Terms of Business
CURIOUS CRAB PRODUCTIONS – TERMS OF BUSINESS
Terms and Conditions for the supply of services by Curious Crab Productions Limited ("Curious Crab").
1. Introduction
These Terms and Conditions (“Terms”) govern the provision of services by Curious Crab Productions Limited. By engaging Curious Crab to provide services, the individual or organisation named in the corresponding Quote or agreement (the “Client”) agrees to be bound by these Terms. Together with any accompanying project proposal, quote or retainer agreement (collectively referred to as the “Quote”), these Terms form the entire agreement (the “Contract”). The Contract supersedes any other terms the Client may seek to impose or incorporate, whether implied by law, trade custom, practice or course of dealing.
2. About Us
Curious Crab Productions Limited is a private limited company registered in England and Wales with company number 16448838. The company’s registered office is located at Anumerate, Office 2.05 Clockwise, Old Town Hall, 30 Tweedy Road, Bromley, London, BR1 3FE, United Kingdom.
3. Formation of Contract
The Contract comes into existence at the earlier of: (a) the Client signing and returning the Quote; or (b) Curious Crab commencing the provision of any services requested by the Client. The 'Commencement Date' marks the point from which these Terms become binding on both parties.
4. Project Scope and Quote
The specific details of the services to be provided, including timelines, deliverables, fees, and usage rights, are outlined in the attached Quote. The Quote forms an integral part of this Contract and shall take precedence in defining the scope of the project. In the event of any conflict between the Terms herein and the attached Quote, the terms of the Quote shall prevail with respect to project-specific matters.
5. Fees & Payment
Fees are as outlined in the Quote. Unless otherwise agreed:
50% of the total project fee (the “Deposit”) will be invoiced upon the Client's signed acceptance of the Quote and is payable immediately.
A further 25% of the total project fee will be invoiced one month after the quote has been signed and is due within 14 days of the invoice date.
The remaining 25% (the “Balance”) will be invoiced upon completion of the services or delivery of the final output and is due within 14 days of the invoice date.
The Deposit is non-refundable. For projects under or equal to £10,000 (excluding VAT), payment in full may be required upfront. All fees are exclusive of VAT. Overdue payments will accrue interest at 8% above the Bank of England’s base rate.
6. Timelines
Milestones and deadlines will be agreed upon in advance and form part of the Contract. However, delivery timelines may be adjusted depending on the Client’s timely provision of assets, availability for reviews and approvals, and participation in required meetings. Curious Crab is not liable for delays caused by the Client.
7. Revisions & Alterations
Clients are entitled to a maximum of two (2) consolidated rounds of revisions per video deliverable. Revisions must be submitted in a single communication per round, via email or a designated feedback platform (e.g., Frame.io or Dropbox Replay). Additional or late revisions will incur further charges.
Alterations beyond the project scope, including technical or formatting changes will also be billed separately. Timeline changes due to revisions may delay final delivery and /or incur additional costs.
8. Retainers
For Clients engaging Curious Crab on a retainer basis, the terms, scope, and fees will be outlined in the Quote. Retainer fees are payable monthly in advance. To terminate a retainer, the Client must give at least two (2) months’ written notice. All standard provisions of this Contract, including payment, revisions, and alterations, apply to retained services.
9. Rescheduling / Cancellations
To cancel or reschedule a project, the Client must give a minimum of two (2) months’ written notice. If less notice is provided:
Between 1–2 months: 50% of the Balance is payable.
Less than 1 month: 100% of the Balance is payable.
In all cases, the Client is liable for any non-recoverable third-party or production costs already incurred (e.g., permits, equipment hire, staffing).
10. Client Responsibilities
The Client is responsible for ensuring that all project information, materials, and approvals are provided in a timely and complete manner. They must also ensure key personnel attend all creative or technical briefings and on set photo or filming shoots as requested by Curious Crab. Failure to do so may affect the quality or delivery of the final product. The Client is responsible for coordinating internal approvals and submitting assets in the required formats.
