Terms of Service

These terms ("Terms") govern your use of crestwickdigital.com (the "Website") and set out the general basis on which Crestwick Digital Ltd supplies creative, production and social media services. By using the Website you accept these Terms.

1. Who we are

Crestwick Digital Ltd, registered in England and Wales, company number 00000000, registered office Studio 6, 74 Deansgate, Manchester, M3 2BW. VAT registration GB 000000000. Email [email protected].

2. Using the Website

You may use the Website for lawful business or personal reference. You must not use it in breach of any law, attempt unauthorised access to it or any connected system, introduce malicious code, interfere with availability, scrape or systematically extract content without written consent, or misrepresent your identity when contacting us. We may change, suspend or withdraw the Website at any time without notice, and we do not warrant uninterrupted availability.

3. Intellectual property in the Website

All intellectual property in the Website and its content belongs to us, our clients or our licensors. Portfolio images, video and campaign work shown here are reproduced with permission and remain the property of the relevant rights holders. You may view and print extracts for internal reference; any other reproduction, republication, adaptation or commercial use requires written permission. "Crestwick Digital" and our device mark are our trade marks.

4. Case studies and figures

Case study figures relate to specific historical engagements, are drawn from client platform and order data under conditions particular to those engagements, and are not a forecast or warranty of results elsewhere. Website content is general information, not professional advice.

5. Third-party links and platforms

Links to third-party sites are provided for convenience only and we accept no responsibility for their content. Our services depend on third-party platforms including social networks, advertising systems and analytics tools. We are not responsible for their availability, pricing, policy changes, algorithm changes, account suspensions or discontinuation, or for any resulting effect on results or timelines.

6. How services are contracted

Services are supplied under a separate written agreement comprising a statement of work and our master services agreement (the "Agreement"). Nothing on the Website is an offer capable of acceptance and no contract exists until the Agreement is signed by both parties. Where these Terms conflict with the Agreement, the Agreement prevails. Scope changes are agreed in writing through change control before work begins.

7. Fees and payment

• Fees are a flat monthly retainer or a fixed project fee, stated in the Agreement and exclusive of VAT. Production capacity included in a retainer is specified in the statement of work.
• We do not charge a percentage of advertising spend, and we accept no rebates, commissions or non-monetary benefits from platforms or creator marketplaces.
• Advertising spend, creator fees, licensed music, talent, props, travel and location hire are pass-through costs, recharged at cost with supporting documentation.
• Retainers are invoiced monthly in advance; project fees per the milestones in the statement of work. Payment is due 30 days from invoice date.
• We may charge interest on overdue amounts at 4% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend services where an invoice is more than 30 days overdue.

8. Ownership of creative work

On payment of the relevant invoice, intellectual property in bespoke creative work we produce for the client — final assets, raw footage, stills, project files and design source files — is assigned to the client, and we deliver those files at no additional charge. Our pre-existing templates, frameworks, methodologies and tools remain ours and are licensed to the client for its internal use. Third-party assets such as stock footage, licensed music and fonts are supplied under their own licences, whose scope and duration we disclose in writing before use; the client is responsible for staying within those licences after handover. We may show completed work in our portfolio only with the client's prior written approval.

9. Creator and talent engagements

Where we engage creators, influencers, models or other talent on a client's behalf, usage rights are defined in a written collaboration agreement specifying media, territory, duration and whether paid amplification is permitted. Those rights are finite. We maintain a rights register and will notify the client before a licence expires, but the client is responsible for ceasing use of expired material after handover, and we are not liable for use beyond the licensed scope. Creator fees are pass-through costs. We pay creators to the terms stated in their agreements and require the client to fund those payments in advance of the relevant milestone.

10. Advertising standards and approvals

All advertising, branded content and creator collaborations must comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) and with platform policies. We draft creator briefs to require clear and prominent disclosure of a commercial relationship, and we check disclosure before publication. Responsibility for the accuracy of product claims, pricing, availability and any regulated content rests with the client, who indemnifies us against claims arising from information it supplies. Where we believe proposed content presents a compliance risk we will say so in writing and may decline to publish it.

