General Services Terms & Conditions.
If you have signed a General Services Contract with us, you will find the same Terms & Conditions here for your reference.
The following terms will have these definitions:
Witch And The Wolf, We, Us, Our, Company is Witch And The Wolf Ltd.
Client, The Client, You, Your is you; the client taking out work with us and the sole person responsible for maintaining your agreement to these Terms & Conditions.
Service(s), Solution(s), Product(s), Work, Material(s), Project(s) is what you will receive from Witch And The Wolf - the service(s) requested by you.
Sum(s), Amount(s), Cost(s), Fee(s), Balance is the cost of the service(s), agreed by both you and us.
1. Initial Terms & Conditions.
(i) This Contract only covers the services as described in the information section. It does not cover any other services outside of this Contract. If you wish to take out any additional services, then it must be covered by another Contract. These Terms & Conditions will become applicable once both parties (you and the Company) have signed.
(ii) You are not authorised to modify any of the contents of this Contract ay anytime. Doing so will result in immediate termination of your services, a block for using Witch And The Wolf in the future and possible charges made against you.
(iii) You must provide up to date contact information on this Contract to the best of your ability. If you are more than one person (i.e. band or organisation) then you must select one member to represent the Contract. Providing false details is a breach to these Terms & Conditions, and may result in your services being cancelled with immediate effect without the option of a refund for any payments you have made.
(iv) You agree to pay our fees that have been outlined to you upon delivery of your final product within 7 days after receipt of your final bill.
(v) If you are paying an additional deposit of an agreed amount by us and you, you agree to pay this to us prior to any production of your service. Deposits are not refundable at any time.
(vi) You agree to treat us, our equipment and business relations with respect and care. You may be charged for any damaged equipment, or verbal or physical assault against our staff or business relations.
(vii) You agree to work with us professionally - we will not tolerate any attempts on purposefully delaying, changing or cancelling without good reason our production time and efforts for the services we provide to you. If we suspect that you do this, we reserve the right to terminate your service with immediate effects without the option of a refund for any payments you have made.
(viii) Witch And The Wolf reserve the right to withhold all materials we produce for you until we see that the total sum is paid.
(ix) Witch And The Wolf reserve the right to withhold all materials, or cease production of the materials, if we see that payments are not made towards the services, at any time.
(x) Witch And The Wolf reserve the right to block you from the services, or any future services or opportunities if you:
(a) Fail to make any payments to us within the 7 day payment period, or
(b) Break any of these Terms & Conditions.
(xi) If Term 1(x)(a) or Term 1(ix)(b) occur, our decision is final on how to treat the situation.
(xii) You are responsible for your own corporation tax, self assessment tax or any relevant taxes or payments you may need to make. You are also responsible for any required licences you need on your part in order to work with us.
(xiii) These Terms & Conditions may change at anytime. If this happens, then we will do our best to let you know. After both parties have signed, you will receive a copy of this Contract for your reference.
2. Payments, Refunds and Product Release.
(i) We will agree a fee for the services with you, prior to any production of your services.
(ii) If payments are not made either on time or to the minimum amount, and we attempt to contact you for an explanation, and you do not respond to our attempts, then we reserve the right to cease production and withhold the materials until you contact us and/or payment is made.
(iii) If you break these terms, Witch And The Wolf reserves the right to demand the outstanding balance in full.
(iv) If you continue to fail making any agreed payments, then we reserve the right to cease production, withhold all materials and block you from using Witch And The Wolf’s services or opportunities - now and in the future. We may also continue to charge you default fees and press further legal action as outlined in Term 2(xviii).
(v) We may not release the materials to you until your balance is cleared in full.
(vi) If you choose to pay by PayPal, we will charge an additional 3.4% of the final fee value in order to cover transaction costs. This will be rounded up to the nearest 10p value (e.g. £75.46 will be rounded up to £75.50).
(vii) If you are not satisfied with your products, then you have the opportunity to send it back to us for further production. You can do this up to 2 times.
(viii) If you choose to send back your product for further production after 2 times, then we may charge additional fees depending on how much more production time will be required. These fees will be outlined to you clearly before you accept them.
(ix) If you receive a product or service that you feel is not to the quality you are expecting, or it is not usable to your needs, you may be entitled to a full or partial refund to payments you have made to us. Refunds will only be made if:
(a) You have not broken any of these Terms & Conditions thus far.
(b) You give us a reasonable explanation and demonstration as to why the products are not to your satisfaction, or unusable.
(c) An error is caused by our negligence, malfunctioning equipment on our part, or incorrect timings on our part.
(d) You write to us about your refund request, either by email or telephone. Refunds cannot be requested by telephone.
(x) Witch And The Wolf reserves the right to make any final decision on refunds and how to process them to you. Refunds can take up to 10 working days to be paid to you.
(xi) You must tell us how you would like the products to be delivered to you and what format you wish the products to be, prior to release.
(xii) If you request the file to be changed into a format that is not compatible once the product has been released, and it requires further production to do so, we may apply additional fees. These will be outlined to you clearly before you accept these fees.
(xiii) You agree that, after release of your product and with your release terms, Witch And The Wolf may use your materials on our public portfolios including, but not limited to, our website/our social network pages.
(xiv) You may ask, if necessary, for us to remove your products on our public portfolios. However, Witch And The Wolf have the final decision as to whether your request will be adhered.
(xv) If your service(s) is a video or webspace, by default, we will include Witch And The Wolf’s ident at the start of the service(s) as we deem necessary, or in the footer of the webspace. As a business, we rely on this ident to advertise Witch And The Wolf’s growth. You may request for the ident to be placed at the end of your video, to which we will charge a fee of £25. Idents from webspaces cannot be removed. We must receive this fee in full before altering any ident.
