the estimate and the licence marked “Right to a Credit” has been ticked VIP Creative’s name will be printed on or in reasonable proximity to all published reproductions of the Production​(s). By ticking the box overleaf VIP Creative also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

 

  1. ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the Productions​ may not be stored in any form of electronic medium without the written permission of VIP Creative. Manipulation of the image or use of only a portion of the image may only take place with the permission of VIP Creative.

 

  1. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

 

  1. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

We at VIP Creative consider Internet user privacy and data protection to be of paramount importance. The VIP Creative website complies with the Data Protection Act 1998 in relation to all processing of personal data supplied to us by users and other personal data in our possession for any reason. It is the policy of VIP Creative to maintain the privacy and confidentiality of any personal information, such as your name, address, email address, or telephone number that you provide to us. Because your privacy is important to us, we maintain this website privacy policy to protect your personal information. By using this site, you consent to the terms of this website privacy policy. We do not collect, use or disclose your personal information for any purpose other than those identified below, except with your consent or as required by law.

 

The information we collect:

 

SITE ACTIVITY DATA

 

Each time you visit our website (www.vipcreative.co.uk) the web server collects and logs certain information. We keep these access logs for a reasonable period of time. These logs include, but are not restricted to: your computer’s TCP/IP address, your username (if applicable), date, time and files accessed. These logs also contain information about referrer information if you clicked on an external link in order to access a vipcreative.co.uk webpage. We use these logs solely for performance, site administration and security reviews. We do not sell or share this information with any third party.

 

COOKIES

 

A “cookie” is a block of text placed in a file on your hard drive by a website you’ve visited. Portions of the website may use cookies for security and authentication purposes. For example, we may use cookies to maintain your computer’s session to the server. We do not share or sell information we may learn about you through our use of cookies to any third party or for any purpose.

 

PERSONAL INFORMATION

 

We collect only personal information about you, such as your name, address, email address, or telephone number that you voluntarily provide to us. For example, we may receive personal information about you when you send us an email through our website or sign up for our newsletter (where applicable). We may forward the personal information you provide to us to the person or department (internally) equipped to handle your request or respond to your inquiry. We do not sell any personal information we receive through our website to any third party, nor will we add such information to any bulk email list we may prepare.

 

POLICY REVISIONS

 

Any changes to this website privacy policy will be promptly communicated on this website. Any such change will be prospective only and will not affect how we handle personal information submitted to us before the change occurs.

 

Thank you for visiting our site.