Terms of Engagement

These Terms of Engagement (“Terms”) set out the basis on which The Creative Clan provides services to you (the “Client”).

1) Who we are (contracting entity)

The Creative Clan operates under two legal entities. The contracting party will always be the entity named on the quote/invoice (the “Supplier”):

• The Creative Clan Group Ltd
  Company No. 13928917
  Registered Office: 3 Bakehouse Mews, Hampton, England, TW12 2NL, United Kingdom
• TCC Group (Pty) Ltd
  Reg No. 2020/263117/07
  Registered Office: Unit 401, 20 Lower Burg St, Cape Town City Centre, Cape Town, 8000, South Africa

Contact: info@creativeclan.net

2) Acceptance and order of precedence

2.1 These Terms apply when you accept a quote, issue a PO, pay a deposit, or instruct us to start work.
2.2 If there is a conflict, the order of precedence is:
(1) any signed agreement → (2) the quote/invoice/statement of work → (3) these Terms → (4) Schedule A (Media Usage Licence), unless the quote states otherwise.

3) Services and scope

3.1 We will provide the services described in the quote/statement of work (the “Services”).
3.2 Anything not expressly included is out of scope and may be quoted separately.
3.3 Any timelines are estimates unless the quote explicitly states they are fixed.

4) Client responsibilities

You agree to:

• provide timely access, information, feedback, and approvals
• ensure any materials you provide (logos, music, footage, copy, images) are properly licensed for the intended use
• ensure all permissions/releases are obtained where required (especially where individuals are identifiable)

If your delay causes a pause, we may re-schedule work and extend delivery dates.

5) Fees, deposits, expenses, and invoices

5.1 Fees are set out in the quote (“Fees”).
5.2 Deposit / upfront payment: unless stated otherwise, 50% is due within 7 days of acceptance (or against a PO).
5.3 Disbursements/expenses (travel, accommodation, props, location fees, talent, third-party licences, couriers, etc.) are chargeable if stated in the quote or approved by you in writing. We may require these costs to be paid upfront.
5.4 Taxes (VAT or other applicable taxes) are charged where required and will be shown on the invoice.
5.5 Travel and third-party costs subject to change: where travel/third-party costs are estimates, they may change due to supplier pricing, availability, timing, or changes to the brief/schedule. We will notify you if costs are expected to materially exceed the estimate.

6) Late payment, recovery costs, and suspension

6.1 We may suspend work (and withhold delivery / usage rights) if invoices are overdue.
6.2 Interest accrues on overdue sums from the due date until payment in cleared funds.

6.3 Where the Supplier is The Creative Clan Group Ltd (UK):
(a) We may charge statutory late-payment interest for commercial debts (currently 8% per annum above the Bank of England base rate, simple interest), unless a different interest rate is stated in the contract/quote.
(b) We may also charge the fixed statutory compensation per overdue invoice (£40 / £70 / £100 depending on invoice value).
(c) In addition, the Client shall pay our reasonable costs of recovering the debt, including internal administration time charged at £75 per hour commencing immediately from the first day the invoice is overdue, capped at £250 per overdue invoice, plus any third-party recovery or legal costs, to the extent permitted by law.

6.4 Where the Supplier is TCC Group (Pty) Ltd (South Africa):
We may charge interest on overdue sums at prime + 2% per annum (or as stated in the quote), compounded monthly in arrears, and we may charge a reasonable admin/collection fee of R2,000 per overdue invoice. The Client acknowledges that a court may reduce a penalty to the extent it is out of proportion to the prejudice suffered.

6.5 Supplier/freelancer charges caused by Client late payment or delay:
If the Client’s late payment or delay causes us to incur additional costs imposed by suppliers (including freelancers, studios, locations, equipment houses or other third parties engaged to deliver the Services) such as charges, interest, rush fees, cancellation fees or rescheduling fees, the Client will reimburse those costs provided they are reasonable and evidenced.

7) Change requests and revisions

7.1 The quote will state how many revision rounds are included. If not stated, the Fees include up to two (2) rounds of revisions on the delivered edit/draft.
7.2 Revisions beyond the included rounds, or changes that alter the agreed scope, deliverables, formats, usage/licensing, or timelines, are chargeable and may require a revised quote.
7.3 If you request urgent turnaround, we may apply an urgency surcharge (as quoted).

