These terms and conditions form a legally binding agreement between POPmedia Ltd and the “Client”. The client shall be any company, individual or business who commissions POPmedia’s services and is named in any email/document including these terms and conditions. A confirmation email from the client, to POPmedia Ltd is taken as a quality document under UK law and as agreeing to these terms and conditions and therefore forming the legally binding “Agreement” between POPmedia Ltd and the client.

1) We, POPmedia Ltd, shall not be liable to the client for any costs or legal action.

2) All creative work, intellectual properties, artwork and copyright © created by POPmedia Ltd is retained by POPmedia Ltd unless relinquished by written agreement. Artwork, digital files can be purchased by the client from popmedia on request and agreement of a fee. Normal market rates apply. Starting prices for collation of artwork files is £250. We withhold the right to provide digital files if we feel a breach of copyright or license will incur.

3) Work undertaken by POPmedia Ltd on behalf of, at the request of, the client is licensed for use by the client, from POPmedia, once all agreed fee’s are paid to POPmedia Ltd. POPmedia will carry out, author and deliver creative work as per the clients “brief” and or agreed project scope.

4) Changes to the agreed brief, project outline, deliverables, or an expansion of project scope is considered as a change to the original agreement and the extra work/hours/days will be billed as extra work outside of the agreed fee.

5) Emails between the client and POPmedia will be accepted as quality documents under UK law, intention of payment, purchase orders and legally binding intent to purchase services from POPmedia. Should payment be overdue additional fee’s will be charged and the client liable for these costs.

6) Failure to make payment null and voids all license agreements and the client is liable for breach of copyright.

7) POPmedia is responsible for delivering the work commissioned by the client to a professional standard.

POPmedia’s fees are based on commercial market rates. They include artistic creation and publishing; assets authored by licensed software ; intellectual property; literary authorship; copyright ; license of use; hours and days of service; professional knowledge; experience; consultancy and studio time.

9) POPmedia retains all rights under UK law.

10) when the client commissions POPmedia Ltd this is taken as a legal agreement to pay POPmedia Ltd the fee agreed on delivery of creative work defined by the brief.

11) When the client commissions work from popmedia Ltd they are guaranteeing payment up to 30 days after invoice. When POPmedia accepts a commission they are guaranteeing delivery of the work.

12) Commencement fee’s of 20% of the agreed fee is payable up front for new clients.

13) Sign off: All projects must receive client sign off in writing or via email before going to print/build/broadcast.

14) The client has a responsibility to conclude projects commissioned. Taking into account changing dynamics of business POPmedia will accommodate as much as possible, but projects that are shelved at the clients end will be billed as per quote.

15) Final Cut: POPmedia Ltd retains final cut on all creative projects. POPmedia’s creative and professional integrity is subject to the quality of work that we deliver. Therefore the final decision on choices of artistic integrity will belong to POPmedia. If POPmedia and “The Client” cannot agree then POPmedia can make the clients amends but must remove all our association/credits on the items/project and an additional cost of 20% of the project fee will be added to the invoice to compensate for lack of exposure.

16) Credits: POPmedia credits will be placed in a very subtle manor on all designed materiel , e.g: links on websites and E-documents, idents/credits on productions, small text on printed materiel.

17) WEEKENDS/OVERNIGHT POPmedia understands that the pressures on modern business can be intense. We have the capability to work extended hours and weekends. When the client agrees this service a surcharge of 25% of the rate, hourly or daily, will be added for weekend and night work per instance.

18) If a project stalls. All obligations on quotes are null and void after 2 months. Invoices are to be paid for all works carried out on projects that are not completed by the client.

19) POPmedia has no legal obligation to archive or store projects of files pertinent to or on behalf of the client.

20) Whilst POPmedia has every intention to deliver all projects on time and on budget the client has an obligation for the timely transfer of required assets to enable this.

21) POPmedia can take no responsibility for outside parties and Force Majeure.

22) POPmedia’s payment terms are strictly 30 days from invoice. After 30 days POPmedia has the right to bill the client interest on moneys owed at a rate of 10% above LBR of interest. An hourly charge of £60 will apply per enquiry after the payment is 40 days overdue. If accounts are not settled or POPmedia Ltd have not been contacted regarding the delay we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.