Terms & Conditions

"Oppersdorff Colour", "we", "us" and "our" means Oppersdorff Colour and/or Peter Oppersdorff trading through the relevant business entity.

"Client", "you" and "your" means the company, agency, production company, post-production company, brand or other business engaging us.

"Services" means colour grading, colour finishing, creative consultancy, conform, technical services, deliverables and any other services agreed in writing.

"Booking" means time reserved for the Client. A "Hold" is provisional and non-binding unless expressly stated otherwise. A "Confirmed Booking" is a booking accepted by us as a contractual commitment.

"Booking Fee" means the agreed fee for the reserved professional time and/or Services, as set out in the relevant quotation, estimate or booking confirmation.

These Terms apply to all Services supplied by us unless we expressly agree alternative terms in writing.

A quotation, estimate or booking confirmation may contain project-specific commercial terms. Where there is an inconsistency, the expressly agreed project-specific terms will prevail only to the extent of that inconsistency.

Any purchase order or Client supplier terms do not amend or replace these Terms unless we expressly accept the relevant amendment in writing.

By confirming a Booking or instructing us to commence Services, the Client agrees to these Terms.

Fees and scope will normally be confirmed in writing before work begins.

Unless expressly stated otherwise, estimates are based on the information and scope available when the estimate is prepared.

Changes to the brief, edit, deliverables, schedule or technical requirements may result in additional charges.

Additional work will be charged at our prevailing agreed rates unless a different fee is agreed in writing.

A Hold is provisional and does not prevent us from accepting other work unless expressly agreed.

Where a date is held for a Client and another confirmed booking is requested for the same period, we may require the Client to confirm or release the Hold within a reasonable period.

Once a Booking is confirmed, the reserved time is committed to the Client and may not be available for other work. Cancellation and postponement charges therefore apply as set out below.

Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date.

The Client must pay invoices in full without deduction, set-off or counterclaim except where a deduction is required by law or has been expressly agreed in writing.

Any genuine invoice dispute should be raised promptly and with reasonable detail. The Client remains responsible for paying all undisputed amounts by the due date.

Payment is not conditional upon the Client receiving payment from its own customer, agency, production partner or any other third party.

Bank charges, transfer fees and other costs imposed by the Client's payment method are the Client's responsibility.

An invoice is overdue if it remains unpaid after the applicable due date.

We reserve all rights available to us under applicable late-payment legislation, including the Late Payment of Commercial Debts (Interest) Act 1998, as amended, and any replacement or successor legislation.

Where applicable, we may claim statutory interest, fixed compensation and reasonable recovery costs in accordance with the relevant legislation.

We may also exercise any contractual rights to interest or charges expressly agreed with the Client, provided those rights are legally enforceable and do not unlawfully displace statutory rights.

We may suspend Services, decline further Bookings or release future Holds where overdue sums remain unpaid.

A cancellation or postponement must be notified in writing as soon as reasonably practicable.

For a Confirmed Booking cancelled or postponed more than 48 hours before the scheduled start time, no cancellation fee will normally apply.

For a Confirmed Booking cancelled or postponed between 48 and 24 hours before the scheduled start time, 50% of the agreed Booking Fee will be payable.

For a Confirmed Booking cancelled or postponed less than 24 hours before the scheduled start time, 75% of the agreed Booking Fee will be payable.

For a same-day cancellation, failure to attend, failure to provide required access or materials, or other circumstances which effectively prevent the booked Services from taking place on the day, 100% of the agreed Booking Fee will be payable.

Where a postponement is agreed, we may, at our discretion, apply the cancellation charge to the original Booking and treat the replacement date as a new Booking.

We may waive or reduce a cancellation charge at our discretion, including where exceptional circumstances make this commercially appropriate. Any waiver on one occasion does not create a continuing entitlement.

These charges are intended to reflect the professional time reserved and the reasonable commercial loss associated with a late cancellation or postponement.

The agreed fee covers only the Services and deliverables expressly included in the agreed scope.

Additional versions, revisions, regrades, conforms, exports, deliverables, technical fixes, changes to the edit, changes in creative direction, additional review sessions and other work outside the agreed scope may be charged separately.

Once a grade or deliverable has been approved by the Client, subsequent changes requested by the Client will be treated as additional work unless the change is required solely to correct an error attributable to us.

Where practical, we will notify the Client of additional charges before undertaking material additional work.

The Client is responsible for providing complete, accurate and technically suitable materials, project files, references, specifications, access credentials and approvals in sufficient time.

If materials or approvals are delayed, incomplete or unsuitable, we may be unable to complete the Services within the originally scheduled time.

Client-caused delays do not automatically reduce the Booking Fee. Where additional time is required, that time may be charged at the agreed or prevailing rate.

Where a Client delay makes the original Booking impossible to complete, the cancellation/postponement provisions may apply.