11. Ownership & Usage
Upon full payment, Curious Crab assigns the Client all rights and title to the final approved deliverables (excluding RAW files or working files). Curious Crab retains all rights to underlying intellectual property and non-final creative assets. Specific usage rights (e.g., broadcast, ATL campaigns) must be agreed in the Quote, and additional editing or licensing costs may apply. All client-supplied materials remain the Client’s property and are used exclusively for their project.
12. Storage
Project files are stored digitally for a minimum of 12 months from the date of contract signature. After this period, files may be deleted. Extended storage is available upon request and may incur an additional fee.
13. Publicity Rights
Curious Crab reserves the right to showcase completed deliverables in its portfolio, marketing materials, social media, and industry showcases for promotional purposes. This includes using the Client's name, logo, and brief project description, unless otherwise agreed in writing prior to commencement.
14. Usage Rights and Additional Licensing
All usage rights, including for digital and advertising purposes, will be subject to the scope agreed within the original Quote. Standard production fees typically include rights for use across digital platforms.
Should the Client wish to extend usage to Above The Line (ATL) campaigns, such as billboards, TV, or public transport advertising, this must be discussed and agreed prior to commencement. Additional usage rights for ATL may require further licensing, clearance, or production amendments. In such cases, Curious Crab will issue an additional quote for approval.
Costs may also apply for:
Editorial changes or reformatting for ATL requirements (e.g., portrait/landscape alterations).
Licensing music or stock footage for broadcast where standard digital licences are not sufficient.
TV ad clearance processes and any related legal or regulatory administration.
If re-editing, reshooting, or substantial animation work is required to adapt existing assets for new formats or media platforms, Curious Crab will provide a transparent breakdown of proposed costs and a quote for approval.
The release of RAW files or underlying creative assets is not included unless expressly agreed in writing. Curious Crab retains ownership of all such materials by default.
General Provisions
Limitation of Liability
Neither party limits liability for death, personal injury caused by negligence, or fraud. Beyond this, Curious Crab is not responsible for indirect or consequential loss, including lost profits or missed opportunities. Liability is capped at the total amount paid by the Client under the Contract. Curious Crab is also not liable for delays caused by client-side changes or failure to provide timely feedback or approvals.
Force Majeure
Neither party shall be liable for delays or failures resulting from circumstances beyond reasonable control, such as natural events, government restrictions, or technology failures. If services are disrupted for an extended period, either party may terminate the Contract. Fees already due or incurred will remain payable.
Termination
Either party may end the agreement early if the other breaches the Contract or becomes unable to meet its obligations. Upon termination, all outstanding payments become due immediately.
Non-Solicitation
The Client agrees not to employ or solicit Curious Crab staff involved in service delivery for a period following the end of the Contract without prior written consent.
Data Protection
Both parties will handle personal data in compliance with applicable UK data protection laws, including the Data Protection Act and UK GDPR.
Confidentiality
Each party agrees to keep confidential information shared during the project private, both during and after the engagement, except where disclosure is required by law.
Assignment and Staffing
Curious Crab may use freelance or substitute staff as needed, ensuring continuity and quality. The Client will be notified of any significant team changes. Neither party may assign the Contract without written consent.
Notices
Formal communications must be made in writing and sent to the addresses outlined in the Quote or agreed between the parties.
Severance
If any part of the Contract is found to be invalid, the rest remains effective. Unenforceable parts may be modified or removed as necessary.
No Partnership or Agency
The Contract does not create a partnership or agency relationship between the parties. Neither can act on behalf of the other.
Third Party Rights
No third party has rights to enforce any part of this Contract.
Variation
Any changes to the Contract must be agreed in writing by both parties.
Independent Contractor
Curious Crab provides services as an independent contractor and not as an employee or agent of the Client.
Diversity & Inclusion
Curious Crab is committed to maintaining a diverse and inclusive environment, free from discrimination. A full policy is available upon request.
Entire Agreement and Reliance
This Contract is the complete agreement between the parties. Neither party has relied on any representations outside of those written in this document.
Governing Law & Jurisdiction
This Contract is governed by the laws of England and Wales. Any disputes will be resolved exclusively in the courts of England and Wales.
Rights and Remedies
The rights and remedies in this Contract are not exclusive and may be exercised in addition to those available by law.