Legal and Privacy

Storymakers London Ltd. is registered in England and Wales at the following address:

 

Central Chambers, 227 London Road, Hadleigh, Essex SS7 2RF

Company number: 14605187

VAT number: GB 437 3054 06

 


Terms of use


The information on this website is for general purposes only. While Storymakers London Ltd. strives to keep content current and accurate, we make no guarantees of completeness or reliability. Use of this site and reliance on its information is at your own risk.

 

We are not liable for any loss or damage, including indirect, consequential, data, or profit losses arising from use of the website. Although we aim to maintain uninterrupted service, Storymakers London Ltd. accepts no responsibility for temporary unavailability due to technical issues beyond our control.

 


1. Definitions


Advertising Standards – the codes of conduct and rulings (as appropriate) of the Advertising Standards Authority, the British Code of Advertising Practice, the Ofcom broadcasting codes, the Institute of Practitioners in Advertising and the other codes or standards laid down voluntarily within the industry to ensure that all advertising placed is legal, decent, truthful and honest.


Brief – an outline description of the services which may form the basis of an Order.

Client (You, Your) – Whoever acts as principle in commissioning our Services.

Data Protection Regulations – The Data Protection Acts 1988 and 2018; General Data Protection Regulations EU2016/679 and/or any succeeding UK Data Protection legislation.


Due Date:-

i) Where credit terms have been agreed in writing – 25 days after the invoice date;

ii) Where credit terms have not been agreed in writing – the date of the Order.

Incoterms – The internationally recognised trade terms to identify responsibility for costs and risks.


Intellectual Property Rights – any trademark, service mark, trade and business name, patent, petty patent, copyright, database right, design right, registered design, right in confidential information, internet domain name, moral right and know-how, or any similar right in any part of the world whether or not the right is registered or application for registering made.


Marketing Material – Any tangible or intangible product resulting from the execution of the Marketing Services Including, but not limited to: advertisements, printed material, point of sale items, emailers, websites, applications, physical environments and content for broadcast or on-line media. Also images, designs and styles for inclusion in our Marketing Services or Client’s other work.


Marketing Service – One or more of the following types of service:

i) Creative Design and Production – covering the design and production of any Marketing Material;

ii) Digital Services – covering support for Your marketing activity and user experience in a digital environment including, but not limited to: hosting for websites and applications, internet marketing and any associated Creative Design and Production.


Parties – The Client and Supplier as parties to contracts under these terms and conditions.


Product – any portable, tangible item which the Supplier considers has a resale value independent of a specific client.


Supplier (Our, Us, We, Storymakers) – Storymakers London Ltd, registration number 14605187, registered office Central Chambers, 227 London Road, Hadleigh, Essex SS7 2RF.


Suspend – an instruction by You to temporarily suspend Our further work on an Order.


Written (Writing) – written communication in English in either hard copy or, with the exception of notice under clause 11, e-mail form provided this is specifically acknowledged by the receiving Party.



2. Duration and Scope of the Terms & Conditions


2.1 These terms apply to all orders accepted after the effective date and will remain in force unless varied in writing under clause 11.


2.2 Each accepted order constitutes a separate contract governed by these terms and conditions.



3. Terms of Payment


3.1 Payment must be made in cleared funds by the due date stated on the invoice.


3.2 Except for manifest error, no invoice shall be capable of being questioned or disputed 15 days after the invoice is received.


3.3 If any invoice remains unpaid for more than two months, we reserve the right to:

·       i) terminate any ongoing contracts with immediate effect, without prejudice to outstanding liabilities, by written notice;

·       ii) charge for any work in progress not yet invoiced and recover any resulting losses. No liability will arise for early termination.


3.4 Rights to use any marketing materials or products transfer only upon full payment of all related invoices.


3.5 Sums payable under the Agreement by the Client to Storymakers do not include Value Added Tax and similar taxes and duties which will be payable in addition as applicable.



4. Instructions and Approvals


4.1 You agree to provide a clear and complete brief, ensuring all information about your product or service is accurate and not misleading. You must promptly notify us if any proposed claim or description is, or may be, inaccurate or misleading.


