Energizing creativity, uncovering brilliance.
1. General
2. Services
3. NIOMODE studios
4. Deliverables
5. Delivery
6. Acceptance
7. Rejection
8. Intellectual Property and Content Rights
9. Liabilities
10. Dispute Resolution
11. Travel and Expenses
12. Cancellation
13. Termination
14. Force Majeure
15. Confidentiality
16. Notice
17. Third Party Rights
18. Governing Law and Jurisdiction
19. Disclaimer
20. Entire Agreement
Terms and Conditions
Last Updated August 11, 2025
1 . General
1.1 These Terms and Conditions govern the contractual relationship (the “Agreement”) between you (the “Client”) and Niomode Studios (the “Service Provider”) and apply to all services and materials requested from Niomode Studios, unless otherwise agreed in writing.
1.2 Please read these Terms carefully as they govern your use of Niomode Studios’ services, service packages, website, and applications (collectively, the “Niomode Studios Services”), including any content (photos, videos, audio, podcasts, designs, etc.) produced under this Agreement.
1.3 These Terms override any terms provided by the Client unless a written agreement states otherwise. By engaging with Niomode Studios, the Client agrees to be bound by these Terms and Conditions.
2.1 Niomode Studios is a creative agency providing a range of services, including but not limited to:
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Photography
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Videography
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Graphic Design
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Branding
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Creative Direction
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Social Media Management
2.2 Details of service scope, pricing, timelines, and deliverables will be set out in a separate agreement between Niomode Studios and the Client.
2.3 Niomode Studios will tailor its services to meet the Client’s objectives, in close collaboration with the Client.
2.4 All services will be provided in a timely and professional manner, aligned with industry standards.
2.5 Additional services not included in the initial agreement may incur extra costs and require a separate agreement.
2.6 Niomode Studios reserves the right to decline or discontinue services if a Client’s request is deemed unethical, illegal, or misaligned with Niomode Studios' values.
2.7 Niomode Studios may subcontract parts of the work to third parties but remains fully responsible for quality and delivery.
2. Services
3. Niomode Studio
3.1 Niomode Studios will exercise reasonable care and skill in producing deliverables, following the specifications agreed in the Project Brief and Statement of Work.
4. Deliverables
4.1 The Client is responsible for providing complete and accurate project information.
4.2 Project cost and timelines are based on the finalised brief. Any changes may affect fees and delivery dates.
4.3 Scope changes requiring extra work will result in additional charges, including third-party costs if applicable.
5.1 Delivery of goods is deemed to have occurred:i) Three working days after notifying the Client that goods are ready for collection, orii) On the day of physical delivery to the Client.
5.2 If the Client does not collect goods, Niomode Studios may arrange storage or delivery at the Client’s expense.
5.3 Delivery acceptance is governed by Clause 6.
5.4 Title and risk transfer to the Client only after full payment and formal acceptance of deliverables.
5. Delivery
6. Acceptance
6.1 Client must review and approve deliverables in a timely manner to avoid project delays or additional costs.
6.2 Delays caused by the Client are not Niomode Studios’ responsibility. Failure to respond will be treated as acceptance.
6.3 The Client must notify Niomode Studios promptly of any required amendments via approved communication channels.
6.4 Niomode Studios may charge for revisions that fall outside the agreed project scope.
6.5 If the Client fails to identify issues before release/publication, Niomode Studios accepts no liability for resulting errors.
7.1 If the Client rejects any deliverable, they must provide detailed written reasons.
7.2 Niomode Studios will be given a reasonable opportunity to address the issues raised.
7.3 Failure to provide timely or justified notice of rejection will be deemed as acceptance.
7. Rejection
8. Intellectual property & Content right
8.1 All background IP (tools, processes, pre-existing material) remains the sole property of Niomode Studios. The Client is granted a non-exclusive license for use solely related to the project.
