Terms & Conditions
Welcome to OUTTACUBE.
These Terms & Conditions explain the rules governing the use of our website and the provision of our creative services. By using our website, you agree to the website-related terms below. Where you commission our services, the service-related terms apply when incorporated into your agreed quotation, proposal or contract.
Please read these terms carefully.
1. About OUTTACUBE
OUTTACUBE is a creative production and marketing business specialising in visual storytelling, film production, photography, creative content and related services.
These terms are issued by:
OUTTACUBE LTD
Company Number: 14660380
Registered in: England and Wales
Registered Office: 40 Gillway Lane, Tamworth, England, B79 8PL
Contact Email: [Insert business email address]
References to "OUTTACUBE", "we", "us" and "our" refer to the legal entity identified above. References to "client", "you" and "your" refer to the person or organisation purchasing or using our services, as appropriate.
2. Our Services
OUTTACUBE may provide services including, but not limited to:
-
Videography, filmmaking and video production.
-
Commercial and promotional films.
-
Photography and image editing.
-
Social media and digital content creation.
-
Creative direction and brand storytelling.
-
Advertising and marketing campaign production.
-
Video editing, colour grading and post-production.
-
Aerial photography and videography, where appropriately authorised.
-
Website, branding and associated creative services where expressly offered.
-
Other creative or digital services agreed with clients.
The exact services, deliverables, fees and deadlines will be outlined in an agreed quotation, proposal, booking confirmation or separate written contract.
Services not expressly included in the agreed scope may be subject to additional charges.
3. Quotations, Bookings and Agreements
All quotations are based on the information provided by the client at the time of enquiry.
Unless otherwise stated, quotations remain valid for 30 days.
A project becomes confirmed when OUTTACUBE accepts the booking or commission in writing, subject to any agreed deposit or other booking requirements.
Any changes to the scope, location, schedule, deliverables or requirements may result in revised pricing and deadlines.
Where a separately signed agreement conflicts with these Terms & Conditions, the signed agreement will take precedence for that particular project.
4. Payment Terms
All fees and payment schedules will be confirmed before work begins.
OUTTACUBE may require a deposit or advance payment to secure a booking or commence production.
Unless otherwise agreed in writing, invoices are payable within 14 calendar days of issue.
We reserve the right to suspend further work, withhold final deliverables or postpone future bookings where payment is overdue, subject to applicable law and the terms of the agreed contract.
For business clients, statutory interest and reasonable recovery costs may be charged on qualifying late commercial payments in accordance with applicable legislation.
Any applicable VAT will be clearly identified on the quotation or invoice.
Client usage rights will not commence until the fees associated with the relevant deliverables have been paid in full, unless expressly agreed otherwise.
5. Copyright and Intellectual Property
Unless otherwise agreed in a separate written agreement, copyright and intellectual property rights in original works created by OUTTACUBE remain with OUTTACUBE or their respective lawful rights holders.
This may include:
-
Photographs and photographic edits.
-
Video footage and completed films.
-
Creative concepts and treatments.
-
Video edits, colour grades and graphics.
-
Storyboards, scripts and creative direction.
-
Original artwork, designs and animations.
-
Other original creative materials produced during a project.
Payment for a commissioned project does not automatically transfer copyright ownership to the client.
Any transfer or assignment of copyright must be expressly agreed in a signed written agreement identifying the rights being transferred.
Third-party materials, including stock footage, music, fonts, software and licensed imagery, remain subject to their respective owners' rights and licensing terms.
6. Client Usage Licences
Upon receipt of full payment, clients are granted a non-exclusive, non-transferable licence to use the agreed final deliverables for the purposes, channels, territory and duration specified in their quotation or contract.
Unless otherwise stated, the standard licence permits the commissioning business to use completed deliverables for its own lawful business marketing and promotional purposes, including:
-
Its own website.
-
Its own social media channels.
-
Digital promotional materials.
-
Business presentations.
-
Organic and paid digital advertising, where third-party licences allow.
-
Other agreed marketing activity.
The standard licence is worldwide and continues indefinitely, subject to these terms and any third-party licence restrictions.
This licence does not transfer copyright ownership.
Clients may upload final deliverables to relevant platforms, advertising services, hosting providers and other technical suppliers as reasonably necessary for their authorised use.
Any additional usage outside the agreed scope may require separate written permission and additional licensing fees.
7. Resale, Redistribution and Third-Party Use
Unless expressly authorised in writing, clients must not:
-
Sell, resell or commercially license OUTTACUBE's work to third parties.
-
Distribute photographs, footage or other deliverables as standalone commercial assets.
-
Offer our work through stock photography or stock footage marketplaces.
-
Transfer or sublicense intellectual property rights to another business.
-
Claim to own copyright where copyright has not been assigned.
-
Represent our original creative work as their own original production.
Clients may share deliverables with employees, contractors, agencies, publishers, broadcasters and service providers where reasonably necessary for their authorised use, provided such parties do not acquire independent resale or licensing rights.
