REGIONAL TS & CS
To ensure you receive the most relevant information, policies and legal notices, please review the region that applies to you.
Our South African and United Kingdom websites operate under different legal frameworks, regulatory requirements and service provisions. Choosing your region ensures the content you access is accurate and applicable to your location.
RSA: Applies to individuals and organisations within South Africa.
UK: Applies to individuals and organisations within the United Kingdom.
UK WEBSITE TS & CS
These terms apply to use of www.furyadvertising.com. They are separate from Fury's Client Terms and Conditions, which govern paid services.
1. About this website
This website is operated by FURY ADVERTISING LTD, registered in England and Wales under company number 17141670, registered office 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
2. Use of the website
You may use the website for lawful business and informational purposes only.
You must not misuse the website, attempt unauthorised access, introduce malware, scrape content at scale, interfere with site operation, or use the website in a way that breaches law or third-party rights.
3. Intellectual property
All website content, branding, copy, graphics, case studies, designs, images, layouts and other materials are owned by or licensed to Fury Advertising Ltd unless stated otherwise.
You may view and download content for personal business reference only. You must not reproduce, copy, exploit or republish website content without written permission.
4. Portfolio, case studies and third-party brands
References to client names, partner names, third-party brands, platforms or technologies are for identification and descriptive purposes only. They do not imply endorsement unless expressly stated.
5. No reliance
Website content is provided for general information only. It is not legal, financial, technical or professional advice and should not be relied on as the sole basis for business decisions.
6. Links and third-party websites
The website may link to third-party websites. Fury is not responsible for the content, security or privacy practices of third-party websites.
7. Liability
We aim to keep the website accurate and available, but we do not guarantee that it will be uninterrupted, error-free or free from harmful code. To the fullest extent permitted by law, Fury excludes liability for loss or damage arising from use of or reliance on the website.
8. Privacy and cookies
Use of personal data and cookies is described in the Fury Privacy Policy and Cookie Policy.
9. Governing law
These Website Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
These terms outline the rights and responsibilities of clients engaging Fury Advertising Ltd for creative, marketing, advertising and related services. Please review these terms before instructing us. By placing an Order, signing a Statement of Work, or otherwise engaging Fury Advertising Ltd, the Customer agrees to be bound by these Conditions.
UK COMPANY TS & CS
1. Interpretation
1.1 The following definitions and rules of interpretation apply to these terms and conditions.
1.2 Headings of clauses and paragraphs do not influence the interpretation of these Conditions.
1.3 Phrases such as "including," "includes," "in particular," "for example," or any similar expressions are intended for illustration only and do not restrict the scope of the preceding terms. Words stated in singular form should be considered as including the plural, and those in plural form should include the singular, unless the context dictates otherwise.
1.4 The terms "writing" or "written" encompass emails.
1.5 The definition of "person/s" extends to any individual, corporation, or other entity, regardless of whether it has its own legal identity. It also includes their legal representatives, successors, and any permitted assignees.
1.6 Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
Definitions
Anti-bribery and Corruption
All applicable UK and international laws regarding bribery, corruption, and other related crimes, including but not limited to the UK Bribery Act 2010, the US Foreign Corrupt Practices Act, and equivalent legislation in other jurisdictions.
Affiliate: Any entity that controls, is controlled by, or is under common control with another entity, including the parent company VT Holdings.
Business Day: Monday to Friday excluding public holidays in England.
Business Hours: The hours of 09:00 to 17:30 on a Business Day.
Charges / Fees
The sums payable by the Customer to Fury Advertising Ltd for the Services provided under a Statement of Work, Master Services Agreement or Retainer Agreement.
Confidential Information: All information, technical data, creative work in development, brand strategy, audience data, campaign data, commercial information or know-how, whether written, oral or by any other means, relating to or provided by either Party. Confidential Information does not include information which (i) is in the possession of the receiving Party at the time of disclosure; (ii) becomes part of the public knowledge other than through breach by the receiving Party; (iii) is approved in writing for release by the disclosing Party; or (iv) was independently developed by the receiving Party.
Contract: A Master Services Agreement, Statement of Work, Retainer Agreement, or any other written agreement between Fury Advertising Ltd and the Customer for the provision of Services.
Customer / you / your: The person, company or other body engaging Fury Advertising Ltd for the provision of Services pursuant to a Contract.
