Terms and Conditions
Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.
1) All costs provided exclude VAT where applicable and are valid for thirty days from the date of the quotation.
2) The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
3) No creative or development work will commence until Bang Your Drum has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that Bang Your Drum is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
4) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g on delivery of finished works): failure to make final payment at this point may result in delays in project delivery.
5) If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before Bang Your Drum is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of Bang Your Drum.
6) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), Bang Your Drum reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.
7) Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points number 3, 4, 5 above and how this could have an impact on time scales.
9) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by Bang Your Drum is subject to options chosen and client co-operation in provision of information, resource and approval. Bang Your Drum will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but Bang Your Drum will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (act of God).
10) Costs provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, Bang Your Drum will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, Bang Your Drum reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
11) Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
12) At the end of each stage of the process the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until Bang Your Drum is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
13) Costs provided allow for occasional meetings at key stages for a reasonable length of time between Bang Your Drum and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
14) Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for travel, postage etc.
15) Unless otherwise specified, costs quoted exclude the following where relevant: VAT and travel exceeding that allocated within the ‘standard disbursement charge and other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
16) Until payment is received in full, all creative concepts and audio compositions of music or sound (written or recorded) remain the intellectual property of Bang Your Drum. Full copyright and ownership of all ‘commissioned’ work will reside with Bang Your Drum until full payment has been received, at which point Bang Your Drum will, subject to agreement, license or surrender as works made for hire to the client the final work produced (not including alternative compositions, concepts, options, files, audio or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and Bang Your Drum’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
17) Bang Your Drum will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to Bang Your Drum. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
18) Bang Your Drum will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
19) The client agrees to indemnify Bang Your Drum and keep Bang Your Drum indemnified and hold Bang Your Drum harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Bang Your Drum is not liable for any loss that may occur before, during or after the development of projects undertaken. Bang Your Drum will not be held responsible for any delays, errors or losses arising from any third party.
20) The client agrees to alert Bang Your Drum in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. Bang Your Drum will not be liable for any claims made after this period.
21) Appropriate credit and acknowledgment for work produced by Bang Your Drum should be attributed to Bang Your Drum where possible and may be referenced for Bang Your Drum’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
22) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Bang Your Drum reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.