Terms & Conditions
Terms of Purchase
Unless otherwise agreed the following constitutes the specification for each video package offered by Sketcha.
Website Video – A screencast style video comprising of recorded graphics of the website screen and static screenshots. Basic transitions and effects may be applied (e.g. cross dissolve and positional movement). Text titles and supplied graphics may also be used. This package does not include any animation or bespoke graphics. Additional charges apply for stock imagery or purchased items to be used in the video.
Mobile Video - A screencast style video comprising of recorded graphics of the mobile screen and static screenshots. Basic transitions and effects may be applied (e.g. cross dissolve and positional movement). Text titles and supplied graphics may also be used. This package does not include any animation or bespoke graphics. Additional charges apply for stock imagery or purchased items to be used in the video.
Animated - Without Characters – An animated video comprising of illustrations, recorded graphics of the website screen and static screenshots. Without Characters means that the video will not include characters such as people or animals. The package includes animation of the illustrations to show movement of the graphics. Text titles and supplied graphics may also be used. Additional charges apply for stock imagery or purchased items to be used in the video.
Animated - With Characters – An animated video comprising of illustrations, recorded graphics of the website screen and static screenshots. This video also includes the illustration and animation of characters. Transitions and effects may be applied. The package includes animation of the illustrations to show movement of the graphics. Text titles and supplied graphics may also be used. Additional charges apply for stock imagery or purchased items to be used in the video.
Infographic to Videographic service – To qualify for this service Sketcha must be provided with a full infographic in vector format. The package includes a script consisting only of the action on screen, animated versions of the supplied graphics, music and SFX. This package does not include a voiceover or a storyboard but can be added for an additional charge. Text titles and supplied graphics may also be used. Additional charges apply for stock imagery, purchased items or bespoke graphics to be used in the video.
All packages – All packages (except videographics) include the following:
Script writing - A script will be written conforming to your brief and any additional research Sketcha complete. Sketcha will make unlimited amendments until you are happy with the script. Once your sign off is provided on the script any further amendments may be chargeable.
Voice over – A voice over will be provided at up to 2 minutes in duration. Voice overs in excess of 2 minutes in length may incur an extra charge. The voice over will be of professional quality. The voice over will be the exact text read from the copy of the script signed off by the client. Any additional recordings may incur an extra charge.
Music – Royalty free music will be provided to conform with your brief and the video style. Music will initially be provided in a watermarked form. Once a client has signed off the video a final version will be provided with unwatermarked full quality music. The music may not be used for any purpose other than the video it is provided on. If music needs to be changed following sign off of the video an extra charge may apply.
Sketcha aims to work to fixed turnarounds where possible. Although this may not be possible due to the varying nature of job requirements Sketcha will make every effort to meet the deadlines below:
Initial script writing process – 3 working days (non inclusive of date of confirmed order/brief whichever is later).
Illustration & Storyboard production – 8 working days (non inclusive of date of script sign off).
Video production – 5 working days for website and mobile videos, 8 working days for animated videos (non inclusive of date of Illustration / Storyboard / Script sign off). This point may be longer for animated videos and will be agreed with the client.
Should there be a variation in these turnaround times Sketcha will notify the client in the Project Manager or the clients preferred method of communication.
Sketcha reserves the right to increase or decrease prices at any time and without warning. Existing customers will be eligible to receive Sketchas previous pricing for a period of 1 month following the price change. Partners will be eligible to receive Sketchas previous pricing for a period of 1 month following the price change. Sketcha reserve the right to offer discounts and special offers to select groups of customers and/or partners only.
All Sketcha videos come with the following licence:
Unlimited use, non-exclusive licence.
This means that you can use the video as you like through any number of mediums and with an unlimited number of views. You own the video in it's entirety. The content within the video is non-exclusive meaning we may re-use elements, characters, props or animations in other videos without restriction. If you would like an unlimited use, exclusive licence, please contact us.
5. Partner Resource Usage
With regard to the free resources that we provide to partners to help them sell videos to their clients.
* Re-brand the material to use as your own. Add your own logo and colours etc.
* Upload the videos to YouTube/Vimeo as long as they are set to unlisted and not available publicly.
* Allow people to watch the videos on your website.
* Allow people to listen to the voiceover samples on your website.
You Can Not:
* Upload the videos to YouTube/Vimeo and set the video to be available publicly.
* Otherwise make any of the material available publicly (anyone other than your clients or prospects).
* Re-use the material for anything other than to sell Sketcha videos.