Customer Data: Data provided to Fury Advertising Ltd by the Customer for the purposes of delivering the Services, including Confidential Information, Personal Data, brand assets, brief content, audience data and any other materials provided by the Customer.
Data Controller / Data Processor / Personal Data / Processing: As defined in the Data Protection Laws.
Data Processing Agreement: Fury Advertising Ltd's standard Data Processing Agreement, mandated where Fury acts as Data Processor under Article 28(3) of the UK GDPR.
Data Protection Laws: All relevant data protection and privacy laws in effect in the UK, including the UK GDPR, the Data Protection Act 2018 and its regulations.
Deliverables: Services, creative output, campaigns, content, strategies, designs, copy, code, and any other agreed outputs delivered by Fury Advertising Ltd to the Customer.
Due Date: 30 calendar days after the date of the relevant invoice unless otherwise specified in a Statement of Work or Retainer Agreement.
Force Majeure Event: Any circumstance not within a Party's reasonable control.
Fury, Fury Advertising, we, us, our: Fury Advertising Ltd, a company registered in England and Wales with registered number 17141670 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
Fury SA: Fury Advertising (PTY) Ltd, our delivery partner based in South Africa.
Good Industry Practice: The level of skill and care reasonably expected from a provider typically offering creative, marketing and advertising services similar to the Services.
Intellectual Property Rights: Patents, invention rights, copyrights, moral rights, trademarks, business and domain names, rights in get-up, goodwill, the right to sue for passing off, design rights, database rights, rights to maintain confidentiality of know-how and trade secrets, and all other forms of intellectual property rights, whether registered or unregistered.
Master Services Agreement (MSA): The umbrella contract between Fury Advertising Ltd and the Customer setting out the overall framework for ongoing Services.
Order: The Customer's request for Services, made via signed Statement of Work, Retainer Agreement, or other written communication accepted by Fury Advertising Ltd.
Party: Fury Advertising Ltd or the Customer, collectively the Parties.
Quotation: Fury Advertising Ltd's written quotation specifying details of proposed Services and Fees.
Renewal Term: Unless stated otherwise, a period of 12 months following the end of the Initial Term or the most recent Renewal Term.
Retainer Agreement: An agreement under which the Customer engages Fury Advertising Ltd for ongoing Services on a monthly recurring basis.
Services: The creative, marketing, advertising, brand, digital, content, strategy, AI marketing, paid media, production and other services provided by Fury Advertising Ltd to the Customer under a Contract.
Statement of Work (SOW): The document issued by Fury Advertising Ltd in response to a Customer's request for project-based Services, setting out scope, deliverables, timeline and Fees.
Sub-Contractor: A third-party entity engaged by Fury Advertising Ltd to assist in the delivery of Services, including (without limitation) Fury Advertising (PTY) Ltd in South Africa.
VAT: Value-added tax or any other applicable sales tax payable in the UK or other regions.
2. Application of Conditions and Order Process
2.1 Unless otherwise agreed in writing by the Parties, these General Terms govern all transactions between Fury Advertising Ltd and the Customer. These Conditions supersede any other terms and conditions the Customer might attempt to introduce, whether through a purchase order or any other means, as well as those implied by law, customary trade practices, or previous interactions.
2.2 Each Quotation remains valid for 30 days from the date of issuance, unless otherwise stated.
2.3 Fury Advertising Ltd provides samples, mood boards, concept directions, descriptions and other materials for illustrative purposes only; they do not constitute a binding part of the Contract except as approximate representations. Fury Advertising Ltd reserves the right to correct any typographical, clerical, or other errors or omissions without incurring liability.
2.4 An Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions. The Order shall only be deemed to be accepted when Fury Advertising Ltd issues written acceptance of the Order or takes other steps to fulfil the Order, at which point the Contract shall be formed.
2.5 If there is any conflict between the General Terms of these Conditions, a Master Services Agreement, a Statement of Work, or a Retainer Agreement, the documents shall prevail in the following order of priority (highest first):
Master Services Agreement
Statement of Work or Retainer Agreement
These General Terms and Conditions
3. Fees and Payment
3.1 The Fees due from the Customer are as specified in the relevant Contract. All quoted Fees are exclusive of any applicable VAT or other taxes, which will be added to invoices as applicable.
3.2 Fury Advertising Ltd reserves the right to revise Fees prior to finalising a Contract should there be any increase in the cost of delivery, including but not limited to foreign exchange fluctuations affecting our SA delivery partner, increases in third-party platform costs, or rising costs in labour, materials or media.
