Media Services Terms and Conditions

These terms and conditions constitute the complete agreement under which the National Society for Education, Mentoring and Media (NSEMM) provides media services. Our services include, but are not limited to, website development, photography, music production, digital content creation, and any other media ventures that meet our charitable primary purposes. This document forms a legally binding agreement between NSEMM and any party engaging our media services.

1. Agreement and Acceptance

By engaging NSEMM’s media services, making any payment to NSEMM, or entering into any form of collaboration with NSEMM for media services, you explicitly agree to be bound by these Terms in their entirety. These Terms cannot be varied mid-contract without the written agreement of both parties.

All media services are provided as primary purpose trading activities that directly advance NSEMM’s charitable objectives of education, mentoring, and media services, particularly for individuals under twenty-five years of age.

2. Service Definition and Charitable Compliance

2.1 Media Services Scope

NSEMM provides bespoke media services across multiple disciplines, including the following.

Website Development and Digital Platforms NSEMM develops websites and digital platforms for organisational clients using WordPress as the standard content management system. Website development services are provided exclusively to business and organisational clients (B2B) and are not available to individual consumers. This includes CMS implementation and customisation, mobile-responsive design, accessibility compliance to WCAG 2.1 AA standards, search engine optimisation for educational content, and WordPress website transfer services.

Photography and Visual Media NSEMM provides event photography and documentation services for educational and charitable organisations. This includes educational institution photography, portrait photography for professionals and students, documentary photography for charitable projects, and digital image processing and optimisation for commercial use. Photography services may be engaged by both organisational clients and individual consumers.

Music Production and Audio Services NSEMM produces educational music and compositions for learning materials, podcast production for educational and charitable organisations, voice-over recording and audio narration, sound design for educational applications, and audio editing and mastering services. Music production and audio services may be engaged by both organisational clients and individual consumers.

Digital Content Creation NSEMM creates educational video production and post-production services, animation and motion graphics for educational content, graphic design for educational materials, social media content creation for educational and charitable organisations, and digital publishing. Digital content services may be engaged by both organisational clients and individual consumers.

Other Media Ventures NSEMM may provide any additional media services that directly advance its charitable objectives, including emerging media technologies, collaborative media projects with educational partners, and media consultancy services for educational organisations.

Custom and Bespoke Projects Any requirements beyond standard service offerings constitute bespoke projects requiring a separate quotation. This includes custom software integrations, specialised equipment requirements, complex post-production workflows, and advanced technical implementations.

2.2 Charitable Objectives Compliance and Trading Classification

Primary Purpose Trading Media services that directly contribute to the furtherance of NSEMM’s charitable purposes, as outlined in Charity Commission guidance CC35, have no restrictions on annual turnover. This applies to the following categories of organisation:

• Primary, secondary, independent, and special educational needs schools

• Colleges, universities, further education colleges, sixth form colleges, and adult education providers

• University student unions, societies, and academic organisations

• Youth groups including Scouts, Guides, and Cadets

• Arts and cultural youth organisations and community youth centres

• Career guidance, employment support, and mentoring programmes

• Community centres offering educational programmes, public libraries, and educational outreach charities

• Mental health organisations serving young people and disability support organisations with an educational focus

• Registered educational charities, foundations, and social enterprises with educational objectives

Ancillary Trading Media services provided to registered charities or organisations with clear charitable or public benefit objectives are classified as ancillary trading, with no annual turnover restrictions, where NSEMM charges cost-covering or below-market rates and provides services that help those organisations deliver their own charitable aims.

Non-Primary Purpose Trading General commercial media services with indirect or minimal public benefit are subject to HMRC small-scale exemption limits. Annual turnover from non-primary purpose trading must remain within £8,000 or 25% of NSEMM’s total annual income, whichever is higher. NSEMM’s trustees will review this income quarterly and will consider forming a trading subsidiary if thresholds are likely to be exceeded.

Excluded Projects NSEMM will not undertake work involving political party or partisan campaign content, adult entertainment, gambling, or harmful content. We will not create content promoting discrimination on the basis of protected characteristics, or work with organisations whose activities fundamentally conflict with NSEMM’s charitable objectives.