The rules above mean you can re-brand and use the material as your own to help sell to your customers. You cannot use the material for displaying publicly. We impose this rule so that a partners customer is much less likely to see a the same video with another partners logo on it. This is to benefit the whole community. Anyone who breaks these rules will have their partner account shut down and any copyrighted material will be removed. By using this material you are agreeing to follow these terms.
The graphics and images supplied by Sketcha will always be royalty free. Sketcha does not take any responsibility for images, content or graphics provided or specifically requested by a client.
General Terms & Conditions
1.1 These Terms and Conditions shall apply to the purchase of the goods detailed in the order brief (“Goods”) by you (“Buyer”) from 4040 Media Limited a company registered in the UK under number 6982156 whose registered office is at 3 Holland Close, Southport PR8 6BF Trading as Sketcha (“Seller”) at the address Suite 1, Railex Business Estate, Crossens Way, Marine Drive, Southport, PR9 9LY England and to the payment for the goods. No other terms and conditions shall apply to the sale of the Goods unless agreed upon in writing between the Buyer and Seller. Email address owl (at) Sketcha.com.
2.1 A “business day” means any day other than a Saturday, Sunday or a UK public holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3.1 The description of the Goods are as set out on the Sketcha website on each products individual page and on the pricing page. In accepting the order the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out on the Sketcha website shall be binding on the Seller and are intended as a guide only.
3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
4.1 Subject to sub-Clause 3 and 4.2, the price (“Price”) of the Goods shall be that detailed in the project details page, accepted by the Buyer.
4.2 Any increase in the cost of the Goods to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected on the project page in accordance with the Sellers right to increase the Price prior to delivery.
4.3 The Price is inclusive of fees for digital delivery.
4.4 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5. Basis of Sale
5.1 The quotation constitutes written acceptance and confirmation by the Seller of the Buyer’s order for the Goods.
5.2 The quotation is a contractual offer to sell the Goods which the Buyer has accepted. The Seller and the Buyer have entered into a contract for the sale of the Goods.
6.1 The Buyer shall pay the Price stated on the project details page prior to the project start or otherwise in accordance with any credit terms agreed between the Seller and the Buyer.
6.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and / or that the property in the Goods has not passed to the Buyer.
6.3 If the Buyer fails to make payment within the period in sub-Clause 6.1, the Seller shall suspend any further deliveries to the Buyer and charge the Buyer interest at the rate of 20% per annum above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.
6.4 Time for payment is of the essence of the Contract between the Seller and the Buyer.
6.5 All payments must be made in Pounds Sterling unless otherwise agreed in writing between the Seller and the Buyer.
The Seller will deliver the Goods to the buyer within the timescale agreed on the project details page.
8. Inspection of Goods
8.1 The Buyer is under a duty to inspect the Goods on delivery.
8.2 If the Buyer identifies any errors or shortages it must inform the Seller in writing within 1 week of delivery, providing details of the alleged error or shortage. The Seller shall not be liable if the Buyer fails to provide such notice.
8.3 Subject to the Buyer’s compliance with this Clause 8 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all errors and shortages within a reasonable time, within the original project brief.
8.4 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from errors or shortages.
9.1 Goods may not be returned without the prior written agreement of the Seller.
9.2 The Seller agrees to provide the Buyer with a replacement should the goods be defective. The replacement will be a working copy of the same goods that were originally provided to the Buyer.
9.3 If a refund is provided to the Buyer then the Buyer agrees not to use the goods in any form.
10. Risk and Title
10.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer.
10.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.
10.3 Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.
10.4 The Seller reserves the right to repossess any Goods in which the Seller retains legal and beneficial title if full payment is not received in accordance with Clause 6. In the event of such repossession the Buyer should refrain from using the goods in any form. 10.5 The Buyer’s right to possession and use of the Goods in which the Seller retains legal and beneficial title shall terminate if: (a) the Buyer commits a material breach of its obligations under these Terms and Conditions;
(b) the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
(c) the Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
(d) the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.
11. Rights, Warranties and Liability
11.1 Subject to these Terms and Conditions and except where the Buyer is purchasing the Goods as a consumer, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
11.2 The Seller shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.
11.3 The exclusions of liability contained within this Clause 11 shall not exclude or limit the liability of the Seller:
(a) for death or personal injury caused by the Seller’s negligence;
(b) for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
(c) for fraud or fraudulent misrepresentation.
12.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
12.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; 12.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
14. No Waiver
No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
16. Law and Jurisdiction
16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
16.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.