3.3 Fury Advertising Ltd may obtain elements of the Services from international suppliers (including Fury SA in Johannesburg) and may transact in currencies other than GBP. The Fees presented to the Customer are charged in GBP and determined on the UK business day when the Contract is established.
3.4 Unless otherwise agreed in writing, invoices will be raised by Fury Advertising Ltd:
For project-based Services: at agreed milestones (typically 50% on signature of SOW, 50% on delivery, or other schedule as agreed).
For Retainer Services: monthly in advance.
For pass-through costs (media spend, talent fees, third-party licences): in line with the schedule agreed in the SOW.
3.5 The Customer shall pay each invoice in full (subject to any genuine dispute) by the Due Date.
3.6 Where any deductions or withholdings are required from the Fees for taxes, excises, customs, or similar charges, the Customer agrees to pay Fury Advertising Ltd additional amounts so that the net amount received by Fury Advertising Ltd is equivalent to what would have been received had no deductions been made.
3.7 Where the Fees are not invoiced at the same time (for example, on a multi-month retainer), the Customer acknowledges that, in entering the Contract, it is committing to continue payments over the entire period agreed.
3.8 If the Customer is in default on any payment, Fury Advertising Ltd may withhold or suspend the supply of any Services or Deliverables until the default is remedied.
3.9 Fury Advertising Ltd may charge interest on any Fees not paid by the Due Date at a rate of 4% per annum above the Bank of England base rate, accruing daily from the Due Date until full payment.
3.10 If the Customer disputes any portion of an invoice in good faith, the Customer must submit a written claim for the disputed amount no later than 7 calendar days after delivery of the invoice and shall remain liable for payment of all undisputed amounts.
3.11 The Customer waives the right to dispute any Fees not disputed within 30 calendar days of receipt of the relevant invoice (other than Fees invoiced in advance).
3.12 All amounts due under a Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
3.13 On expiry or termination of a Contract for any reason, any Fees incurred but unpaid shall become immediately due and payable as a debt due from the Customer to Fury Advertising Ltd.
4. Provision of Services
4.1 Fury Advertising Ltd will provide the Services with reasonable skill and care and in accordance with Good Industry Practice.
4.2 Any timelines, delivery dates or estimates provided by Fury Advertising Ltd are estimates only. Whilst we will use reasonable efforts to meet them, time is not of the essence unless expressly agreed in writing.
4.3 Project Scope and Briefs. The Customer is responsible for providing a clear, complete and accurate brief at the start of any project. Fury Advertising Ltd will work to the brief signed off in the SOW. Material changes to the brief constitute a change of scope and may result in adjustments to Fees and timelines.
4.4 Revision Rounds. Unless otherwise agreed in the SOW, each project includes two (2) rounds of revisions. Additional revisions are chargeable at Fury Advertising Ltd's then-current day rates.
4.5 Approval and Acceptance.
Deliverables are presented to the Customer at agreed milestones.
The Customer shall provide written approval or written feedback within 5 Business Days of presentation.
If no written feedback is received within 5 Business Days, the Deliverable is deemed accepted.
Once a Deliverable has been approved (or deemed approved), further changes are treated as a change of scope.
4.6 Third-Party Costs. Costs payable to third parties (such as media spend, talent fees, photographers, music licensing, stock imagery, software licences, awards entry fees and similar) are passed through to the Customer at cost plus a handling fee of 15% (or as otherwise agreed in the SOW). Such costs may require Customer pre-approval and pre-payment.
4.7 Talent and Models. Where Fury Advertising Ltd engages talent, models, photographers or videographers on behalf of the Customer, Fury Advertising Ltd will obtain appropriate releases and rights for the agreed usage. Any extension of usage rights beyond what was originally agreed is subject to additional fees payable to the talent.
4.8 Fury Advertising Ltd may engage Sub-Contractors (including Fury Advertising (PTY) Ltd in South Africa) to assist in the delivery of Services. Fury Advertising Ltd remains responsible for the performance of its Sub-Contractors.
4.9 Out-of-Hours Work. Services are delivered during Business Hours unless otherwise agreed. Work outside Business Hours may be subject to additional fees agreed in advance.
5. Customer Obligations
5.1 The Customer shall, at its own expense:
Provide a clear and complete brief at the outset of any project.
Appoint a Customer Representative who has authority to provide instructions, sign off on Deliverables, and approve scope changes.