2.3 Bespoke Nature of Services

Our media services are entirely bespoke, representing work created specifically for each client. By engaging our services, you acknowledge that all work is created uniquely for your requirements, cannot be resold or repurposed for other clients, and is personalised to your needs. We do not offer standardised or off-the-shelf products.

All deliverables remain NSEMM’s sole and exclusive property until payment has been received in full.

3. Service Delivery Specifications

3.1 Website Development

WordPress serves as the standard platform for all website development. Websites are initially built on a staging environment before live migration to the client’s domain following Project Specification Sign-Off. SSL security certificates for one primary domain are included in the hosting package; additional certificates are charged separately.

As website development is provided exclusively to organisational clients, no consumer cooling-off rights apply to this service. The agreement is binding upon the client’s written instruction to proceed.

3.2 Photography and Visual Media

NSEMM uses professional-grade cameras, lighting, and equipment for all photography services. We deliver high-resolution JPEG images, professionally edited with colour correction and optimisation. Raw photographs remain NSEMM’s exclusive property and are never provided to clients.

Quality and quantity may vary based on conditions beyond our control, including lighting, venue layout, weather, equipment availability, and venue restrictions. NSEMM makes no guarantee regarding the number of photographs per performer, act, or participant.

Clients must ensure access and shooting conditions are provided as agreed. Any changes to event timing or location must be communicated with at least 24 hours’ notice. Payment remains due in full if access is restricted or denied by the client.

Standard delivery is within 20 working days of event or session completion. If NSEMM delivers beyond this, clients receive a 1% discount per working day, up to a maximum of 10%.

3.3 Music Production and Audio Services

NSEMM maintains a minimum recording standard of 48kHz/24-bit resolution. Deliverables are provided in FLAC and WAV formats via a secure online download portal. Up to three revision rounds are included in standard packages for mixing and mastering. Source files, session files, and raw recordings remain NSEMM’s exclusive property and are never provided to clients.

Final audio files are delivered within 14 working days of recording completion.

3.4 Digital Content Creation

NSEMM maintains a minimum 1080p HD resolution standard for video content, with 4K available for premium packages. Graphic design deliverables are provided in print-ready (300 DPI) and web-optimised (72 DPI) formats. Subtitles and closed captions are available as additional services.

4. Client Categorisation and Pricing

4.1 Client Tier Classification

Tier 1 — Primary Purpose / Ancillary Trading Preferential rates apply to UK registered charities, maintained schools, academies, colleges, universities, Community Interest Companies with an educational focus, recognised student unions and societies, not-for-profit organisations primarily serving individuals under 25, and public sector educational bodies.

This tier operates under primary purpose or ancillary trading classification (Charity Commission CC35), meaning no annual turnover restrictions apply.

Tier 2 — Commercial Educational Sector Standard rates apply to private educational providers, training companies, educational technology companies in the private sector, and commercial tutoring organisations. This tier may constitute non-primary purpose trading and is subject to HMRC monitoring.

Tier 3 — General Commercial Standard rates apply to private healthcare and wellbeing organisations, non-charitable community organisations, companies with demonstrable public benefit, and professional services supporting the charitable sector. This tier constitutes non-primary purpose trading and is subject to HMRC thresholds.

Individual consumers engaging photography, music production, or digital content services are classified according to the nature of their engagement and priced at Tier 2 & 3 rates unless they qualify for Tier 1 on the basis of a documented educational or charitable purpose.

