Terms of

Service

Last updated: 18.10.2024

Welcome to D.N.A. - The Agency ("We," "Us," "Our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and content production solutions. By engaging with our services, you agree to comply with these Terms. Please read them carefully.

1. Services

Overview

D.N.A. provides a range of creative services, including but not limited to:

  • 180° film production

  • Campaign planning and strategy

  • Creative direction and execution

  • Market research and audience analysis

  • Content production (commercials, branded content, social media videos, and more)

  • Post-production and distribution

Our services are governed by these Terms as well as any additional agreements or contracts signed between D.N.A. and its clients.

2.

Acceptance

of Terms

By using our website or services, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must discontinue using our services immediately.

3. Scope of Services and Contracts

3.1 Production Agreement

All projects are subject to a Production Agreement which outlines the scope, deliverables, timelines, payment terms, and any other specific terms relating to the particular project. Each agreement may include:

  • Detailed scope of services and work to be performed.

  • Payment milestones and schedules.

  • Intellectual property rights and ownership (see Section 6 below).

  • Project-specific terms related to liabilities, warranties, and deadlines.

3.2 Amendments

Any changes to the agreed scope of work, deliverables, or deadlines must be made in writing and agreed by both parties. Additional charges may apply for scope changes or revisions requested outside the agreed terms.

3.3 Force Majeure

D.N.A. will not be liable for delays or failure to fulfill contractual obligations caused by events beyond reasonable control, including but not limited to natural disasters, pandemics, governmental restrictions, or technical failures ("Force Majeure"). In such cases, timelines will be adjusted, and both parties will engage in good faith to mitigate any impact.

4. Payment Terms

4.1 Deposits

A deposit of 50% of the total project cost is required upon signing the production agreement, unless otherwise agreed in writing. Production will not begin until the deposit is received.

4.2 Invoicing

Invoices will be issued according to the milestones outlined in the Production Agreement. Payment is required within 30 days of the invoice date unless otherwise specified.

4.3 Late Payments

Late payments are subject to interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Any late payment may result in work stoppage or the withholding of deliverables until the payment is resolved.

5. Cancellation and Termination

5.1 Client Cancellation

If the client cancels the project after the Production Agreement is signed, the client will be responsible for:

  • 50% of the total project cost if cancellation occurs before production begins.

  • 100% of the total project cost if cancellation occurs after production has started.

5.2 Termination by D.N.A.

We reserve the right to terminate services if:

  • The client breaches these Terms or the Production Agreement.

  • The client fails to make timely payments as per the agreed terms.

Upon termination, the client will be liable for all costs incurred up to the point of termination.

6. Intellectual Property Rights

6.1 Ownership

All pre-existing intellectual property (scripts, concepts, footage, and materials) provided by the client remains the property of the client. All new intellectual property created by D.N.A. for the client as part of the project (e.g., produced footage, edited videos) will be transferred to the client upon full payment.

6.2 Licensing

Unless otherwise agreed, D.N.A. reserves the right to use final deliverables, including video content, for portfolio, marketing, and promotional purposes. Clients may NOT request the removal of their projects from D.N.A.’s portfolio.

6.3 Stock Footage and Third-Party Materials

D.N.A. may use third-party content such as stock footage, music, and licensed assets in the final deliverables. Where third-party assets are used, clients may be required to adhere to specific licensing terms applicable to these assets.

7. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information and materials exchanged during the project. Neither party will disclose confidential information to third parties without written consent, except as required by law.

8. Warranties and Disclaimers

8.1 Performance

We warrant that our services will be provided with reasonable skill and care in accordance with industry standards. However, D.N.A. does not warrant that the final deliverables will be entirely error-free or meet all client expectations without feedback and revisions.

8.2 Disclaimer of Liability

To the fullest extent permitted by law, D.N.A. is not liable for:

  • Indirect, incidental, or consequential damages arising from the use of our services.

  • Losses due to Force Majeure events.

D.N.A.'s total liability, whether in contract or tort, shall not exceed the amount paid by the client for the specific project in question.

9. Client Obligations

The client agrees to:

  • Provide all necessary materials, access, and approvals in a timely manner.

  • Respond to project updates and requests for feedback within agreed timelines.

  • Ensure that any content or materials provided to D.N.A. do not infringe on third-party intellectual property rights.

Failure to fulfill these obligations may result in delays or additional costs.

10. Data Protection and Privacy

We are committed to protecting your privacy in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). Please review our Privacy Policy for details on how we handle your personal data.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Changes to Terms

We may update these Terms from time to time. The latest version will always be posted on our website, and continued use of our services following any changes will constitute acceptance of those changes.

13. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: hi@dnagency.net

  • Phone: 07903193431