4.2 Following receipt of your brief, we will submit for your approval, as applicable:

        i) Cost estimates for the required marketing services;

       ii) Charge rates where costs cannot be reliably estimated;

       iii) A stage payment schedule where completion is expected to exceed one month.


4.3 Unless otherwise specified in your brief, any instruction to proceed—written or verbal—will constitute a formal order based on the estimates provided.


4.4 If you require proof approval before incurring production costs, this must be stated in your brief and order. Approval of copy, designs, or layouts authorises us to proceed to proof stage; approval of proofs authorises us to complete production.


4.5 Your order confirms that all work reasonably undertaken up to any point is chargeable, even if the order is later cancelled or suspended, and regardless of whether final materials have been delivered.


4.6 If timing is critical, this must be clearly stated in your brief and order.


4.7 Where your order incorporates your own terms, these terms and conditions shall take precedence in the event of any conflict.


 

5. Cancellation, Suspension and Amendments to Orders


5.1 You may request in writing that we amend, cancel, or suspend any plans, schedules, or work in progress. We will take all reasonable steps to comply.


5.2 You will be liable for the reasonable value of work completed up to the point of change or cancellation, whether or not any final deliverables have been produced. You will also reimburse us for any costs incurred as a result, including third-party commitments.


5.3 If an order is suspended for more than one month, we reserve the right to invoice for the value of work completed or materials procured to date, regardless of whether final deliverables have been supplied.



6. Limitation of Liability


6.1 We are not liable for failure to fulfil a contract due to events beyond our control, including but not limited to war, terrorism, industrial action, natural disasters, or supplier failure. Such events will not constitute a breach of contract.


6.2 We accept no liability for indirect or consequential loss, including loss of profit or third-party claims.


6.3 While we will use all reasonable efforts to meet agreed timelines and specifications, clause 6.3 applies in the event of delay or deviation—even where time is stated to be of the essence.


6.4 We will take reasonable care of your property in our possession but are not liable for any loss or damage unless caused by our negligence or wilful misconduct.


6.5 We will handle personal data with due care. You are the data controller for any personal data you collect and must inform us if data we access includes personal data.



7. Indemnities


7.1 Your Indemnity to Us
You shall fully indemnify us against all claims, proceedings, liabilities, fines, and associated costs arising from:

       i) breaches of advertising standards;

       ii) breaches of planning or regulatory consents;

       iii) infringement of rights of way or property rights related to any work we undertake on your behalf and approved by you, whether orally or in writing;

       iv) failure to notify us of relevant factors (as referenced in Clause 6.8) or failure to act on our recommendations regarding site-specific specifications.


7.2 Mutual Indemnities
Each party agrees to indemnify the other for any losses, liabilities, or costs resulting from:

       i) infringement of intellectual property rights; and

       ii) breaches of Data Protection Regulations.



8. Intellectual Property Rights


8.1 All intellectual property rights in marketing materials we produce for you remain our property, including rights to pursue past infringements. Without written assignment, you may not use or incorporate our work into other materials or permit third parties to do so.


8.2 We retain the right to use any general know-how, expertise, or experience gained while providing services. All intellectual property in pre-existing tools, software, formats, or content used in your materials remains ours, and we may reuse it without restriction.


8.3 We retain all rights to product designs and may use them freely, including for other clients.


8.4 If any third-party content is included in your materials, we will make reasonable efforts to secure necessary usage rights and will only pass on rights permitted by the third party, at your expense.


8.5 Notwithstanding the above:

       i) We may use your marketing materials for our own promotional purposes, such as on our website or in award submissions.

       ii) We retain all rights in any work not included in your final deliverables, including pitch or presentation materials, whether successful or not.



9. Ownership, Insurance, and Custody


9.1 Subject to clause 8.1, all marketing material created by us and paid for by you becomes your property. This excludes stock photography and model usage rights, which remain subject to their original terms and usage limitations.


9.2 For UK deliveries, you are responsible for insuring your property while in our possession or in transit between us, media owners, printers, and other third-party suppliers.