4.2 Pricing Structure

Website Development (Organisational clients only)

| Package | Tier 1 | Tier 2 & 3 | Includes |
| Basic Educational Website | £825 | £1,150 | Up to 5 pages, mobile responsive, basic CMS, contact forms, SEO |
| Standard Educational Website | £1,425 | £1,995 | Up to 10 pages, custom design, advanced CMS, basic e-learning, SEO |
| Professional Educational Platform | £1,875 | £2,625 | Up to 20 pages, complex functionality, LMS integration, user portals |
| Enterprise Educational System | £3,125 | £4,375 | Unlimited pages, full LMS, student information systems, advanced assessment |

Website Licensing Options

| Licence | Tier 1 | Tier 2 & 3 |
| Standard (included) | | |
| Commercial Display Licence | +£125 | +£175 |
| Enhanced Commercial Licence | +£285 | +£395 |
| White Label Licence | +£485 | +£675 |

Photography Services

| Service | Tier 1 | Tier 2 & 3 |
| Event Photography – Half Day (up to 4 hrs) | £275 | £385 |
| Event Photography – Full Day (up to 8 hrs) | £485 | £675 |
| Portrait / Headshot Session (up to 2 hrs) | £165 | £235 |
| Educational Institution Package | £385 | £535 |

University societies are charged at £32 per hour for event photography.

Photography Licensing Options

| Licence | Tier 1 | Tier 2 & 3 |
| Standard Perpetual Commercial (included) | — | — |
| Enhanced Commercial Licence | +£75 | +£105 |
| Exclusive Licence | +£185 | +£265 |

Music Production and Audio Services

| Service | Tier 1 | Tier 2 & 3 |
| Educational Music Production (per track) | £285 | £395 |
| Audio Recording Session (up to 4 hrs) | £225 | £315 |
| Podcast Production (per episode) | £145 | £205 |
| Voice-over Recording and Production | £85 | £125 |

Audio Licensing Options

| Licence | Tier 1 | Tier 2 & 3 |
| Standard Perpetual Commercial (included) | — | — |
| Enhanced Commercial Licence | +£95 | +£135 |
| Exclusive Licence | +£195 | +£275 |

Digital Content Creation

| Service | Tier 1 | Tier 2 & 3 |
| Video Production (up to 5 minutes) | £485 | £675 |
| Animation and Motion Graphics (per minute) | £285 | £395 |
| Graphic Design Package | £185 | £265 |
| Social Media Content Package (10 posts) | £145 | £205 |

Subtitles and closed captions are available as an additional service at £85 (Tier 1) or £125 (Tier 2 & 3).

4.3 Additional Services and Pricing

Excess Development and Production Time Where actual time exceeds the estimated package hours, Tier 1 clients are charged £15 per hour and Tier 2 & 3 clients are charged £17 per hour. All hourly rates meet or exceed the London Living Wage and are adjusted annually in line with Living Wage Foundation updates.

Advanced Services

| Service | Tier 1 | Tier 2 & 3 |
| Advanced SEO | £15/hr | £17/hr |
| Staff Training (per day) | £125 | £175 |
| Staff Training (half day) | £75 | £105 |
| Rush Delivery Surcharge | +25% of project cost | +25% of project cost |

Travel expenses for events outside the local area are charged at actual cost plus 45p per mile.

Third-Party Costs Third-party costs are charged at cost price plus a 15% administration fee. This applies to software licences and subscriptions, stock photography, music and video assets, specialised equipment rental, location fees and permits, and professional talent.

Free Service Packages Free service packages are available solely at the discretion of NSEMM’s Board of Trustees. These include one month of technical support only. All modifications and additional services remain chargeable at standard rates.

No Price Matching NSEMM does not price match competitor quotations. All published prices are final and non-negotiable.

4.4 Tier 1 Qualification Requirements

Organisations seeking Tier 1 pricing must provide documentation evidencing charitable registration or educational institution status, evidence of educational activity or youth service delivery, confirmation of public benefit objectives, and compliance with equality and diversity policies.

5. Payment Terms and Conditions

5.1 Payment Structure

All payments must be made in Pounds Sterling. NSEMM accepts full payment in advance, or deposit with scheduled instalment payments as agreed in writing.

Deposit Structure – Tier 1

• 25% deposit on contract signing (minimum £150)

• 50% interim payment on milestone approval

• 25% final payment on project completion

Deposit Structure – Tier 2 & 3

• 40% deposit on contract signing (minimum £250)

• 40% interim payment on milestone approval

• 20% final payment on project completion

5.2 Payment Terms by Client Type

Business and Organisational Clients (B2B): Tier 1 clients: net 30 days from invoice date. Tier 2 & 3 clients: net 14 days from invoice date.

