Terms and Conditions of De La Force Creative Ltd.

These terms and conditions outline the policies and practices of De La Force Creative Ltd., trading as “Nick de la Force” or “De La Force Creative” ("Agency") regarding the provision of content production or training services originating in the UK. By engaging the Agency, clients acknowledge and agree to these terms and conditions.

1. General Policies

  • Content production and/or training services are provided in accordance with these terms. Any changes to these terms must be agreed upon in writing.

  • The Agency operates independently. Third parties may not impose agency fees unless discussed and agreed upon in advance.

  • Third-party agencies, freelancers, and employees may not edit or alter the work created by the Agency without express permission. This may incur an additional fee and may require a full rights buyout.

  • The Agency will not be subject to non-compete clauses in any form.

  • These terms constitute the entire agreement between the parties, superseding any prior agreements or discussions.

  • If any term in this agreement is found invalid or unenforceable, the remaining terms shall remain in effect.

2. Booking, Payment, and Cancellation

Booking and Payment

  • A booking is confirmed upon written agreement of terms via email, WhatsApp, or call.

  • A deposit may be required for some services.

  • The balance must be paid within 14 days of receipt of the invoice in compliance with UK law.

  • Late payments will incur interest at 8% per annum above the Bank of England base rate from the due date until payment is received, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

  • Additional debt recovery costs may be applied if necessary.

Cancellation Policy

Cancellations made:

  • 7 days or less before the scheduled work: 100% of the agreed fee is payable.

  • 2 weeks or less before the scheduled work: 75% of the agreed fee is payable.

  • 4 weeks or less before the scheduled work: 50% of the agreed fee is payable.

  • Cancellations made more than 4 weeks before the scheduled work will not incur charges.

For consumer clients, statutory cancellation rights apply in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If the service is booked remotely, consumers have a 14-day cooling-off period to cancel for a full refund unless they request immediate service commencement.

3. Copyright and Content Usage

  • The Agency retains full copyright over all raw footage and edited content produced, except where a written copyright assignment is agreed upon.

  • Clients are granted a license to use the content only for the original agreed-upon purposes unless otherwise agreed in writing.

  • Clients may not edit, alter, or repurpose content (including colour, framing, audio, and text changes) without permission.

  • Training decks, pitch decks, PDFs, and related materials remain the intellectual property of the Agency and may not be edited, shared, or repurposed outside their intended use.

  • Sharing these materials with any individual or organisation deemed a competitor to the Agency is prohibited.

  • Any unauthorised use of unedited content, including refusal to alter credits, incurs a penalty of £500.

4. Agency's Use of Content

  • The Agency reserves the right to use content for portfolio purposes, promotional materials, competitions, and exhibitions.

  • Clients wishing to opt out of portfolio use may be subject to an additional exclusivity fee, which will be discussed prior to work commencement.

5. Client Responsibilities

  • Clients are responsible for providing accurate work details, including location and special requirements.

  • Clients must secure necessary permissions, property releases, and quitclaims where applicable.

  • The Agency is not liable for any issues arising from a lack of required permissions.

  • If the Agency is filming at a client’s premises, the client must ensure a safe working environment that meets UK health and safety laws.

6. Delivery of Content

  • Edited content will be delivered within the agreed timeline.

  • Content will be available online for 3 months. After this period, it is the client's responsibility to download and store all content.

  • The Agency retains the right to delete original files after 3 months.

7. Limitations of Liability

  • The Agency will provide services with reasonable care and skill.

  • The Agency is not liable for delays or failures due to:

    • Equipment failure or unforeseen circumstances.

    • Weather conditions, natural disasters, or force majeure events.

    • Client-provided materials that infringe third-party rights.

  • In the event of a dispute, the Agency's liability is capped at the total fees paid by the client.

  • The Agency cannot be held liable for indirect, incidental, or consequential losses.

  • Any liability for death or personal injury caused by negligence is not excluded.

8. Privacy and Data Protection

  • The Agency complies with GDPR and the UK Data Protection Act 2018.

  • Personal data will only be collected and used for contract fulfilment and internal business operations.

  • Personal data will not be shared with third parties without consent, except where required by law.

  • Clients must ensure they have lawful authority to provide any personal data for use in video content or training.

9. Governing Law

  • These terms are governed by the laws of England and Wales.

  • For B2B clients, disputes shall be resolved exclusively in English courts.

  • For EU consumer clients, this choice of law does not deprive them of their mandatory consumer rights under local law.

10. Social Media and Image Credit

  • Clients must credit the Agency in any social media posts featuring content produced by the Agency (@nickdlf, @delaforcecreative).

  • Commercial use of images or content requires a buyout fee starting at £1000, with final pricing based on scope and duration.

  • Clients may not use content for commercial purposes without an agreed-upon licensing fee.

11. Dispute Resolution

  • If a dispute arises, the parties agree to attempt informal resolution through senior management discussions.

  • If unresolved, the dispute may proceed to mediation before litigation.

  • If a consumer dispute arises in the EU, the client may have the right to seek resolution through the European Online Dispute Resolution platform.

12. Compliance with Industry Standards

  • The Agency will obtain all necessary filming permissions and model releases for projects.

  • The Agency will adhere to UK Civil Aviation Authority regulations for drone filming.

  • Clients must ensure that any venue provided meets UK health and safety standards.

13. Confirmation Clause

By engaging in services with Nick de la Force / De La Force Creative, the client confirms they have read, understood, and agree to these Terms and Conditions in full.