9.3 For deliveries outside the UK, unless we explicitly agree to arrange transport, Incoterms EXW apply. You are responsible for all transport, insurance, duties, and taxes.


9.4 If we arrange international delivery, Incoterms CIF apply. You are responsible for local taxes and duties, and we accept no liability for delays resulting from non-payment.



10. Confidentiality and Data Protection


10.1 Confidential Information
       i) We will not disclose any confidential information arising from work commissioned by you, except as required by law or regulation. You acknowledge our right to use general market insights gained during our engagement.
       ii) We will treat all marketing and sales data provided by you in strict confidence, and you ag      ree to treat all reports and materials we supply as confidential.


10.2 Data Protection
       i) Terms such as Data ControllerData ProcessorPersonal DataData Subject, and Data Breach are as defined in the Data Protection Regulations.
       ii) Where personal data is supplied by you, your instructions on processing and retention will be deemed part of your order.
       iii) You confirm that any personal data provided has been collected lawfully, with appropriate consent where required.
       iv) You remain the Data Controller; we act as your Data Processor.
       v) As Data Processor, we will process personal data only as instructed, taking appropriate measures to ensure confidentiality, security, and compliance.
       vi) Both Parties will co-operate in relation to reporting of any Data Breach and to any access or amendment requests in accordance with the Data Protection Regulations.
       vii) Upon completion of processing, we will either return or securely destroy personal data as instructed.
       viii) If third-party involvement is required, we will seek your written approval and ensure equivalent data protection obligations are upheld.



11. Variation, Termination and Continuity


11.1 These Terms & Conditions may only be varied by written agreement signed by a director of both parties.

11.2 Contracts may be terminated in accordance with Clauses 3 and 5.

11.3 Either party may terminate a Contract with immediate effect by written notice if the other party:
       i) commits a material breach and fails to remedy it within 30 days of written notice;
       ii) becomes insolvent, bankrupt, or ceases trading;
       iii) makes arrangements with creditors or enters liquidation (other than for reconstruction);
       iv) has assets seized, or a receiver or administrator appointed;
       v) experiences any equivalent events listed above; or
       vi) undergoes a change of control (as defined in section 574, Capital Allowances Act 2001).

11.4 We may suspend or terminate all Contracts if you fail to make payment in accordance with Clause 3.

11.5 Where no new activity arises, these Terms & Conditions remain in force for any outstanding Orders.

11.6 Upon termination:
       i) All unpaid invoices become immediately due;
       ii) We may invoice for work completed but not yet billed;
       iii) We may also invoice for the value of all completed work and all third-party contractual costs will be payable;
       iv) Where a notice period applies, we may invoice the minimum sum due as if the full period had been observed;
       v) Personal Data held on your behalf will be returned or securely destroyed upon request;
       vi) Any rights or obligations intended to survive termination will remain in effect.



12. Assignment and Rights of Third Parties 


12.1 You shall not, without Our prior Written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Our rights or obligations under the Contract.


12.2 Contracts are made for the benefit of the Parties to it and (where applicable) their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.



13. Notices


Any notice under these Terms & Conditions must be in writing and addressed to the Finance Director at the recipient’s registered office (or other address as notified in writing). Notices may be delivered by hand, pre-paid first-class post, recorded delivery, or email.

       Delivery by hand is deemed received at the time of delivery.

       Delivery by post or recorded delivery is deemed received 48 hours after posting.

       Delivery by email is deemed received upon positive acknowledgment by the recipient.
If deemed receipt occurs outside business hours (9:00am–5:30pm, Monday to Friday), notice is effective at 9:00am on the next business day.

 


14. Legal Jurisdiction

 

14.1 We act in all our Contracts as a principal at law.


14.2 All Contracts between You and Us are to be governed by and construed in accordance with English law and any litigation for enforcement or redress shall be brought in the Courts of England.

 

 

Storymakers London Ltd.


Registered Number – (England) 14605187.

Registered Office – Central Chambers, 227 London Road, Hadleigh, Essex SS7 2RF