(xvi) You are not authorised to remove the ident yourself as stated in Term 2(xv), at anytime - even after delivery and payment of your products. Failure to comply with this term could result in you being barred from Witch And The Wolf’s services in the future, and possible further charges being made against you.
(xvii) All work produced remains the property of Witch And The Wolf until full payment has been made.
(xix) If you pay any deposits or advance payments, then these will be subtracted from your final fee and will be shown within your bill. Deposits are not refundable, under any circumstances.
3. Content, Licensing & Permissions
(i) If you send Witch And The Wolf any content that you wish to be used in the production, you must ensure that you own it or you have the correct permissions to use it from the owner(s) of the content.
(ii) You accept all responsibility to obtain any permissions and licenses as necessary for any content you send to us.
(iii) You agree that you will accept full consequences if you have not obtained the correct permissions and/or licenses on content if discovered by a third party that this has not been fulfilled, including but not limited to Copyrighted material.
(iv) Witch And The Wolf accept no liability, at any time, for any content that you send to us that has not been authorised by its owner(s).
(v) We reserve the right to reject any content that has not obtained any written consent for its use.
(vi) If services involve the hiring or use of public areas, for whatever reason, and we feel it is necessary for us to obtain the permissions for these areas in order to fulfil a service, then we will attempt to acquire the correct permissions and licensing as necessary from the appropriate authority/authorities. If we are unable to obtain the correct permissions and licenses, then we will be unable to carry out the services on those areas. These licenses include but are not limited to written permission from the appropriate governing body, council, authority, public liability and other necessary insurances.
(vii) If you, as the client, seek out a public area for the services that you are in favour of, and we as a Company have not collected the correct licenses or permissions from the appropriate authority/authorities, then it is your responsibility to obtain the permissions yourself. Witch And The Wolf will not be held liable for any consequences that have led from failure to obtain the correct licenses or permissions by the client.
4. Collaborative Services with Third Parties.
(i) If Witch And The Wolf work with a third party to complete your service(s), you agree to be bound by their Terms & Conditions if they have any, as well as ours.
(ii) To collaborate with a third party, you need to tell us that you would like a third party to work with us. Likewise, if a third party wishes to work with us, they need to ask us prior to any production being carried out.
(iii) Witch And The Wolf will refuse to collaborate and complete any service(s)s with third parties until we have granted permission to do so. They will need to agree to these Terms & Conditions to continue.
(iv) If we work with a third party, their fees (if any) will not be added to your bill from us. Therefore it is your responsibility to ensure that you continue to make payments to us to clear your balance with Witch And The Wolf. It is also your responsibility to ensure that you make payments as necessary to any third parties we collaborate with on that occasion.
(v) We reserve the right to eject or restrict any third parties prior, during and after production without notice.
(vi) If we eject any third parties during production then we will endeavour to continue and complete the service(s) in regard ourselves. If this is not possible, you will be refunded any deposits or advance payments that you have made to us.
(i) Witch And The Wolf adheres to the European General Data Protection Regulation May 25 2018 (EU GDPR).
(iv) When you use Witch And The Wolf in a way that means you would be disclosing personal information, such as but not limited to your name, date of birth, home address, telephone numbers and email addresses, it is stored on our databases for a maximum period of 12 months.
(v) Once a period of 12 months has surpassed, the data we have stored on you will be securely destroyed automatically.
(vi) You can request to have your data destroyed at an earlier time, if you tell us.
(vii) Please note that for security reasons, Witch And The Wolf do not store any financial information, if we have any of you, for the 12 month period. Financial information (or information that presents a level of security to a high degree). This type of data is destroyed on the transaction date.
(viii) Witch And The Wolf will always ask your consent before any data will be stored. Please note that you may not be able to continue or complete certain forms, services or opportunities until we have received this consent from you.
(ix) Consent may come in the form of (but not limited) tick boxes, signatures on your part, radio group buttons or in the form of written text. Consent must always be recorded and stored and cannot be given verbally.
(x) Witch And The Wolf will never sell or share your personal data with any third party companies outside the business. There are however rare exceptions if you break any payment related terms in this agreement, for example, if you continue to fail making any payments you owe us.
(xi) You agree that ultimately, Witch And The Wolf may pass your details to agencies to recover any owed fees if you do not contact us for alternative payment arrangements.
(xii) If you opt in to receive updates from Witch And The Wolf by email about offers, events and services that we have, you can freely opt out at any time if you tell us in writing.
(xiii) You agree that Witch And The Wolf may have to send you updates by email if we feel that you need to be informed about something relevant to you, including but not limited to service updates, a change in terms or a change in circumstances.
(xiv) Please note that for our security purposes, your IP address is automatically recorded upon submitting any of our online forms on our websites.
(i) Witch And The Wolf Ltd is a registered Company in England & Wales.
(ii) We were registered on 7th July 2018.
(iii) Our Company number is 11403190.
(iv) Our Company type is Private by Limited Shares.
(v) Appointed directors of the Company are Zack Reed (Founder, Director One and Co-CEO) and Adam Armour (Director Two and Co-Ceo).
(vi) Our registered Company address is 45 St. Nicholas Street, Bristol, BS1 1TP.
(vii) All Witch And The Wolf material, including but not limited to, the branding, logos, websites, fonts, slogans, artworks, idents, sound effects, music typography and looks is under Copyright. You are not authorised, at any time, to duplicate, modify, distribute, sell or download any of our owned materials without written consent from us. All rights reserved.
© 2018 Witch And The Wolf Ltd. All rights reserved.