Any additional commercial distribution rights must be agreed separately.
Unauthorised use may constitute copyright infringement and may result in legal action.
8. Raw Footage, Photographs and Project Files
Unless specifically included in the agreed scope, OUTTACUBE is not obliged to supply:
-
Unedited or RAW photographs.
-
Unedited video footage.
-
Original camera files.
-
Premiere Pro, After Effects or other editable project files.
-
Project timelines, layered assets or working files.
-
Unused creative concepts or rejected edits.
Such materials remain within OUTTACUBE's production archive and may be subject to separate fees and licensing arrangements if made available.
OUTTACUBE is not obliged to retain original project materials indefinitely.
Unless a separate retention arrangement is agreed, clients should download and securely back up their completed deliverables promptly after delivery.
9. Revisions and Creative Amendments
The number of revisions included in a project will be stated in the agreed quotation or proposal.
A revision generally means a reasonable adjustment to an existing agreed creative deliverable, rather than a fundamental change to the original brief.
Requests involving significant changes to the creative direction, additional filming, replacement content or work outside the agreed scope may incur additional fees.
Once the included revision allowance has been exhausted, further revisions may be quoted separately.
Clients are encouraged to provide clear, consolidated feedback to minimise delays.
10. Client Responsibilities
Clients agree to:
-
Provide accurate information and clear project instructions.
-
Supply necessary materials within agreed timescales.
-
Obtain permission for access to filming and photography locations.
-
Secure appropriate permissions from identifiable participants where required.
-
Ensure client-supplied music, images, logos and other materials can lawfully be used.
-
Notify OUTTACUBE of relevant safety risks or restrictions.
-
Respond to reasonable requests for feedback and approvals.
Clients remain responsible for the accuracy and legality of claims, statements and information they provide for inclusion in creative materials.
Where a delay is caused by missing information, approvals or access, delivery schedules may need to be revised.
11. Filming, Photography and Production
OUTTACUBE will perform its services with reasonable care and skill.
Production schedules may be affected by weather, safety conditions, equipment issues, access restrictions or circumstances outside our reasonable control.
Where conditions prevent safe or lawful filming, OUTTACUBE may postpone or modify the affected activity after discussing reasonable alternatives with the client.
Drone operations are subject to applicable aviation regulations, operational restrictions and safety considerations.
We cannot guarantee that every requested shot, location, weather condition or creative outcome will be achievable.
Where difficulties arise, we will take reasonable steps to communicate with the client and identify a suitable solution.
12. Cancellation and Postponement
Clients wishing to cancel or postpone a booking should notify OUTTACUBE in writing as soon as reasonably possible.
Any cancellation charges will reflect the agreed booking terms, work already completed, non-recoverable expenses and other reasonable losses arising from cancellation, subject to applicable law.
Deposits are not automatically non-refundable in all circumstances.
Where a booking is postponed, OUTTACUBE will make reasonable efforts to accommodate a revised date, subject to availability and any additional costs.
If OUTTACUBE must cancel a booking due to circumstances within our control, we will discuss appropriate alternatives or refunds for services not provided, in accordance with the applicable contract and law.
Nothing in this section limits any statutory cancellation rights available to consumers.
13. Delivery Timescales
Estimated completion dates will be communicated during the booking or production process.
Deadlines may depend on timely client feedback, approvals, access to materials, third-party services and other project requirements.
OUTTACUBE will make reasonable efforts to meet agreed deadlines.
Where delays arise, we will notify affected clients and discuss a revised delivery schedule.
Unless specifically agreed, delivery does not include unlimited future re-exports, platform adaptations or ongoing technical support.
14. Approval and Publication
Clients are responsible for reviewing deliverables carefully before approving them for publication.
Where approval is requested, clients should identify factual errors, incorrect details, licensing concerns or other material issues during the agreed review process.
Approval does not remove any statutory rights or excuse failure by OUTTACUBE to exercise reasonable care and skill.
After approval, additional creative changes or changes arising from subsequently supplied information may be treated as additional work.
15. Third-Party Materials and Licensing
Some projects may incorporate third-party assets such as music, stock footage, photographs, fonts, plugins or licensed graphics.
These materials may carry restrictions relating to territory, duration, platforms, audience size, advertising expenditure, redistribution or other uses.
Any applicable restrictions will be communicated where relevant to the client's intended use.
Clients must not extract, separately distribute or reuse third-party assets outside the rights provided by the applicable licence.
Additional licensing may be required for television broadcasts, cinema advertising, major paid campaigns or other uses not originally agreed.
16. Portfolio and Promotional Use
OUTTACUBE may request permission to display completed projects, photographs, videos and other creative work within its website, showreels, social media channels, award entries and promotional materials.
Where such use has been agreed, OUTTACUBE may identify the project and its client unless confidentiality restrictions or another agreement prohibit this.
Portfolio use remains subject to applicable privacy, confidentiality, copyright, image rights and other legal requirements.
Confidential, unpublished or commercially sensitive material will not be publicly disclosed without appropriate authorisation.