Late payment interest is charged at 8% plus the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. NSEMM will claim statutory compensation for debt recovery costs as permitted by law.

All website development services are provided exclusively to business and organisational clients. As such, no consumer cooling-off rights apply to website development. The agreement is binding and all payments are non-refundable (subject to section 5.3) from the point of written instruction to proceed.

Individual Consumer Clients (B2C) – Photography, Music Production, and Digital Content Only: Individual consumers engaging photography, music production, or digital content services are subject to the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.

Because all NSEMM services are bespoke and created specifically for each client, the cooling-off right under the Consumer Contracts Regulations 2013 does not apply once work has commenced at the client’s request. Before any bespoke service commences, NSEMM will ask the client to confirm in writing that they consent to work beginning immediately and that they understand this waives their right to cancel under the Regulations. NSEMM will not commence work, and will not treat the cooling-off right as waived, until this written confirmation has been received.

Where a client does not request immediate commencement, a 14-day cooling-off period applies to any non-bespoke element of the service from the date of contract. No such non-bespoke elements currently exist within NSEMM’s standard service offerings.

5.3 Refund Policy

Refunds are assessed by reference to the milestone payment structure in section 5.1. Payments made for completed and signed-off stages are non-refundable.

Payments made for stages not yet commenced are refundable subject to any demonstrable preparatory costs incurred by NSEMM. Payments for stages commenced but not completed are assessed on a case-by-case basis, taking into account work completed and costs incurred.

Consumer clients retain statutory rights under the Consumer Rights Act 2015 where applicable.

5.4 Data Processing

By engaging NSEMM’s media services, clients agree to enter into NSEMM’s Data Processing Agreement prior to the commencement of any work. This agreement governs the processing of any personal data shared with or processed by NSEMM in connection with the delivery of media services and reflects the requirements of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

The Data Processing Agreement is available at www.nsemm.org.uk/policies. No work will commence until the Data Processing Agreement has been signed by an authorised representative of the client.

Where a project involves the processing of personal data relating to individuals under 18 years of age, clients must confirm compliance with applicable safeguarding obligations before work commences, and must notify NSEMM immediately of any safeguarding concerns arising in connection with the project.

6. Sign-Off and Approval Processes

6.1 Website Development – Five-Stage Sign-Off

Stage 1: Project Specification and Scope Definition Before any development commences. Client provides written approval within 5 working days of specification delivery.

Stage 2: Design and User Experience Approval On completion of visual design. Client provides written approval within 5 working days of design presentation.

Stage 3: Development Milestone Verification At 50% development completion. Client conducts testing and provides written approval within 3 working days.

Stage 4: Pre-Launch Acceptance Testing On completion of all development and content population. Client provides approval within 5 working days.

Stage 5: Project Completion and Handover Following successful launch and training. Client acknowledges successful delivery and accepts project handover.

6.2 Photography – Three-Stage Approval

Stage 1: Pre-Event Planning At least 48 hours before the event. Shot list, timing schedule, and location details confirmed.

Stage 2: Event Execution During service delivery. Client provides agreed access and communicates any changes immediately.

Stage 3: Final Image Selection and Delivery Within 20 working days of event completion. Client approves image selection and accepts delivery.

6.3 Music Production – Four-Stage Process

Stage 1: Creative Brief Before production commences. Client approves brief within 3 working days.

Stage 2: Initial Recording and Rough Mix Client provides feedback within 5 working days of rough mix delivery.

Stage 3: Final Mix and Master Review Client provides final approval within 3 working days.

Stage 4: Delivery and Licensing Final delivery in agreed formats with licensing documentation.

6.4 Digital Content – Variable by Type

• Video production follows a five-stage process (planning, pre-production, production, post-production, delivery).

• Graphic design follows a three-stage process (brief, initial concepts, final artwork).

• Animation and motion graphics follow a four-stage process (storyboard, rough animation, final animation, delivery).

• Social media content follows a two-stage process (concept approval, final delivery).