8.2 All foreground IP (created under this agreement) will become the Client’s property upon full payment. NiomodeStudios retains a non-exclusive right to use it for promotional purposes.
8.3 Third-party software or content may be subject to separate licensing, which the Client is responsible for covering.
8.4 To limit or revoke granted rights, written notice must be given within 60 days, and both parties must reach a mutual agreement.
9. Liability
9.1 – Unlimited Liability
Niomode Studios does not limit its liability for:
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Death or personal injury from negligence
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Fraud or fraudulent misrepresentation
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Breach of confidentiality or IP obligations
9.2 – Limited Liability
Niomode Studios’ total liability is capped at the amount paid by the Client at the time of the claim.
9.3 Niomode Studios is not liable for delays caused by third parties, Client-side issues, or equipment failures.
9.4 – Financial Limitations
Niomode Studios is not liable for:
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Indirect or consequential losses
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Loss of profits, turnover, business, or goodwill
10.1 Disputes should first be resolved through good-faith negotiations or mutually agreed alternative dispute resolution.
10. Dispute Resolution
11. Travel & Expenses
11. Travel and Expenses
11.1 Niomode Studios will attempt to estimate costs, but exact figures may vary.
11.2 All expenses will be invoiced at cost and must be paid within 5 business days.
11.3 Niomode Studios may request advance payment for significant expenses.
11.4 General travel and accommodation expenses related to the project will be invoiced at cost.
20.1 This Agreement represents the entire understanding between Niomode Studios and the Client. It supersedes all prior communications unless stated otherwise. It does not exclude liability for fraudulent misrepresentation.
12. Cancellation
12.1 Cancellation requires 30 days’ written notice. A cancellation fee and/or price reduction may apply as determined by Niomode Studios. Without an agreed cancellation fee, the Client cannot terminate the agreement unilaterally.
12.2 Upon cancellation, both parties must settle outstanding obligations, including payments. Work will only be released once dues are cleared.
13.1 Either party may terminate this agreement if:
a) The Client fails to pay within 10 business days of the due date.
b) The other party fails to correct a breach within 30 days of written notice.
13.2 Termination under clause (a) does not relieve the Client of payment obligations.
Niomode Studios is not liable for delays caused by force majeure events, including:
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Natural disasters
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War, terrorism, strikes
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Pandemics, government actions
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Internet or telecom disruptions
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Hardware/software failures
13. Termination
14. Force Majeure
NIOMODE Studio shall not be in breach of the agreement, nor liable for late or non-performance of any of its obligations under the agreement, if such delay or failure result from a “Force Majeure Event”.
For the purposes of this Contract a Force Majeure Event is defined as one of the following:
14.2 Niomode Studios will work in good faith to find solutions and may adjust the timeline accordingly.
19.1 Niomode Studios provides no warranties regarding the accuracy or completeness of its website content or services.19.2 Niomode Studios is not liable for losses or damages arising from website use.
15. Confidentiality
15.1 Both parties agree not to disclose confidential information, unless publicly available or independently obtained.
15.2 Personal data will be treated as confidential and handled in accordance with data protection laws.
16. Notice
16.1 All notices must be in writing and delivered by hand, post, or email.
17.1 No third party may enforce any part of this Agreement under the Contracts (Rights of Third Parties) Act 1999 unless explicitly stated.
17. Third Party Rights
18.1 This Agreement is governed by English law. Any disputes shall fall under the non-exclusive jurisdiction of the courts of England and Wales.
18. Governing Law and Jurisdiction
19. Disclaimer
19.1 Niomode Studios provides no warranties regarding the accuracy or completeness of its website content or services.
19.2 Niomode Studios is not liable for losses or damages arising from website use.
20. Entire Agreement
20. Entire Agreement
20.1 This Agreement represents the entire understanding between Niomode Studios and the Client. It supersedes all prior communications unless stated otherwise. It does not exclude liability for fraudulent misrepresentation.
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