Promptly furnish Fury Advertising Ltd with all reasonable cooperation, accurate information, brand assets, content, login access and approvals required for Fury to deliver the Services.
Provide timely written feedback within agreed approval windows.
Pay all Fees and approved third-party costs in accordance with these Conditions.
Comply with all applicable laws and regulations with respect to its activities under the Contract.
Obtain and maintain all necessary licences, permissions and consents required for the Customer's marketing campaigns and content (including consents for any data shared with Fury Advertising Ltd for campaign delivery).
Where personal data is shared with Fury Advertising Ltd for the purposes of campaign delivery, ensure that the Customer has a lawful basis for such sharing under the Data Protection Laws.
5.2 If Fury Advertising Ltd's performance of any obligations is prevented or delayed by an act or omission of the Customer or any third party (a Customer Default):
Fury Advertising Ltd may suspend performance until the Customer remedies the Customer Default;
Fury Advertising Ltd shall not be liable for any costs or losses arising from delayed performance caused by Customer Default;
The Customer shall reimburse Fury Advertising Ltd on written demand for any costs sustained by Fury Advertising Ltd arising directly or indirectly from the Customer Default.
6. Warranties
6.1 The Customer warrants that:
It has authority to enter into the Contract and bind the Customer.
Any information, materials, brand assets and content supplied to Fury Advertising Ltd are accurate and complete and Fury Advertising Ltd's use of such will not infringe the rights of any third party.
It has all necessary licences, permits, rights, consents and approvals to authorise Fury Advertising Ltd to deliver the Services.
It is engaging Fury Advertising Ltd as a business and not as a private consumer.
6.2 Fury Advertising Ltd warrants that:
It has the full capacity and authority to enter into and perform each Contract.
All personnel and Sub-Contractors involved in fulfilling a Contract are sufficiently skilled and experienced for the tasks assigned.
Services will be delivered in a professional and diligent manner, with reasonable skill and care, and in accordance with Good Industry Practice.
Deliverables will materially conform to the agreed scope set out in the relevant SOW or Retainer Agreement.
6.3 Fury Advertising Ltd does not guarantee specific business outcomes (such as sales increases, audience growth or campaign performance) unless explicitly agreed in writing.
7. Intellectual Property Rights
7.1 Pre-existing Intellectual Property. Each Party retains ownership of Intellectual Property Rights existing prior to the commencement of a Contract.
7.2 Fury IP. Fury Advertising Ltd retains ownership of:
Agency methodologies, processes, frameworks and proprietary tools (including AI tools and templates).
Internal templates, working files and documentation.
Concepts, ideas and creative directions developed during the project but NOT selected or used by the Customer in the final Deliverables.
7.3 Customer Deliverables IP. Upon full payment of all Fees due under the relevant Contract, the Customer shall own the Intellectual Property Rights in the final approved Deliverables produced specifically for the Customer, subject to the following carve-outs:
Third-party assets used in Deliverables (including but not limited to stock photography, fonts, music, AI-generated content, software components and licensed templates) are licensed under the relevant third-party terms and are not transferred outright.
Underlying agency methodologies, frameworks, proprietary tools and reusable components remain Fury Advertising Ltd's Intellectual Property, but the Customer is granted a perpetual, worldwide, non-exclusive licence to use them as embedded in the Deliverables.
Fury Advertising Ltd retains a perpetual, worldwide, non-exclusive, royalty-free licence to use the Deliverables for the purposes set out in clause 7.5 below.
7.4 Third-Party Licences. The Customer is responsible for ongoing licensing of any third-party assets used in Deliverables (for example, custom fonts, stock images, music tracks) after handover. Fury Advertising Ltd will identify any such assets and the relevant licence terms in the project handover.
7.5 Use of Work for Self-Promotion. Fury Advertising Ltd may include client work in its portfolio, case studies, awards submissions and marketing materials (in any media, including online, in pitch decks, at industry events and in published case studies) provided that no Confidential Information of the Customer is disclosed without consent. The Customer may request Fury Advertising Ltd to anonymise the case study or to delay publication for up to twelve (12) months from project completion.
7.6 Awards and Industry Recognition. Fury Advertising Ltd reserves the right to submit work created for the Customer to industry awards (including but not limited to Cannes Lions, D&AD, The Drum, Marketing Week awards). The Customer agrees to reasonable cooperation with award submissions, including the provision of metrics and case study information where requested. Award submission fees are borne by Fury Advertising Ltd unless agreed otherwise.