11. Client obligations

To deliver at the cadence we promise we rely on the client to provide a nominated approver with authority; feedback and approvals within the timescales in the statement of work; timely access to channels, ad accounts, analytics and product information; product samples and shipping where a shoot requires them; and accurate information about claims, pricing and stock. Consolidated feedback in a single round is expected; additional rounds beyond those specified may be chargeable. Delay in these areas may move delivery dates, and we are not liable for the consequences.

12. Shoots, cancellation and rescheduling

Shoot dates are confirmed in writing. A shoot cancelled or rescheduled by the client with more than ten working days' notice may be moved without charge, subject to availability. Between ten and five working days' notice, 50% of committed third-party costs are payable. Within five working days, all committed third-party costs (crew, talent, location, equipment) are payable, together with any studio day rate stated in the statement of work. We will always try to reallocate the capacity rather than charge for it. Where we cancel for reasons within our control we reschedule at no cost to the client.

13. No guarantee of results

We perform our services with reasonable skill and care in accordance with good industry practice. Social and advertising outcomes depend on factors outside our control, including platform algorithm and policy changes, auction dynamics, competitor activity, seasonality, your pricing and proposition, product availability, website performance and organic audience behaviour. We therefore do not guarantee any specific level of reach, engagement, follower growth, conversion volume, revenue or return on ad spend, and any projection is an informed estimate rather than a warranty.

14. Confidentiality and data protection

Each party will keep the other's confidential information secret and use it only for the purposes of the Agreement, for three years after termination and indefinitely for trade secrets. Unreleased product information is treated as confidential by default and is restricted to named personnel. Where we process personal data on the client's behalf we act as processor under an Article 28 compliant data processing agreement. Our own controller processing, including creator and talent data, is described in our Privacy Policy.

15. Term, termination and handover

Retainers run for any initial minimum term in the Agreement and continue until terminated by either party on 60 days' written notice. Either party may terminate immediately for material breach not remedied within 21 days of written notice, or on insolvency. On termination the client pays for services performed and for committed third-party costs. We deliver all final assets, raw files and project files produced up to that date, transfer ad account and channel access, and provide a handover document and call at no additional charge.

16. Liability

Subject to that, and so far as the law permits: implied warranties relating to the Website are excluded; we are not liable for loss of profit, revenue, anticipated savings, business opportunity, goodwill or data, nor for indirect or consequential loss; our aggregate liability under an Agreement is limited to the fees (excluding pass-through costs) paid by the client in the 12 months before the event giving rise to the claim; and our liability to a non-client Website user is limited to £100. We hold professional indemnity, public liability and employer's liability insurance, and equipment cover for shoots; details are available on request.

17. Force majeure

Neither party is liable for delay or failure caused by an event beyond its reasonable control, including acts of God, severe weather preventing a location shoot, war, civil unrest, industrial action, epidemic, failure of utilities or networks, or the suspension, withdrawal or material policy change of a platform on which the services depend. The affected party will notify the other promptly and mitigate so far as reasonably possible.

18. General and governing law

• Entire agreement — the Agreement and these Terms supersede earlier discussions on their subject matter.
• Assignment — not without written consent, save to a group company or on a sale of the business.
• Subcontracting — permitted to vetted freelancers and crew, for whose work we remain responsible.
• Non-solicitation — neither party will knowingly solicit the other's staff during the engagement or for six months afterwards, excluding responses to public advertisements.
• Severance and waiver — unenforceable provisions are severed; delay in enforcing a right is not a waiver of it.
• Third parties — only the parties may enforce these Terms.
• Notices — in writing, by email to the addresses in the Agreement or by recorded post to the registered office.

These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. The parties will first attempt resolution by senior-level discussion and then mediation under the CEDR Model Mediation Procedure.