Terms & Conditions
Make it Matte Black Terms & Conditions
The following Terms and Conditions of Service apply to all services provided by Make it Matte Black. All production is carried out on the understanding that the client has agreed to abide by Make it Matte Black’s terms and conditions.
Copyright and ownership of all media is retained by Make it Matte Black including concepts, ideas, raw files, designs and all project files (unless otherwise stated in writing). Intellectual property is retained by Make it Matte Black.
If multiple concepts are submitted, only one concept is deemed to be given by Make it Matte Black as fulfilling the contract. All other concepts and works remain the property of Make it Matte Black, unless agreed in writing.
At the time of proposal, a written estimate or quotation will be provided. The Terms and Conditions can be read on Make it Matte Black's website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Make it Matte Black. Alternatively, the client may accept via email written in a clear and understandable manner. Acceptance binds the client to accept Make it Matte Black's terms and conditions. We will accept email orders written in the body of the email. No work on a project will commence until either document has been received by Make it Matte Black.
Acceptance of Quotation and Terms and Conditions
The placement of an order for production and/or any other services offered by Make it Matte Black via email or in writing (validated by client’s signature), constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Make it Matte Black.
Fees for services to be provided by Make it Matte Black will be set out in the written estimate or quotation that is provided to the customer. If a customer requires additional services then Make it Matte Black will revise and increase its hourly rate for all work undertaken as part of any bespoke agreement. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% (plus travel, accommodation & project costs) of the quoted fee will become immediately due (projects above £500). For projects below £500, a non-refundable deposit of 100% of the quote fee will become immediately due. The project will not commence until Make it Matte Black has received this amount. Production fees are based on the production and supply of final output files only, not original files or additional services (unless previously agreed).
Non-deposit invoices are subject to 30 days terms as standard.
Charges for any additional services over and above the estimated design will become fully payable at the time of project acceptance.
For video projects the client will be provided with a draft output to sign off, after which the final invoice will be issued when the final product is delivered. At this time the remainder of the fees due will become payable and any additional fees will be added. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by Bacs, cash, Paypal or previously agreed electronic funds transfer.
Publication and/or release of any work done by Make it Make it Matte Black on behalf of the client, may not take place before funds have cleared.
Payment in full is required before use of the final product.
Cancellation, Termination & Default
Cancellation of orders may be made initially by telephone contact, or e-mail. The customer is required to fulfil their contractual obligation as per the accepted quote.
A Termination of contract may take place at any time during the process by either party if a suitable resolution cannot be agreed through re-negotiation. If the client wishes to terminate the contract, a kill fee will be required. The kill fee is 80% of the remaining balance of the project, after which intellectual property will still remain with Make it Matte Black. The kill fee terminates the contract. The balance of monies due must be paid within 30 days.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Make it Matte Black shall be considered entitled to remove Make it Matte Black's and/or the customer's material from any and all systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services.
Customers whose accounts become default agree to pay Make it Matte Black reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
All intellectual property resides with Make it Make it Matte Black until full payment. Use of items before full payment is not permitted under any circumstances. After full payment, materials are usable within the agreed terms.
By images, music and other data to Make it Matte Black for inclusion in the project, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, text or content supplied and/or designed by Make it Matte Black on behalf of the customer, will remain the property of Make it Matte Black and/or its suppliers.
The customer may request in writing from Make it Matte Black, the necessary permission to use materials (for which Make it Matte Black holds the copyright) in forms other than for which it was originally supplied. Such permission must be obtained in writing beforehand. Make it Matte Black reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Make it Matte Black, the customer grants Make it Matte Black permission to use this material freely for the course of the project and utilise in Make it Matte Black's portfolio unless agreed otherwise.
Should Make it Matte Black, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Make it Matte Black to remove and/or replace the file.
The customer agrees to fully indemnify and hold Make it Matte Black free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
Alterations & Additions
The customer agrees that any changes required over and above the estimated work or required to be carried out after acceptance of the project will be liable to a separate charge.
The customer also agrees that Make it Matte Black holds no responsibility for any amendments made by any third party, before or after its release.
Permission, Permits & Licensing
Any item created for the customer by Make it Matte Black is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Make it Matte Black.
All work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to first use or searches and legal advice sought as to its use. Make it Matte Black will not be held responsible for any and all damages resulting from such claims. Make it Matte Black is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
For aerial work, land owners permission is a necessity, this will need to be gained prior to production. Make it Matte Black will advise but ultimately hold the client responsible for obtaining relevant permission and/or permits (unless otherwise specified).
The customer agrees to fully indemnify and hold Make it Matte Black free from harm in any and all claims resulting from the customer in not having obtained all the required permission and/or permits.
The client agrees to Make it Matte Black's definition of acceptable means of supplying data to the company.
Text is to be supplied to Make it Matte Black in electronic format as standard text (.txt), MS Word (.doc) via e-mail or transfer service.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Make it Matte Black via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Make it Matte Black will not be held responsible for any image quality which the client later deems to be unacceptable. Make it Matte Black cannot be held responsible for the quality of any image which the client wishes to be reproduced.
Additional expenses may be incurred for any necessary action.
Any indication given by Make it Matte Black of project's duration is to be considered by the customer to be estimation. Make it Matte Black cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Make it Matte Black.
Make it Matte Black considers the design project complete upon receipt of the customer's sign off. Other services such as re-rendering, uploading, transferring on the client’s behalf constitute a separate project and can be treated as a separate charge.
The customer agrees to allow Make it Matte Black to place a small credit on products, advertisements and/or a link to Make it Matte Black's own website and/or social media accounts. The customer also agrees to provide a link to Make it Matte Black’s website (in hyperlink form) wherever the content is posted digitally where possible.
The customer also agrees to allow Make it Matte Black to place all designs on Make it Matte Black's own website for portfolio and demonstration purposes and to use any products in its own publicity unless agreed otherwise.
Rights of Refusal
Make it Matte Black will not include in its projects or other data which it deems to be immoral, offensive, obscene, illegal or detrimental to Make it Matte Black’s image. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Make it Matte Black also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Make it Matte Black does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Make it Matte Black to remove the contravention without hindrance, or penalty. Make it Matte Black is to be held in no way responsible for any such data being included.
For aerial work, if proper assistance and information is not provided in compliance with the necessary standard for flight planning, Make it Matte Black has the right to cancel a project at any point.
Make it Matte Black makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Make it Matte Black will not be held responsible for any and all damages resulting from products and/or services it supplies. Make it Matte Black is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to ensure quality, we accept no responsibility for the under-performance of technical equipment or any consequential loss arising from their failure. The customer agrees not to hold Make it Matte Black responsible for any such loss or damage. Any claim against Make it Matte Black shall be limited to the relevant fee(s) paid by the customer.
Make it Matte Black reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Make it Matte Black will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Make it Matte Black reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.