GENERAL CONDITIONS FOR THE PROVISION OF SERVICES
MAD MEDIA SL
1. Purpose of the service
Mad Media SL provides professional audiovisual production services, including photography, video, and derived content, in accordance with the scope, formats, uses, and conditions previously agreed with the client, whether through a budget, proposal, email, or any other valid written means of communication.
2. Professional commitments and guarantees
Mad Media SL commits to providing its services with professional, technical, and creative criteria in line with the standards of the audiovisual sector, complying at all times with current legal regulations and holding valid liability insurance.
In the event that, without any objective technical defects, the final result is not fully compatible with the practical needs of the client, both parties commit to engaging in good faith dialogue to assess possible reasonable adjustments, technical alternatives, or, where applicable, preferential conditions for subsequent work, without this implying an obligation to completely redo the work or an automatic refund of amounts.
3. Scope of the service and modifications
The service includes only what is expressly agreed. Any modification, expansion of scope, additional version, unplanned revision, change of focus, adaptation to new uses, or additional work must be budgeted and approved independently.
4. Uses of the material and associated economic conditions
Budgets and economic conditions are established based on the scope of the project, the necessary resources, the continuity of the professional relationship, and the uses of the material (media, duration, and territory).
Recurring contracts, project continuity or usage limitations may lead, at the discretion of Mad Media SL, to preferential conditions or commercial discounts, without generating any right to equal conditions between different clients or projects.
5. Delivery times and external causes
Delivery times are estimated and may be affected by delays in approvals, changes requested by the client, technical conditions, availability of third parties, weather conditions or cases of force majeure.
In productions conditioned by external factors (events, weather, permits, drone flights, etc.), Mad Media SL does not guarantee specific results beyond its control, committing in any case to act diligently and professionally.
6. Drone flights and special conditions
The execution of drone flights will always be subject to current aviation regulations, the obtaining of necessary permits, and weather and safety conditions.
The inability to carry out flights due to legal, technical or meteorological reasons will not constitute a contractual breach nor will it lead to penalties, adjusting the service as reasonably possible without generating additional costs for Mad Media SL.
7. Usage rights and intellectual property
The audiovisual material produced will remain the property of Mad Media SL until full payment for the services.
Once the total amount has been paid, the usage rights of the material will be transferred to the client in accordance with what has been agreed regarding media, duration and territory.
Unless expressly agreed otherwise, Mad Media SL may use the material for promotional and portfolio purposes.
8. Image rights and third-party rights
The client guarantees that they have all the necessary rights, authorisations, and permissions regarding people, spaces, brands, works, or elements appearing in the material, unless Mad Media SL has been expressly contracted for their management or acquisition.
Mad Media SL will not assume any responsibility for claims arising from the lack of such rights when it has not directly intervened in their hiring, authorisation, or management.
9. Preservation of material
Mad Media SL commits to preserving the original material and final projects for a minimum period of one year from delivery, without this implying an obligation for permanent archiving or a guarantee against losses due to technical causes or force majeure.
10. Cancellations and annulments
In the event of project cancellation by the client, the work effectively carried out up to that date, as well as any expenses already incurred, will be invoiced.
Cancellations arising from weather, legal, or safety causes will be managed reasonably between the parties, prioritising viable solutions without Mad Media SL incurring unforeseen additional costs.
11. Liability
Mad Media SL will not be liable for damages, delays, or breaches arising from causes beyond its control, technical failures of third parties, adverse weather conditions, incorrect information provided by the client, or decisions made by the latter.
12. Objective criteria for delivery compliance
The work will be considered correctly executed and compliant when the delivered material:
- Contains usable visual and/or sound information.
- It should not be blank, completely black, without image or sound when this has been agreed.
- It should not present serious technical defects that prevent its professional use, understood as such, among others, that more than 50% of the material is actually out of focus unintentionally or is objectively unusable.
- It should conform to the agreed format, duration and technical specifications.
The assessment of the work will be carried out exclusively according to these objective criteria, with subjective, creative or personal taste assessments not constituting grounds for invalidating the delivery.
13. Applicable legislation
These conditions are governed by Spanish legislation. For any disputes, the parties submit to the Courts and Tribunals of Madrid, unless there is a mandatory legal provision to the contrary.