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TERMS AND CONDITIONS

1. Introduction:

 

Welcome to Downshift Media, by engaging our services, you (“Client”, “You”, “Your”) agree to the following terms of service. These terms govern your use of our services and products, including photography, videography, editing, graphic design and social media management. 

 

2. Services:

 

Downshift Media specialises in content creation for businesses and individuals in the motorsport and automotive sectors. Our services include photography, videography, editing, graphic design and social media management. However we are not limited to offering only these services.

 

3. General Terms:

 

3.1 Use of content -

 

  • All content created by Downshift Media is licensed for specific uses as agreed upon at the time of engagement.

 

  • Clients are not permitted to alter our work unless granted permission by Downshift Media to re edit anything in a particular manner.

 

  • All content must be credited on social media/websites to Downshift Media and the creator.

 

  • Any monthly or subscription services not utilised within the allocated month are forfeited. It is the clients responsibility to request work.

 

  • All requests must be submitted with a minimum 3 week deadline, subject to amendment at the discretion of Downshift Media.

 

3.2 Account Responsibility -

 

  • Clients are responsible for maintaining the security and confidentiality of their account access information.

 

  • All content posted by the client must adhere to Downshift Media’s content guidelines for social media. Non compliant content must be removed upon request.

 

3.3 Raw Content -

 

  • Downshift Media does not include any raw material in any price quoted.

 

  • Raw material can be purchased at a cost of £48.30 per GB and can only be edited by Downshift Media approved editors. A list of editors is available upon request.

 

3.4 Copyright and Licensing -

 

  • All content created by Downshift Media is protected by copyright law. Unauthorised use or distribution of our content is prohibited.

 

  • Clients are granted a licence to use content for the purposes specified at the time of engagement. This license is non transferable & non exclusive.

 

3.5 Payment Terms -

 

  • Payment terms are 14 days from the invoice date. Late payments are subject to a 5% interest charge per calendar month.

  • A non refundable deposit may be required by the client and taken on booking request.

  • Payments must be made in accordance with the instructions provided on the invoice. 

 

3.6 Dispute Resolution -

 

  • Any disputes arising from these terms or our services will be resolved through mediation or arbitration in the UK, as agreed upon by both parties.

 

3.7 Governing Law -

 

  • These terms of service are governed by the laws of the United Kingdom.

 

3.8 Contact Information -

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3.9 Changes To Terms -

 

  • Downshift Media reserves the right to amend these terms of service at any time. Changes will be posted on our website and will take effect immediately upon posting.

 

3.10 Non payment and Pre booked Services -

 

  • If the client fails to make payment after a final demand has been issued, any pre booked or pre paid work will be considered void and non refundable. Downshift Media has the right to cancel any future work or bookings without further notice and no refunds will be issued for services already paid for.

  • Any last minute cancellations made by the client will result in deposits not be refunded.

 

3.11 Zero Tolerance for Abuse -

 

  • Downshift Media operates a zero tolerance policy for any form of abuse, harassment or aggressive behaviour towards its staff. Any such conduct will result in the immediate termination of services, with no refunds issued. Legal action may also be pursued where necessary.

 

 

4. Service Specific Terms:

 

 

4.1 Videography & Photography

 

 

4.1.1 Ownership and Licensing -

 

  • All content is owned by Downshift Media.

  • Exclusive ownership of content is available but must be purchased. Downshift Media reserves the right to use exclusive content in its activities.

 

4.1.2 Alterations -

 

  • Zero tolerance for altering Downshift Media’s work in ANY way. It must appear as it was delivered to you. Failure to comply will result in a penalty of £500 per piece of work altered.

 

4.1.3 Filming/Photography and Production -

 

  • All works undertaken will be as per the agreed quotation.

  • It is the clients responsibility to ensure that this is thoroughly read and understood before booking.

  • Any amendments or additional days of filming/photography will be charged at our current daily rates.

  • Any additional overtime required by the project or client on the filming day may be subject to additional costs.

  • Clear access for video, sound capture and photography shall be arranged and managed by the client. If filming or photography venues are being organised by the client, it is the responsibility of the client to ensure our production crew and supporting personnel have clear access to all relevant locations and contributors required. Delays in production as a result of inadequate access or facilities may incur additional charges.

  • Downshift Media takes health and safety matters seriously and reserves the right to remove any of our personnel/equipment from a location if deemed unsafe or if our crew are subject to abusive or aggressive behaviour. In such circumstances, the client will be fully liable for any costs incurred or subsequently arising. 

 

4.1.4 Additional Content -

 

  • Any additional content requested by the client that was not included in the original agreed quote will be subject to additional charges. Downshift Media will provide a new quotation and no work will commence until the client approves the new quotation. 

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4.1.5 Client Delays -

 

  • If the client causes a delay in the production timeline, Downshift Media will not be held liable for any additional costs, expenses or losses incurred. The client shall be responsible for any delay and shall use all reasonable endeavours to ensure the agreed timeline is maintained.

  • Downshift Media reserves the right to re negotiate the delivery date if the client delays make the original delivery date impossible to achieve. A revised timeline will be provided.

 

4.1.6 Post Production -

 

  • Downshift Media offers up to 2 rounds of reasonable amendments. Any out of scope amendments will require a new quote. Additional work will be subject to additional charges at our current post production day rate of £450.

 

4.1.7 Client Responsibilities For Two Rounds Of Amendments -

 

  • Clients must provide timely feedback and adhere to agreed deadlines. Requests for amendments should align with the originally defined project scope. The client must designate a single point of contact to coordinate feedback.

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4.2 Social Media Management Terms

 

 

4.2.1 Scope Of Services -

 

  • Downshift Media offers both full and partial social media management for Instagram & TikTok. The services include content creation, posting and management of the accounts according to the selected service package.

 

4.2.2 Content Creation and Ownership -

 

  • All content created for social media is owned by Downshift Media, unless purchased by the client. Content cannot be edited by the client without prior permission.

  • The client may request up to TWO revisions per post before it is approved for posting. This does not multiply if using other services i.e. Videography, additional revisions are subject to charges. 

 

4.2.3 Posting and Approval -

 

  • Clients may approve posts before they go live. However, only TWO rounds of revisions are allowed before additional charges apply.

  • If the client does not approve a post within 48 hours, Downshift Media has the right to proceed with the scheduled posting.

 

4.2.4 Additional Content and Strategy Changes -

 

  • Any additional content or major strategy changes requested by the client will incur extra charges. These charges are at the discretion of Downshift Media and will require approval before implementing.

 

4.2.5 Client Responsibilities -

 

  • Clients are responsible for interacting with followings, ensuring the accuracy of their information and securing their social media accounts.

  • Downshift Media will not be held responsible for hacked accounts or breaches of security.

 

4.2.6 Performance Metrics -

 

  • Downshift Media does not guarantee growth, followers or engagement. Performance metrics will only be provided upon client request.

 

4.2.7 Cancellations -

 

  • Any cancellation of services must be made in writing with a minimum of 4 weeks notice. Services already rendered up to the point of cancellation will be billed accordingly. No refunds offered.​

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