7.7 No Transfer Until Payment. Until the Customer has paid all sums due under a Contract, all Intellectual Property Rights in Deliverables remain with Fury Advertising Ltd and the Customer has no licence to use them.
7.8 Customer Indemnity. Subject to clause 7.10, the Customer shall indemnify Fury Advertising Ltd against any losses resulting from a third party's claim that Fury Advertising Ltd's use of the Customer's Intellectual Property Rights, brand assets or content (as supplied by the Customer) infringes a third party's rights.
7.9 Fury Indemnity. Subject to clause 7.10, Fury Advertising Ltd shall indemnify the Customer against any losses resulting from a third party's claim that the Customer's use of original Deliverables created by Fury Advertising Ltd (excluding any third-party assets, Customer-supplied materials, and changes made by the Customer or third parties) infringes a third party's Intellectual Property Rights.
7.10 Handling of IP Infringement Claims. If a Party faces an allegation of Intellectual Property Rights infringement, the indemnified Party must:
Promptly provide written notice of the claim to the other Party.
Not make any admissions or settlements without the prior written consent of the other Party.
Upon request and at the expense of the other Party, allow them to take control of negotiations and litigation.
8. Limitation of Liability
8.1 Unless expressly stated in the Contract, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.2 The Customer assumes full responsibility for the results derived from the use of the Deliverables and any conclusions reached. Fury Advertising Ltd shall not be liable for any damage arising from inaccuracies or omissions in information, instructions, briefs or scripts provided by the Customer in connection with the Services.
8.3 Unlimited Liability. Nothing in these Conditions shall exclude or limit either Party's liability for:
Death or personal injury resulting from negligence.
Fraud or fraudulent misrepresentation.
Payment of any undisputed amounts due under the Contract.
Breach of clause 7.8 or 7.9 (Intellectual Property Indemnities).
Breach of clause 9 (Confidentiality).
8.4 Exclusion of Indirect and Consequential Losses. Neither Party shall be liable for any indirect, special, or consequential losses, including but not limited to lost profits, loss of business, loss of revenue, loss of goodwill, or anticipated savings, even if such losses were foreseeable or previously discussed.
8.5 Liability Cap. Unless explicitly stated as unlimited or subject to a different cap, the total liability of either Party for any claims arising under or in connection with a Contract shall not exceed 125% of the Fees paid or payable by the Customer in the preceding 12 months under the applicable Contract.
8.6 Customer's Independent Assessment. Unless Fury Advertising Ltd expressly agrees in writing to provide specific recommendations regarding the suitability of Services for a particular purpose, the Customer acknowledges that it is solely responsible for assessing their suitability and fitness for use.
8.7 Both Parties acknowledge that the limitations on liability set out in these Conditions are reasonable, considering their respective commercial positions and their ability to obtain appropriate insurance coverage.
9. Confidentiality
9.1 Each Party agrees in respect of all Confidential Information:
To keep the Confidential Information in strict confidence and secrecy.
Not to use the Confidential Information save for complying with its obligations under these Conditions.
Not to disclose the Confidential Information to a third party (except to the extent compelled by law).
To restrict the disclosure of the Confidential Information to such employees, agents, sub-contractors and others who, of necessity, need it in the performance of their duties under a Contract, and to ensure that those persons are aware of the confidential nature of the Confidential Information.
9.2 Confidential Information does not include information which: (i) is in the possession of the receiving Party at the time of disclosure; (ii) becomes part of the public knowledge other than through breach by the receiving Party; (iii) is approved in writing for release by the disclosing Party; or (iv) was independently developed by the receiving Party without the use of the Confidential Information.
9.3 The obligations of confidentiality survive termination of the Contract for a period of five (5) years.
10. Data Protection
10.1 Each Party warrants that it will comply with all applicable Data Protection Laws when fulfilling its obligations under the Contract.
10.2 If the Customer intends to provide Personal Data to Fury Advertising Ltd in the course of the Services (for example, customer lists, audience data, or contact data for campaign delivery), the Customer must notify Fury Advertising Ltd at the time of requesting a Quotation or before a Contract is finalised.
10.3 Where Fury Advertising Ltd processes Personal Data on behalf of the Customer, Fury Advertising Ltd acts as Data Processor and the Parties shall enter into a Data Processing Agreement.
