Terms and Conditions
These standard Terms and Conditions apply to all animations, videos and associated products created by Sundstedt® Animation. If you would like alternative terms for your project, we are happy to discuss them.
In the following Terms and Conditions the words ‘Sundstedt Animation’ ‘we’ ‘us’ ‘our’ refers to Anders Sundstedt trading as Sundstedt Animation, a UK sole trader.
The word ‘client’ refers to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
Ownership of Copyright/Copyright Licence
- Sundstedt Animation retains the ownership, intellectual property and copyright of the final animation. Any artwork, illustrations, images, digital files and electronic project files and will be copyrighted to and remain the property of Sundstedt Animation. In alignment with UK law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of the copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. Any footage, logos and music included in the animation will remain copyrighted to their respective owners.
- Rights of use: On the final payment, the client is granted a worldwide, time-unlimited license to use the completed animation content in the complete delivered form in the state in which we provide it to the client, for permitted commercial purposes, defined as:
- Advertising, promotion, marketing
- As part of a commercial website for promotional purposes
- Social media
- YouTube, Vimeo, Instagram
- Restrictions on use: Sundstedt Animation retains all copyright over any content we produce. The client may not sub-license, relicense, rent out, sell, redistribute, give away or otherwise transfer or distribute the animation or the rights obtained in this license. Media may not be incorporated into trademarks, logos, or service marks. Any design, drawing, video, animation or motion graphic created for the customer by Sundstedt Animation is licensed for use by the client on a one-time-only basis in the complete delivered animated video content form, for a given purpose at the specified price. We do not give permission for any material to be modified, transformed, re-edited, re-used, copied, altered or built upon in any way or form without the express written consent of Sundstedt Animation.
- These basic standard terms do not give the client permission to use still images, illustrations, footage, designs, sketches or clips from the animated video anywhere, including websites, presentations, sales meetings, social media, print or documents for any projects.
- Source Files: Charges for creative work do not cover the release of copyright design files including PSD, PNG, SVG or any other source files related to the project such as animation storyboards, sketches, illustrations, video previews or individual still frames from animations.
- Anders Sundstedt reseves the right to display the completed animation (in part or in full), behind the scenes footage, drawings, designs, illustrations, images, concepts, video footage and storyboards as part of his promotional activities including his websites, portfolio, showreels, literature, exhibitions, social media, advertising, brochures, galleries, video profiles (including Vimeo, YouTube, Instagram), film festivals and to write about and link to the clients project on his websites and other relevant places related to his animation services. You consent Anders Sundstedt (the copyright owner) the right to sell art prints. If the client does not publish the animation online within 3 months after completion, you consent Anders Sundstedt the right to begin displaying the video, clips and artwork as part of his promotional activities including portfolio, showreel, website, social media and other places related to animation.
Payment
- Payment invoices are to be paid upon receipt. Bank transfer (BACS) is preferred and BACS information will be issued on the invoice. PayPal is another option (when within PayPal sending/receiving limits) if agreed in advance. We reserve the right to charge further interest and late payment fees on all overdue invoices at a rate of 6% per month is payable on any balance unpaid after 10 days of the date of invoice. Payment is to be made either 100% paid up front, or a 50% deposit at the start of the project and the remaining 50% paid upon completion. When full payment is received, the client is given a password to download the video on Vimeo in both the original HD quality and additional lower resolutions (included), all ready to be used. Any fees incurred by us in recovering payment will be chargeable. If the client does not pay the remaining invoice within 30 days after project completion, you consent Anders Sundstedt the right to begin displaying the work as part of promotional activities including portfolio.
Cancellation
- If a commission is canceled before completion of the project, any payments made (50% deposit or 100% up front payment) will be retained, plus a percentage of the project work completed so far (if only 50% was paid up front) will be invoiced.
- Dormancy Cancellation: If client disappear for 45 days, or delay the project with no forward movement and no communication for 45 days, this contract will be canceled and no refunds will be given.
Delivery
- We shall do our best to deliver the artwork to the client by our estimated timeframe and shall notify the client of any anticipated delay as soon as possible. The start of the estimated project timeframe should be deemed to be from the date that funds are received by Sundstedt Animation for the deposit payment and clients finalized brief, final script and storyboard. Expected email respose time from clients is by the end of the day or the next working day, including answering questions about the project, the approval of completed parts, designs or storyboard. If client do not respond quickly enough, this may cause the project estimated timeframe and any deadline date to be reviewed. We shall not be liable for any consequential loss or damages arising from late delivery of the work. The original video file including any extra video download options are delivered via Vimeo.com, where the video is uploaded and hosted. The client may also download the video and host on other websites.
Changes and revisions
- If the client changes the project brief and/or requires subsequent changes, amendments, additions or variations, this will be charged accordingly for any additional working days and possible expenses.
Warranties
- Except where the artwork is based on reference material or visuals supplied by the client or where otherwise agreed, Sundstedt Animation warrants that the artwork is original and does not infringe any existing copyright.
- It is the client’s responsibility to obtain all necessary permissions for the agreed use of material supplied by the client and shall indemnify Sundstedt Animation against all claims and expenses including reasonable legal fees arising from Sundstedt Animation use of any materials provided by the client or its customer. Where copyright material is provided by the client for incorporation into a Sundstedt Animation production, permission must be obtained from the original copyright owner/material provider.
- Sundstedt Animation cannot be held liable for loss or damage caused as a result of client or third-party action or failure.
General
- The placement of an order or instruction to proceed for the production of an animated video, illustration or other service offered by Sundstedt Animation, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.sundstedt.co.uk. This document shall be taken as an agreement between the client and Anders Sundstedt trading as Sundstedt Animation under UK law.
Anders Sundstedt trading as Sundstedt® Animation is a Sole Trader in Scotland, UK. The address is 22 Auldlea Gardens, KA15 2EP, Beith, Scotland, UK.
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