Terms and Conditions of Trade
Streamstay Limited trading as Cuecare
1. Definitions
In these Conditions the following expressions shall have the following meanings:
“The Company” means Streamstay Limited trading as Cuecare and its permitted assigns or sub-contractors.
“The Client” means the person, firm, or company with whom the Contract is made.
“Services” means the services provided by the Company, including but not limited to Video Production, Audio Production, Photography, and Website Development.
“Deliverables” means the final outputs of the Services (e.g., edited video, master audio, image galleries, or live websites).
“Contract” means the agreement between the Company and the Client for the supply of Services.
“Working Day” means every day excluding Saturday, Sunday, and UK statutory holidays.
2. General
2.1 These Conditions are incorporated into all Contracts and prevail over any other terms unless expressly varied in writing by a Director of the Company.
2.2 These conditions are governed by English Law, and the English Courts shall have exclusive jurisdiction.
2.3 The Company warrants the use of industry-standard virus checking but shall not be liable for damage caused by third-party software or viruses introduced via the Client.
3. Obligation to Provide Services
3.1 A project shall only commence when the Client has provided a signed agreement/Proposal and, where applicable, a valid purchase order.
3.2 The Company reserves the right to provide personnel of its choice and to provide Services at venues other than the Company’s Premises.
3.3 The Company may cancel or reschedule projects with liability limited to a 100% refund of fees paid in advance for that specific project.
4. Prices
4.1 All prices are exclusive of VAT, which will be charged at the prevailing rate.
4.2 Prices are subject to adjustment to reflect increases in wages, materials, or external costs occurring after the date of the Quote but before delivery.
5. Intellectual Property Rights & Retention of Title
5.1 The Client shall indemnify the Company against all claims arising from infringements of third-party IPR occasioned by following the Client’s specific requirements.
5.2 Ownership: All raw footage, audio recordings, photography masters, software code, and diagrams remain the property of the Company.
5.3 License & Transfer: The Company grants the Client a limited license to use the Deliverables as specified in the Proposal. Transfer of any copyright or extended usage rights is strictly conditional upon the Company receiving payment in full of all sums due.
5.4 Promotional Use: The Company reserves the right to use any Deliverables (Video, Audio, Photography, or Web screenshots) in its own portfolio and marketing materials.
6. Confidentiality
6.1 All information provided by the Company shall be treated as confidential and not disclosed to third parties without prior written consent.
7. Terms of Payment
7.1 Standard Payment Schedule: Unless otherwise agreed in writing, payment for Services shall be due in three stages. All invoices are strictly 14 days:
7.1.1 Commencement Deposit (50%): Due upon confirmation of the Proposal and strictly prior to the commencement of any Services.
7.1.2 Interim Payment (25%): Due upon delivery of the first edit, rough cut, wireframe, or initial photo gallery for review.
7.1.3 Final Balance (25%): Due prior to the delivery of final high-resolution assets, master files, or the “Go Live” launch of any website.
7.2 New Client Rule: For the first engagement with any new Client, the Company reserves the right to require an increased deposit or 100% payment upfront at its sole discretion.
7.3 Late Payment: Overdue payments shall attract interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 at a rate of 8% above the Bank of England base rate, plus statutory debt recovery costs.
7.4 No Set-Off: The Client shall not be entitled to exercise any set-off or lien. Time of payment is of the essence.
8. Limitation of Liability
8.1 The Company’s total liability for any loss or damage shall be limited to the total price payable for the Services under the Contract.
8.2 The Company shall not be liable for any consequential loss, loss of profits, or damage caused by inaccuracies in specifications supplied by the Client.
9. Cancellation & Postponement
9.1 If the Client cancels Services less than 15 Working Days before commencement, the following damages apply (levied via Supplementary Fee Invoice):
15–11 Days: 6% of total fee.
10–6 Days: 12% of total fee.
5–3 Days: 15% of total fee.
72 hours or less: 100% of total fee.
9.2 Changes to production dates will incur additional charges based on the scale in Clause 9.1.