6.5 Delay Management

Client-Caused Delays

| Delay Period | Consequence |
| 5+ working days | Timeline extended without penalty to NSEMM |
| 10+ working days | NSEMM may suspend project and invoice for completed work |
| 15+ working days | NSEMM may reallocate resources to other projects |
| 20+ working days | NSEMM may terminate with payment retention for completed stages |
| 30+ working days | Automatic termination with retention of all payments for completed stages |

NSEMM-Caused Delays

| Delay Period | Consequence |
| 5+ working days | Timeline extended with client notification |
| 10+ working days | 5% discount on remaining payments |
| 15+ working days | 10% discount on remaining payments |
| 20+ working days | Client termination rights with full refund of payments for stages not yet commenced |

7. Change Control and Modification Management

7.1 Change Management by Service

Website Development

• Minor changes (under 2 hours): requested by email, requires project manager approval.

• Moderate changes (2–8 hours): requires formal request and senior management approval.

• Major changes (8+ hours): requires comprehensive proposal and Board approval.

Photography Pre-event changes require at least 24 hours’ notice. Event-day changes are subject to feasibility and may incur additional charges. Post-event changes are limited to image selection and basic editing within the agreed scope.

Music Production Creative changes during recording are unlimited at no additional cost. Mix changes are limited to three revision rounds and mastering changes to two revision rounds. Additional revisions are charged at standard hourly rates.

Digital Content Concept changes must be approved before production begins. Production and post-production changes are limited to the revision rounds specified in the service agreement.

7.2 Change Control Enforcement

Any modification request that bypasses formal procedures will be declined until the proper process is followed. Clients are responsible for any delays or costs resulting from unauthorised change requests.

8. Technical Standards and Quality Assurance

8.1 Universal Standards

All services are delivered using industry-standard equipment, techniques, and delivery formats. Deliverables align with the client’s organisational mission and brand guidelines, meet relevant accessibility standards, and are optimised for their intended use and distribution platforms.

8.2 Service-Specific Standards

Website Development Non-negotiable standards include WCAG 2.1 AA accessibility compliance, page load times under 3 seconds, mobile optimisation, SSL security, and SEO foundation implementation.

Photography Professional-grade equipment, high-resolution delivery, and appropriate colour correction and optimisation.

Music Production Minimum 48kHz/24-bit recording quality and professional mixing and mastering.

Digital Content Minimum 1080p resolution for video; print-ready resolution for graphics; content formatted for multiple delivery platforms.

9. Support Periods and Maintenance

9.1 Support by Service

Website Development

• Basic packages: 3 months of technical support (bug fixes only).

• Standard packages: 6 months of support covering bugs, minor updates, and training.

• Professional packages: 9 months of support plus quarterly performance reviews.

• Enterprise packages: 12 months of support plus monthly reviews and optimisation.

Photography

• 30 days for additional editing requests within the agreed scope.

• 12 months of online gallery access for image downloads.

• Print services available at additional cost for 24 months.

Music Production

• 90 days for minor mix adjustments within the agreed scope.

• Re-mastering at reduced rates for 12 months following delivery.

• Additional format conversion at cost for 24 months.

Digital Content

• Video: 60 days for minor edits and format conversions.

• Graphic design: 30 days for minor adjustments and format variations.

• Animation: 90 days for minor revisions and format exports.

9.2 Support Conditions

Support is provided only where no unauthorised modifications have been made to delivered content, original files and specifications are maintained as required, and third-party integrations continue to function as originally configured.

9.3 Client-Caused Issue Resolution

Up to 2 hours of investigation are included as standard. Significant remediation beyond this is charged at £15 per hour (Tier 1) or £17 per hour (Tier 2 & 3).

10. Intellectual Property Rights

10.1 Ownership

NSEMM retains complete and permanent ownership of all intellectual property created through media services until payment is received in full. This includes website designs, source code, photographs, musical compositions, recordings, video productions, animations, and graphic designs, as well as any derivative works.

10.2 Licence Grant Following Full Payment

Upon receipt of full payment, NSEMM grants a non-exclusive, non-transferable licence as specified in the agreed service package.