8) Approvals and deemed acceptance

8.1 You must review deliverables promptly.
8.2 Unless the quote says otherwise, deliverables are deemed accepted if no revision request is received within 15 business days of delivery.

9) Cancellation, postponement, and kill fees

9.1 If you cancel an ongoing engagement, you must give 1 month written notice unless the quote states a project-specific cancellation policy.
9.2 Deposits are non-refundable and may be applied against work completed and costs incurred.
9.3 If work/costs exceed the deposit, you must pay the balance for work completed, committed crew, third-party costs, and scheduled time already reserved.
9.4 If you materially delay a project (e.g., no approvals or required inputs) for an unreasonable period, we may give 7 days’ notice to close the project and invoice for work completed and costs incurred.

10) Intellectual property, licensing, and source files

10.1 Until full payment is received, all intellectual property and rights in deliverables remain with the Supplier.
10.2 Unless explicitly transferred in writing, all copyright in the deliverables remains with the Supplier. On full payment, the Client is granted a licence to use the deliverables in accordance with Schedule A (Media Usage Licence) and any usage scope stated in the quote/invoice.
10.3 Any third-party materials (music, fonts, stock footage/images, templates, locations, talent) are subject to the relevant third-party licence terms and may require additional fees for extended usage.
10.4 Source/project files (e.g., project files, masters, raw footage) are not included unless explicitly stated and paid for. We are not obliged to provide source files.

11) Storage, archiving, and retrieval fees

11.1 We will keep project files on active (“hot”) storage for 6 months from completion unless stated otherwise.
11.2 After that period, we may archive content to internal storage systems (e.g., NAS/archives).
11.3 If you request retrieval or re-sharing after archiving, we may charge a reasonable retrieval/admin fee (or as stated in the quote).
11.4 You should maintain your own backups of final deliverables. While we take reasonable care, long-term storage is not a guaranteed archival service unless explicitly contracted.

12) Portfolio use and credit

12.1 Unless the quote says “confidential/no portfolio”, we may use final public-facing work for our own promotion (showreel, website, social) after publication.
12.2 Where agreed in writing, you will credit The Creative Clan on public usage.

13) Confidentiality

Each party will keep the other party’s confidential information confidential and only use it to perform obligations under the agreement.

14) Warranties

14.1 Each party warrants that it has authority to enter into the agreement.
14.2 You warrant you have the rights to supply any materials you provide to us for use in the project.

15) Liability and indemnities

15.1 Nothing in these Terms limits liability for fraud or any liability that cannot legally be limited.
15.2 Subject to 15.1, the Supplier’s total liability arising out of or in connection with the Services is limited to the Fees paid to the Supplier for the relevant project, unless a different cap is stated in the quote.
15.3 The Supplier is not liable for indirect or consequential loss (including loss of profits), to the extent permitted by law.
15.4 You will indemnify the Supplier against claims arising from materials you supply or instructions you give that infringe third-party rights.

16) Force majeure

Neither party is liable for delay/failure caused by events beyond reasonable control. We will communicate and re-schedule reasonably.

17) Disputes

17.1 The parties will first attempt to resolve disputes in good faith.
17.2 If unresolved, either party may propose mediation by an independent mediator before court proceedings (unless urgent relief is required).

18) Governing law and jurisdiction

18.1 If the Supplier named on the quote/invoice is The Creative Clan Group Ltd, these Terms are governed by the laws of England and Wales, and courts of England and Wales have exclusive jurisdiction.
18.2 If the Supplier named on the quote/invoice is TCC Group (Pty) Ltd, these Terms are governed by the laws of the Republic of South Africa, and South African courts have jurisdiction.

19) Notices

Notices must be sent to the email/postal addresses stated on the quote/invoice (or to info@creativeclan.net unless updated in writing).

20) Changes to these Terms

20.1 We may update these Terms from time to time by posting an updated version on our website.
20.2 For each project, the version of the Terms in force on the date the Client accepts the quote/statement of work (or we start work, whichever is earlier) will apply, unless the parties agree changes in writing.
20.3 Any updates will apply to new quotes/projects accepted after the “Last updated” date shown at the top of these Terms.