Terms and Conditions of Trade
Streamstay Limited trading as Cuecut
1. Definitions
In these Conditions the following expressions shall have the following meanings:
“The Company” means Streamstay Limited trading as Cuecut and its permitted assigns or sub-contractors.
“The Client” means the person, firm or company with whom the Contract is made.
“Services” means the video and audio production services provided by the Company to the Client.
“Contract” means the contract between the Company and the Client under which the Services are to be supplied.
“Video” means edited audio-visual content produced by the Company (excludes any unedited/raw content).
“Audio” means edited sound recordings, mixes, or masters produced by the Company.
“Working Day” means every day of the week excluding Saturday, Sunday and UK statutory holidays.
2. General
2.1 These Conditions shall be incorporated in all Contracts and shall prevail over any other communication or form of contract unless expressly varied in writing and signed by a Director of the Company.
2.2 These conditions are governed by English Law and English Courts shall have exclusive jurisdiction.
2.3 The Company warrants the use of industry-standard virus checking but shall not be liable for damage to Client equipment caused by software or viruses introduced via the Company.
3. Obligation to Provide Services
3.1 No order shall be binding until accepted in writing by the Company. A project will only commence when the Client has provided a valid purchase order and/or a signed agreement.
3.2 The Company reserves the right to cancel, curtail or re-schedule projects without liability other than a refund of fees already paid in advance for the related project.
4. Prices
4.1 All prices are exclusive of Value Added Tax (VAT).
4.2 Unless stated as firm for a period, prices are subject to adjustment to take account of variations in wages, materials, or other production costs occurring after the date of the Agreement.
5. Intellectual Property Rights & Retention of Title
5.1 The Client shall indemnify the Company against all costs and claims arising out of any alleged infringements of IPR occasioned by the provision of Services to the Client’s specification.
5.2 Ownership of Materials: All written information, videos, audio tapes, raw footage, and software prepared by the Company remain the property of the Company.
5.3 Transfer of Rights: The Company grants the Client limited usage rights as set out in the production agreement. Notwithstanding any other provision, the legal transfer of copyright and usage rights for any Video or Audio deliverable is strictly conditional upon the Company receiving payment in full of all sums due.
5.4 The Company reserves the right to use any Video or Audio produced for the Client within the Company’s promotional materials and website.
6. Confidentiality
6.1 All project information shall be treated as confidential and shall not be disclosed to any third party without prior written consent.
7. Terms of Payment
7.1 Unless otherwise agreed in writing, payment for Services shall be staged and due as follows:
7.1.1 Commencement Deposit (50%): Due upon confirmation of a Proposal and strictly prior to the commencement of Services.
7.1.2 Interim Payment (25%): Due upon delivery of the first edit, “rough cut,” or initial audio mix for review.
7.1.3 Final Balance (25%): Due prior to the delivery of final high-resolution Video or master Audio assets.
7.2 New Client Rule: For all first-time engagements, the Company reserves the right to require an increased Commencement Deposit or full payment of the estimated project value upfront before work begins.
7.3 Standard Terms: All invoices issued by the Company are strictly payable within 14 days of the date of the invoice.
7.4 Late Payment: Without prejudice to any other rights, the Company reserves the right to charge interest and compensation on overdue payments under the Late Payment of Commercial Debts (Interest) Act 1998 at a rate of 8% above the Bank of England base rate.
7.5 Time of Payment: The time of payment shall be of the essence of the Agreement. The Client shall not be entitled to exercise any set-off or lien.
8. Limitation of Liability
8.1 The Company’s liability for any loss or damage shall be limited to and in no circumstances exceed the price payable for the Services.
8.2 The Company shall not be liable for any consequential loss, loss of profits, or accruals.
9. Cancellation & Postponement
9.1 If the Client cancels Services less than 15 working days before project commencement, the following damages apply via a Supplementary Fee Invoice:
15-11 Working Days: 6% of total fee.
10-6 Working Days: 12% of total fee.
5-3 Working Days: 15% of total fee.
72 hours or less: 100% of total fee.
9.2 Changes to production dates will incur additional charges based on the scale above.