The standard licence includes:

• Operational use rights for organisational and business purposes

• Content management within agreed parameters

• Basic commercial use rights as defined per service type

• Limited distribution for organisational and promotional purposes

The standard licence excludes:

• Modification of source code or technical architecture

• Sublicensing or granting usage rights to third parties

• Access to raw files, source files, or technical documentation

• Removal of NSEMM attribution (unless White Label Licence purchased)

• Creation of derivative works from core technical or creative elements

10.3 NSEMM’s Retained Rights

NSEMM retains an irrevocable, perpetual, worldwide licence to use any created content for NSEMM promotional and marketing purposes, portfolio inclusion, educational demonstration, and professional showcase in any medium.

10.4 Service-Specific IP Notes

Website Development: NSEMM retains complete ownership of source code and technical architecture. NSEMM attribution is required unless a White Label Licence is purchased.

Photography: Raw photographs remain NSEMM’s exclusive property. Clients are responsible for obtaining model releases and location permissions. NSEMM retains portfolio rights unless an Exclusive Licence is purchased.

Music Production: Project files, session files, and raw recordings remain NSEMM’s exclusive property. Clients are responsible for any third-party sampling clearances.

Digital Content: Source files and project files remain NSEMM’s exclusive property. Clients are responsible for clearing any third-party content they provide for incorporation.

11. Technical Protection and Security

NSEMM implements technical protection measures appropriate to each media type, including digital watermarking, encrypted delivery, access control systems, version control, and secure backup of all project files.

Clients are strictly prohibited from reverse engineering NSEMM’s production processes, extracting content elements for unauthorised use, circumventing technical protection measures, distributing content beyond agreed licensing terms, or removing NSEMM attribution without the appropriate licence.

Any breach of these provisions constitutes a material breach of this agreement, resulting in immediate licence termination, potential legal action, liability for damages and legal costs, and forfeiture of all payments made for incomplete work.

12. Charitable and Educational Collaboration

12.1 Preferential Rate Framework

NSEMM may, at its sole discretion, offer preferential rates to organisations that meet its charitable collaboration criteria. This decision considers the organisation’s charitable status, educational impact potential, and alignment with NSEMM’s constitutional objectives.

12.2 Compliance Requirements

All collaborating organisations must maintain equality and diversity policies, safeguarding policies for vulnerable individuals, UK GDPR-compliant data protection policies, ethics and compliance frameworks, and conflict of interest policies.

12.3 Ongoing Obligations

Collaborating organisations are expected to maintain professional relationships throughout the project, provide regular progress reports as requested, participate in impact assessment activities, and allow periodic audits as required for NSEMM’s charitable compliance obligations.

12.4 NSEMM’s Absolute Rights

NSEMM reserves the absolute right to withdraw preferential rates at any time without notice, to terminate agreements where collaborative relationships deteriorate, and to refuse service to any organisation without stating reasons.

13. Dispute Resolution and Liability

13.1 Dispute Resolution

NSEMM’s preferred method of resolving disputes is through the progressive process set out in section 13.4. Where this process does not resolve the matter, NSEMM’s default position is binding arbitration under English law, conducted in England, limited to actual damages paid to NSEMM and excluding all consequential damages.

For business clients (B2B), arbitration is the agreed method of formal dispute resolution following exhaustion of the progressive process.

For individual consumer clients (B2C), nothing in these Terms removes or restricts any statutory rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation. Consumer clients retain the right to bring claims before the courts of England and Wales where statute provides for this.

13.2 Limitation of Liability

NSEMM’s total liability in respect of any single claim is limited to the amount actually paid by the client for the specific stage or deliverable in dispute, as defined by the milestone payment structure in section 5.1. Where NSEMM has failed to deliver a paid stage to a reasonable standard, the client’s remedy is a refund of the payment made for that stage, less any demonstrable costs incurred by NSEMM in attempting delivery.

NSEMM excludes liability for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, and reputational damage in all cases.