10.4 International Transfers. The Customer acknowledges that Fury Advertising Ltd uses Fury Advertising (PTY) Ltd in South Africa as a delivery partner. Personal Data may be transferred to South Africa subject to appropriate safeguards including the UK International Data Transfer Agreement (IDTA). Details of these safeguards are available on request.
10.5 Where Fury Advertising Ltd is the Data Controller (for example, in respect of Customer contact details for the purposes of contract administration), it will comply with all legal obligations applicable to Data Controllers under the Data Protection Laws.
11. Anti-Bribery and Corruption
11.1 Each Party agrees to:
Implement and maintain throughout the term of these Conditions reasonable policies and procedures designed to prevent the facilitation of bribery and corruption offences by its employees, contractors, sub-contractors and any individuals or entities associated with it.
Comply with all applicable anti-bribery and corruption laws.
12. Insurance Coverage
12.1 Each Party shall at all times maintain appropriate policies of insurance with a reputable insurance company to cover their separate risks and liabilities under a Contract. Fury Advertising Ltd maintains, at minimum, Professional Indemnity insurance, Public Liability insurance, and Cyber Liability insurance, the details of which can be provided on request.
13. Non-Solicitation
13.1 During the period of a Contract and for six (6) months after its termination or expiry, neither Party shall directly or indirectly solicit, entice away, employ or engage any of the other Party's officers, employees, workers or contractors involved in the negotiation or performance of the Contract, without the other Party's prior written consent (such consent not to be unreasonably withheld). This does not apply where the engagement results from a public recruitment process not specifically targeted at the other Party's staff.
13.2 If a person leaves the employment of one Party as a result of a breach of this clause and commences employment with the other Party within six (6) months, the breaching Party shall pay the non-breaching Party a fee equivalent to twenty percent (20%) of the relevant person's annual salary.
14. Force Majeure
14.1 Neither Party shall be in breach of a Contract or otherwise liable for any failure or delay in performing its obligations if that failure or delay results from a Force Majeure Event. The time for performance shall be extended accordingly and the affected Party shall use reasonable endeavours to mitigate the impact.
14.2 If the Force Majeure Event prevents or delays the affected Party's performance of its obligations for a period of more than 20 Business Days, the other Party may terminate the affected Contract on no less than 5 Business Days' notice in writing.
15. Termination
15.1 Either Party may terminate a Contract with immediate effect by providing written notice to the other Party if:
The other Party suspends, ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
The other Party becomes insolvent, has a receiver appointed, or takes any similar action in another jurisdiction.
The other Party repeatedly breaches the Contract in a manner that reasonably indicates an unwillingness or inability to fulfil its contractual obligations.
The other Party commits a material breach of any term of the Contract that is either incapable of remedy or, if remediable, fails to rectify the breach within 10 Business Days of receiving written notice.
The other Party fails to make a payment due under the Contract by the agreed deadline and remains in default for at least 10 Business Days after receiving written notice requiring payment.
15.2 Termination of Retainer. The Customer may terminate a Retainer Agreement by providing 30 days' written notice (or such longer period as set out in the Retainer Agreement). Termination during a minimum term may be subject to early termination fees as specified in the Retainer Agreement.
15.3 Termination of Project Work. The Customer may terminate a SOW at any time by written notice. The Customer remains liable for: (i) all Fees for work completed up to the date of termination; (ii) any third-party costs already committed; and (iii) any non-cancellable commitments made on the Customer's behalf.
15.4 On termination of any Contract:
Any outstanding Fees become immediately due and payable as a debt to Fury Advertising Ltd.
Fury Advertising Ltd shall hand over completed and approved Deliverables for which payment has been received in full.
Each Party shall return or destroy the other Party's Confidential Information.
16. Assignment and Sub-Contracting
16.1 Fury Advertising Ltd may assign, transfer, charge, sub-contract or otherwise delegate any or all of its rights and obligations under a Contract to any of its Affiliates (including the parent company VT Holdings) or a third party (including Fury Advertising (PTY) Ltd), provided written notice is given to the Customer. Fury Advertising Ltd remains responsible to the Customer for the actions of its Affiliates and Sub-Contractors.
16.2 The Customer may not assign its rights or obligations under a Contract without Fury Advertising Ltd's prior written consent.
