DS Media — Standard Terms and Conditions
Trading Name: Darius Setsoafia trading as DS Media
Registered Address: 27 Wosleley Gardens, Newcastle upon Tyne, NE2 1HR
Email: info@mediads.co.uk
Tel: 07539 228 257
Governing Law: England and Wales
1 Formation of Agreement
1.1 A contract (“Agreement”) arises when the Client either (a) accepts a written quotation or (b) pays the stated deposit.
1.2 Where DS Media agrees in writing to proceed without a deposit, the Client’s written confirmation to begin shall constitute acceptance of these Terms.
1.3 All quotations remain open for 30 days unless withdrawn earlier in writing.
2 Scope of Work
2.1 The Agreement covers only the services and deliverables listed in the quotation or invoice (“Schedule A”).
2.2 Any additional filming, editing, photography, or deliverables require a new quotation and written acceptance.
2.3 DS Media will perform the services with reasonable care and skill, consistent with professional standards.
3 Commencement and Completion
3.1 The Agreement begins on the earlier of the Client’s written acceptance or deposit payment.
3.2 The Agreement automatically terminates once DS Media has delivered the final agreed deliverables and either:
(a) The Client provides written acceptance; or
(b) seven (7) days have passed without written objection (“deemed acceptance”).
4 Deliverables and Delivery
4.1 Deliverables will be supplied via WeTransfer unless otherwise agreed in writing.
4.2 DS Media may, at its discretion, supply low-resolution or watermarked previews until payment is received.
4.3 Delivery occurs once the WeTransfer or download link is provided, regardless of when the Client downloads the files.
5 Amendments, Feedback and Limitations
5.1 Client feedback must be clear, specific, and measurable. Requests such as “make it more exciting” or “change the vibe” are not valid directions.
5.2 Up to two (2) reasonable rounds of amendments are included. Further or stylistic changes are chargeable at DS Media’s current rate.
5.3 DS Media’s creative results depend on the materials, locations, and conditions provided. Outcomes are limited by those factors, and DS Media cannot guarantee results beyond them.
6 Artistic Licence
6.1 The Client acknowledges that creative interpretation is subjective.
6.2 Variations in style, colour, or tone compared with DS Media’s prior work shall not constitute defect or breach.
7 Payment Terms and Late Fees
7.1 Unless otherwise agreed, a non-refundable 50 % deposit secures the booking; balance is due on delivery.
7.2 Where no deposit is taken, full payment becomes immediately due upon delivery of the final WeTransfer link.
7.3 Invoices must be paid within seven (7) days of issue.
7.4 Late payments accrue interest at 8 % per annum above the Bank of England base rate, plus statutory recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
7.5 Failure to pay constitutes breach of contract; DS Media may suspend further work and recover outstanding sums through the County Court or Money Claim Online process.
8 Ownership and Intellectual Property
8.1 All copyright and intellectual property in footage, audio, photographs, and edits remain the property of DS Media until full payment is received.
8.2 Upon full payment, the Client receives a non-exclusive licence to use the deliverables for the purpose described in Schedule A.
8.3 Raw footage is supplied only if specifically itemised and paid for in full.
8.4 DS Media retains the right to use excerpts for showreel, marketing, and portfolio purposes unless the Client opts out in writing prior to delivery.
8.5 DS Media also retains the right to licence, sell, or otherwise commercially use any footage or material created during the project that does not identify the Client, their staff, or proprietary business information, unless otherwise agreed in writing. Any such use will comply with data-protection and privacy laws.
9 Cancellation and Termination
9.1 Either party may terminate before completion by giving written notice.
9.2 If the Client cancels after work has begun, DS Media may retain the deposit and invoice for all work done to date and unrecoverable costs.
9.3 If DS Media terminates without cause, any payments for undelivered work will be refunded in full.
9.4 The Agreement automatically ends after final delivery and acceptance or expiry of the seven-day review period.
10 Client Responsibilities
10.1 The Client must provide DS Media with full cooperation throughout the project, including timely access to locations, subjects, and information necessary for filming and delivery.
10.2 The Client is responsible for providing accurate schedules, shot lists, and contact details for all participants or key moments they wish to have recorded.
10.3 DS Media cannot guarantee coverage of any person, event, or scene that was not specifically identified or scheduled in advance in writing by the Client.
10.4 The Client acknowledges that DS Media cannot be held responsible for missed moments, limited coverage, or restricted access caused by lack of information, delays, or interference from the Client, their guests, or venue staff.
10.5 Where the Client or venue restricts movement, lighting, or access, DS Media’s liability for the resulting quality or coverage is excluded.
11 Data Protection and Confidentiality
11.1 DS Media will process personal data in accordance with UK GDPR and the Data Protection Act 2018.
11.2 All confidential information obtained during the project shall remain confidential except where disclosure is required by law.
12 Liability and Force Majeure
12.1 DS Media’s total liability is limited to the total fees paid for the affected project.
12.2 DS Media shall not be liable for indirect, consequential, or economic loss.
12.3 Neither party is liable for delay or failure caused by events beyond reasonable control, including but not limited to illness, weather, or equipment failure.
13 Governing Law and Jurisdiction
13.1 This Agreement and any dispute or claim (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and Wales.
13.2 The courts of England and Wales shall have exclusive jurisdiction.