NSEMM excludes liability for the following where these arise from causes beyond its reasonable control:

• Search engine rankings or website traffic performance

• Failures of third-party integrations, platforms, or services

• Weather conditions, venue restrictions, or access limitations imposed by third parties

• Changes to third-party platform policies affecting content distribution

Nothing in these Terms limits NSEMM’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other matter for which liability cannot be legally excluded or limited.

13.3 Claims Timeframe

Clients must notify NSEMM in writing of any claim or potential claim as soon as reasonably practicable, and in any event within the active support period for the relevant service. Early notification allows NSEMM to investigate and, where possible, remedy the issue promptly.

The limitation period for bringing a formal claim is governed by the Limitation Act 1980. For contract claims this is six years from the date the cause of action arose. NSEMM does not seek to exclude this statutory limitation period.

Late notification of a claim, particularly after the relevant support period has expired, may affect the remedies available and will be taken into account in any dispute resolution process.

13.4 Progressive Resolution Process

• Direct Resolution — Project manager and client discussion within 5 working days of written dispute notification.

• Management Review — Senior management involvement within 10 working days if initial resolution is unsuccessful.

• Mediation — Good faith mediation as required by NSEMM’s constitution.

• Arbitration — Binding arbitration under English law (B2B clients); or court proceedings at the client’s election (B2C clients).

• Legal Proceedings — Through English courts as a last resort, with full costs liability and legal fee recovery.

14. Termination

14.1 NSEMM Termination Rights

NSEMM may terminate any media service immediately where payment terms are not met, professional standards are violated, equality and diversity policies are breached by the client, the collaboration no longer serves charitable purposes as determined by NSEMM, or services are no longer in the best interest of NSEMM staff. Termination decisions are made solely by NSEMM’s Board of Trustees or their authorised representatives.

14.2 Consequences of Termination

Upon termination, the following apply.

Completed stages — Payments for stages that have been delivered to the required standard and signed off in writing by the client are retained by NSEMM in full. A stage is also treated as complete where the client has failed to provide feedback or approval within the timeframes set out in section 6.

Stages not yet commenced — Payments made for stages not yet commenced will be refunded within 30 days of termination, subject to any deductions for preparatory costs demonstrably incurred by NSEMM in connection with those stages.

Stages commenced but not completed — These will be assessed on a case-by-case basis. NSEMM will provide a written breakdown within 14 days of termination, taking into account work completed, materials produced, and costs incurred. Where termination results from client breach of these Terms, NSEMM reserves the right to retain payment for commenced stages in full.

Licences — Licences granted under section 10.2 cease immediately upon termination, except where the client has received a signed completion certificate for a fully paid and delivered stage, in which case the licence for that stage survives termination.

Intellectual property — All IP for incomplete or unpaid work reverts to NSEMM’s complete ownership immediately upon termination.

Service access — All service access is revoked immediately upon termination.

Where termination is initiated by NSEMM without client fault, NSEMM will provide written reasons within 5 working days and will process any applicable refunds within 30 days.

14.3 Client Termination Rights

All clients have the right to terminate with 14 days’ written notice, subject to payment obligations for completed and commenced stages as set out in section 14.2. Consumer clients retain statutory rights under the Consumer Rights Act 2015 where applicable.

14.4 Continuity of Service

In the event that NSEMM ceases to operate, becomes insolvent, or is otherwise unable to continue delivering services mid-project, NSEMM will use reasonable endeavours to provide the client with all deliverables completed to the date of cessation, provide written documentation of work completed and outstanding, and refund any payments made for stages not yet commenced. NSEMM’s Board of Trustees is responsible for ensuring appropriate arrangements are in place to discharge these obligations. Clients are advised that NSEMM’s ability to fulfil these obligations in the event of insolvency may be limited by applicable insolvency law.

15. Force Majeure

Neither party shall be in breach of these Terms, nor liable for any failure or delay in performing obligations, where such failure or delay results from events beyond that party’s reasonable control. Events of force majeure include, but are not limited to, acts of God, natural disasters, pandemic or epidemic, civil unrest, war, terrorism, strikes or industrial action (other than by NSEMM’s own staff), failure of utility services, government action or restriction, and failure of third-party internet infrastructure.