The Client is responsible for reviewing work and providing consolidated feedback from the appropriate decision-makers.

Approval may be given expressly in writing or by the Client instructing us to proceed to final delivery.

Once final approval has been given, subsequent creative or technical changes are chargeable unless caused solely by an error attributable to us.

Delivery specifications should be agreed in advance. We are not responsible for errors arising from specifications or technical requirements supplied incorrectly by the Client.

The Client warrants that it has, or has obtained, all necessary rights, licences, permissions and consents relating to materials supplied to us.

This includes, where applicable, footage, music, images, fonts, logos, graphics, LUTs, reference materials and other third-party assets.

The Client will indemnify us against claims, losses, liabilities and reasonable costs arising from a third party alleging that Client-supplied materials infringe its rights, except to the extent caused by our own breach, negligence or wilful misconduct.

Unless otherwise agreed in writing, the Client retains ownership of its pre-existing materials.

We retain ownership of our pre-existing intellectual property, including workflows, techniques, processes, templates, presets, LUTs, tools, know-how and general creative or technical methodologies.

Nothing in these Terms transfers ownership of our pre-existing intellectual property to the Client.

Any specific ownership or licence arrangement for newly created deliverables will be set out in the relevant quotation or written agreement where necessary.

Unless otherwise specified in writing, Oppersdorff Colour will assume that, upon the public release of a project, permission has been granted to use completed work for its own portfolio, website, showreel, social media, awards submissions, presentations and other promotional purposes, unless otherwise agreed in writing.

We will not knowingly publish confidential or unreleased project material before the project has been publicly released.

The Client should notify us in writing before public release if it does not wish the completed work to be used for these purposes.

We will treat non-public Client information and materials as confidential and will not knowingly disclose them to third parties except where necessary to perform the Services, with the Client's permission, or where required by law.

The Client agrees to treat our non-public commercial information, pricing, workflows and confidential materials in the same manner.

The Client remains responsible for retaining its own master copies and backups of all Client media and project files.

We may maintain working copies or reasonable backups during the project but do not undertake to provide indefinite archival storage unless expressly agreed.

Unless otherwise agreed, we may delete project media and working files after 90 days following final delivery. The Client is responsible for requesting any required copies before that period expires.

Long-term archival storage, restoration or retrieval may be offered as an additional chargeable service.

We will use reasonable skill and care in performing the Services.

We are not responsible for delays or failures caused by third-party systems, Client-supplied files, internet or power failures, platform outages or other matters outside our reasonable control.

Where technically appropriate, we may identify issues in supplied material or deliverables, but the Client remains responsible for final technical approval and acceptance.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be restricted.

Subject to the above, our total aggregate liability arising out of or in connection with a particular engagement will, to the maximum extent permitted by law, be limited to the fees paid or payable to us for the Services giving rise to the claim.

Subject to applicable law, we will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or loss of opportunity.

The Client is responsible for maintaining appropriate insurance and backups for its own business, assets and materials.

We will not be liable for failure or delay in performing the Services where caused by circumstances beyond our reasonable control, including significant power or internet failures, hardware or software failures, infrastructure failures, strikes, natural events, government restrictions, supplier failures, illness or other events which make performance impracticable.

We will use reasonable efforts to notify the Client and, where possible, agree a revised schedule.

We may suspend Services where invoices are overdue, where continuing would expose us to unreasonable risk, or where the Client has materially breached these Terms.

Either party may terminate an engagement for a material breach which is not remedied within a reasonable period after written notice, where remedy is possible.

Termination does not affect rights and obligations accrued before termination, including payment obligations and applicable cancellation charges.

Unless expressly agreed otherwise in writing, the following order of precedence applies: (1) a specific written amendment signed or expressly accepted by both parties; (2) the relevant quotation or booking confirmation; (3) these Terms; and (4) any Client purchase order or supplier terms.

Client purchase orders are accepted for administrative purposes only and do not, by themselves, amend these Terms.

The parties will first attempt in good faith to resolve any genuine dispute through discussion between appropriate representatives.

Nothing prevents either party from seeking urgent court relief where necessary or from taking action to recover an undisputed overdue debt.

These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction, subject to any mandatory jurisdictional rights which cannot lawfully be excluded.

These Terms, together with the relevant quotation or booking confirmation and any expressly agreed written amendments, constitute the agreement between the parties in relation to the Services.

No amendment to these Terms is effective unless agreed in writing by an authorised representative of Oppersdorff Colour and the Client.

A failure or delay by either party to exercise a right does not constitute a waiver of that right.

If any provision is found to be invalid, illegal or unenforceable, it will be modified or severed only to the extent necessary, and the remaining provisions will continue in force.

These Terms may be updated from time to time. The version applicable to a particular engagement will be the version agreed or in force when the Booking is confirmed.