17. Notices
17.1 Any notice given to a Party under or in connection with these Conditions shall be in writing and shall be:
Delivered by hand to its registered office (if a company) or its principal place of business by pre-paid first-class post or other next working day delivery service; or
Sent by email to: (i) in the case of the Customer, the Customer Representative's email address as notified to Fury Advertising Ltd; (ii) in the case of Fury Advertising Ltd, admin@furyadvertising.com.
17.2 Any notice shall be deemed to have been received: (a) if delivered by hand, at the time the notice is left; (b) if sent by post, at 9:00 am on the second Business Day after posting; or (c) if sent by email, at the time of transmission, or if outside Business Hours, when Business Hours resume.
17.3 This clause does not apply to the service of any proceedings or other documents in any legal action.
18. No Partnership or Agency
18.1 Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.
18.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
18.3 If a provision in these Conditions is held by any competent authority to be invalid or wholly or partly unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, without affecting the validity of the remaining provisions.
19. Dispute Resolution
19.1 If a dispute arises, either Party may initiate the resolution process by sending written notice to the other Party, outlining the issues in dispute, providing relevant documents or materials, and specifying the desired remedy.
19.2 If the dispute is not resolved within 10 Business Days of receiving the notice, the matter shall be escalated to senior representatives from each Party's business management.
19.3 If the dispute remains unresolved after a further 10 Business Days, it shall be escalated to the next level of senior management.
19.4 Should the dispute still not be resolved within 10 Business Days thereafter, either Party may seek relief through the courts of England and Wales in accordance with clause 20.
20. Governing Law and Jurisdiction
20.1 These Conditions and any Contract (and any non-contractual disputes or claims arising out of or in connection with them) shall be governed by and construed in accordance with the laws of England and Wales.
20.2 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or any Contract.
RSA COMPANY TS & CS
The use of FURY Advertising services is governed by these terms and conditions. Please take a few minutes to review them. The use of FURY services indicates the user’s acceptance of these terms and the user’s agreement to follow and be bound by them. If the client/user does not agree with any of these terms and conditions, do not use FURY services. These terms and conditions may change. FURY may periodically change the terms, without notice, so kindly check them from time to time as the client/ users continued use of FURY Advertising services signifies acceptance of any changed terms.
A 50% deposit is required upon acceptance of our quotation before any work will commence and the balance will be payable once the work has been delivered unless otherwise arranged with FURY Advertising in writing.
Acceptance:
Acceptance of our estimate indicates acceptance of the costs and approves for production to commence. All raw, open files of all artwork created by FURY Advertising on behalf or for any client, will always remain the intellectual property ofFURY Advertising. Handing over of any such files will be done so at FURY’s discretion. Acceptance of any Cost Estimates will be seen as acceptance of FURY’s full terms and conditions of business, a copy of which will be supplied upon request.https://furyadvertising.com/ts-and-csCost Estimates (“CE”) are subject to variation, should there be any amendment to the original brief by the Client, either in respect of scope, time or creative vision, additional costs incurred due to any such amendments will be set out in an additional invoice, which will be presented for payment together with the original invoice based upon this Cost Estimate and will similarly be due and payable with immediate effect. CE’s and invoices are inclusive of VAT(within South Africa).
Bookings:
Cost Bookings will only be confirmed upon written acceptance of the CE by the Client, together with a receipt of proof of payment of a fifty percent (50%) deposit of total production costs at least ten (10) days prior to commencing production. The balance is due on presentation of final invoice and/or any additional invoices. The CE is valid for thirty(30) days unless otherwise stipulated.Usages:
Cost Unless expressly specified and quoted upon, any usage of the materials produced is strictly restricted to the territories within the Republic of South Africa. Should the Client wish to extend its usage right for a further period, or beyond the scope of the photographer or cast usage as stipulated herein, a written agreement of new terms is to be agreed upon both parties. This cost is for the number of images/edits stipulated in the shotlist agreed with the client. RAW files are not handed over unless this is stipulated and costed for prior to cost sign off. E.&O.E7. Liability
In the event of cancellation by the Client, for whatsoever reason (including weather) within seventy-two (72) hours prior to the scheduled commencement of the shoot or items related to this cost estimate, a fifty percent (50%) cancellation fee will apply. In the event of the Client canceling the photo-shoot or items related to this cost estimate for whatsoever reason (including weather) within twenty-four (24) hours of the scheduled commencement of the photo-shoot, one hundred and payable upon receipt of the invoice. If any job is canceled, open /raw files will remain the exclusive property of FURY Advertising.