The party affected must notify the other in writing as soon as reasonably practicable, setting out the nature of the event and its likely impact on delivery.

Where a force majeure event prevents performance for more than 30 consecutive days, either party may terminate the affected project by giving 14 days’ written notice. In such circumstances, NSEMM will refund payments made for stages not yet commenced. Payments for completed stages are retained by NSEMM.

NSEMM will not claim force majeure in respect of events that were foreseeable at the time of entering into the agreement, or that could reasonably have been mitigated.

16. Profit Reinvestment and Charitable Benefit

All profits generated from media services are reinvested into NSEMM’s charitable activities in accordance with our constitution and charitable objectives. This includes funding free or subsidised tutoring services for individuals under 25, supporting educational outreach programmes, developing new educational resources, enhancing service delivery capacity, supporting mentoring and guidance programmes for young people, and funding equipment and technology upgrades for charitable purposes.

Primary purpose and ancillary trading activities maintain tax-exempt status under charity trading provisions. Non-primary purpose trading profits are subject to corporation tax where HMRC thresholds are exceeded, with full reinvestment into charitable activities thereafter.

17. General Provisions

17.1 Governing Law

These Terms are governed by English law. Legal proceedings must be brought exclusively in the courts of England and Wales. If any provision is found unenforceable, the remaining provisions continue in full force and effect.

17.2 Entire Agreement and Variation

This document constitutes the entire agreement between the parties for all media services and supersedes all prior agreements, whether written or oral.

These Terms may not be varied mid-contract without the written agreement of both parties. NSEMM reserves the right to update these Terms for future engagements. Updated Terms are published on the NSEMM website with the date of change clearly indicated. Updated Terms apply only to new agreements entered into after the date of publication and do not affect any project already underway at that date. Clients entering into new projects after an update will be notified of material changes and asked to confirm acceptance before work commences.

17.3 Document Authority

17.4 Contact Information

Office hours: Monday to Friday, 9:00am to 5:00pm GMT. Response time: within 2 working days.

By engaging NSEMM’s media services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

Appendix A: Project Initiation Form

Section 1: Client Information

Section 2: Project Overview

Section 3: Service-Specific Requirements

Website Development (Organisational clients only)

Photography

Music Production

Digital Content Creation

Section 4: Educational and Charitable Alignment

• How does this project advance educational objectives?
• Target Age Group: Under 16 / 16–18 / 18–25 / Over 25 / Mixed Ages
• Public Benefit Description:
• Measurable Outcomes Expected:

Section 5: Compliance and Safeguarding

Data Processing Requirements: Personal data — adults / Personal data — under 18s / Educational data / Marketing data

Safeguarding Considerations: Direct interaction with minors / Image or video capture of under 18s / Audio recording of minors / Online platform with user interaction

Content Considerations: Multicultural sensitivity required / Accessibility features needed / Multiple language support / Special educational needs considerations

Section 6: Project Authorisation

Financial Authorisation

• Name:
• Position:
• Spending Authority Limit:

Section 7: Declarations and Agreements

• I confirm this organisation or I as an individual qualifies for the stated tier pricing.
• I have authority to enter into this agreement on behalf of the organisation (B2B clients).
• I understand and agree to NSEMM’s service-specific approval processes.
• I acknowledge that changes after approval may incur additional charges.
• I confirm this project advances educational or charitable objectives.
• I agree to NSEMM’s payment terms and conditions.
• I understand the service-specific support period limitations.
• I acknowledge NSEMM’s intellectual property ownership until payment is completed in full.
• I agree to binding arbitration for dispute resolution under English law (B2B clients only).
• I understand NSEMM’s right to use completed work for promotional and educational purposes.
• I confirm I have read and signed NSEMM’s Data Processing Agreement prior to commencement of work.
• (Consumer clients engaging photography, music, or digital content only) I request that work commences immediately and I understand that by doing so I waive my right to cancel under the Consumer Contracts Regulations 2013.

Client Authorisation

Signature: _________________________ Date: _____________

Print Name: _________________________ Position: _________________________