17. Confidentiality
Both parties agree to take reasonable care to protect confidential information received during a project.
Confidential information must not be disclosed to unauthorised third parties, except where necessary to perform agreed services, required by law or otherwise authorised.
This does not apply to information lawfully available to the public or independently obtained without breaching confidentiality obligations.
Specific confidentiality or non-disclosure agreements will take precedence where applicable.
18. Marketing and Advertising Services
Where OUTTACUBE provides marketing, digital advertising or campaign services, we will use reasonable care and professional judgement.
However, marketing outcomes are influenced by factors outside our control.
We do not guarantee:
-
Specific sales or revenue figures.
-
A particular return on advertising expenditure.
-
Guaranteed enquiries, leads or conversions.
-
Search engine rankings.
-
Social media follower growth or engagement levels.
-
Approval of advertisements by third-party platforms.
Third-party advertising budgets, platform fees and software subscriptions are separate from our professional fees unless expressly included.
Clients remain responsible for the accuracy of their products, services and advertising claims.
19. Website and Digital Services
Where website design, development or digital support forms part of an agreed project, its scope will be specified separately.
Unless expressly included, ongoing hosting, domain registration, website maintenance, software subscriptions, security monitoring, third-party platform costs and future updates are not included.
Third-party website platforms and integrations are subject to their own terms and conditions.
OUTTACUBE cannot guarantee uninterrupted operation of services controlled by independent third-party providers.
Any intellectual property licences relating to bespoke website designs, code or creative assets will be defined in the project agreement.
20. Website Content and Acceptable Use
All original website text, branding, graphics, photographs, videos and creative materials are protected by applicable intellectual property laws.
Visitors must not reproduce, commercially exploit, scrape or redistribute protected material without permission, except where permitted by law.
Visitors must not knowingly introduce malicious software, interfere with website security or attempt unauthorised access to systems connected to this website.
Our website may contain links to third-party websites. These are provided for convenience and do not necessarily imply endorsement.
We are not responsible for the independent content or practices of third-party websites.
21. Business Name and Brand Identity
The OUTTACUBE name, logo, visual identity and associated branding are used to identify our business and services.
No permission is granted to use our branding in a way that falsely suggests affiliation, sponsorship, endorsement or ownership.
Where applicable, trademark rights and protections are governed by relevant intellectual property law.
Nothing in these Terms & Conditions transfers ownership of OUTTACUBE's branding or other intellectual property.
22. Liability
OUTTACUBE will perform its services with reasonable care and skill.
Nothing in these terms excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded or restricted.
For business-to-business contracts only, and subject to applicable law and the requirement of reasonableness, OUTTACUBE's aggregate liability arising from a particular project will be limited to the total fees paid or payable under that project's agreement.
For business-to-business contracts only, OUTTACUBE will not be liable for indirect or consequential commercial losses, including lost profits, anticipated savings or business opportunities, to the extent such exclusions are lawful and reasonable.
These limitations do not override express commitments made in a separate agreement or rights that cannot lawfully be excluded.
Consumer rights remain unaffected.
23. Complaints and Disputes
We aim to resolve concerns professionally and fairly.
Clients should contact OUTTACUBE in writing with details of any complaint, including the relevant project and the issue requiring attention.
We will investigate concerns and respond within a reasonable period.
Where possible, both parties should attempt to resolve disputes through constructive discussion before commencing formal legal proceedings.
Nothing in this section restricts any legal or statutory remedy.
24. Consumer Rights
Where our services are purchased by a consumer, applicable consumer protection legislation continues to apply.
Depending on the nature of the contract and how it was entered into, consumers may have statutory cancellation rights, including a 14-day cancellation period for certain distance or off-premises contracts.
Where a consumer requests that services begin during an applicable cancellation period, any payment obligations or loss of cancellation rights will be determined in accordance with the legal requirements, including any necessary express requests, consents and acknowledgements.
Nothing in these terms limits rights under the Consumer Rights Act 2015 or other applicable legislation.
25. Data Protection
We process personal information in accordance with applicable UK data protection legislation.
Information about the collection, use, storage and sharing of personal data should be provided in our separate Privacy Policy.
Where projects involve personal data processed on behalf of clients, additional data protection arrangements may be required.
Website cookies and similar technologies are addressed in our separate Cookie Policy.
26. Changes to These Terms
OUTTACUBE may update these Terms & Conditions from time to time.
The latest version will be published on this website with an updated revision date.
Changes will not retrospectively alter an existing client agreement without a valid contractual or legal basis.
27. Governing Law
Unless otherwise required by applicable law or agreed in writing, these Terms & Conditions are governed by the laws of England and Wales.
For business-to-business contracts, the courts of England and Wales will have exclusive jurisdiction, unless otherwise agreed in writing.
Consumers retain any mandatory legal rights relating to jurisdiction and the law applicable to their contract.
28. Contact
For questions about these Terms & Conditions, usage licences, copyright permissions or our services, please contact:
OUTTACUBE Creative and Marketing LTD