Terms & Conditions

These terms apply to work MediaScaleUp does for you. They are deliberately short and specific. Where a signed contract or a statement of work says something different, that document wins.

1. What counts as an agreement

We quote in writing. Work begins when you accept a quote in writing — an email saying yes is enough. Nothing is charged before that point, and a free trial never creates an obligation to buy.

2. Scope and revisions

Every quote states what is included and what is delivered. Revisions against the brief we quoted on are included and not billed separately — if the result does not match what you asked for, fixing it is our job.

If the brief itself changes, we will tell you before doing the work and re-quote. We will not absorb a changed brief silently and we will not bill you for one without asking.

3. What we need from you

We need usable source files and a brief specific enough to work from. Turnaround starts when we have both. If a shoot is missing an exposure the job needs — inside-neck shots for ghost mannequin, for example — we will tell you rather than guessing.

4. Turnaround

Turnaround is stated in the quote and runs in working hours unless we agree otherwise. If we are going to miss it we will tell you before the deadline, not after.

5. Ownership

You own the output. On full payment, all rights in the delivered work transfer to you. You keep all rights in the source material you supply; nothing in these terms gives us any claim over it.

We retain no right to use your work as portfolio material unless you agree in writing. This is a deliberate default and it does not change unless you change it.

6. Confidentiality

We treat your files and your brief as confidential. We will sign your NDA if you have one. If you do not, these terms serve as one: we will not disclose your material to anyone outside the team working on it.

7. Payment

Prices are quoted in USD and exclude VAT and other applicable taxes. Unless the quote says otherwise, invoices are due 14 days from issue. Ongoing retainers are invoiced monthly in advance.

For a first project we may ask for payment in advance or a deposit. We will say so in the quote rather than after you have accepted it.

Late payment may attract statutory interest. We would always rather have a conversation than apply it.

8. Cancellation

You may cancel work in progress at any time. You pay for what has been completed up to that point, and we deliver it. See our Refund Policy for how that is calculated.

9. Our liability

We are liable for our own work. If we deliver something that does not meet the agreed brief, we will fix it or refund it.

We are not liable for indirect or consequential loss — lost profit, lost data you had no other copy of, or business interruption — and our total liability for any project is limited to the amount you paid us for it. Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

10. Content you supply

You confirm that you have the right to send us the material you send, and that our working on it will not infringe anyone's rights. We will refuse work that appears unlawful, and we will tell you why.

11. Subcontracting

We may use vetted subcontractors under the same confidentiality obligations we accept ourselves. We remain responsible to you for the work.

12. Changes to these terms

We may update these terms. The version that applies to your project is the one in force when your quote was accepted.

13. Governing law

These terms are governed by the laws of Bangladesh, and the courts there have jurisdiction — unless a signed agreement between us says otherwise.

Who owns the work

You do, and it is written down rather than assumed. On full payment, we assign to you all rights in the deliverables we create for you, including the source and working files.

This matters more in the United States than most buyers realize. Under US copyright law, work created by an independent contractor generally belongs to the contractor unless there is a written assignment, or it falls inside one of the narrow statutory "work made for hire" categories — which most creative and technical services do not. A supplier who says "of course you own it" and puts nothing in writing has given you an opinion, not a right. This clause is the written assignment.

Three carve-outs, stated plainly because a carve-out nobody mentions is the one that causes an argument:

• Our pre-existing tools. Generic scripts, presets, components and know-how we had before your project stay ours. You get a perpetual, worldwide, royalty-free license to use them as part of your deliverables — you simply do not get exclusivity over a tool we use on every job.
• Third-party material. Fonts, stock, music and libraries are licensed to you under their own terms, not assigned. We will tell you what is in a deliverable and what each license permits, before delivery rather than after.
• Portfolio use. We do not publish your work as portfolio material without your written permission. That is a separate decision from hiring us, and saying no to it costs you nothing.

What you are promising us

Briefly: that you have the right to give us what you give us. You confirm that you own or are licensed to use the material you send, that our using it as instructed will not infringe anybody else's rights, and that you have any releases and permissions the work needs — model releases, property releases, and the rest.

We are not in a position to verify the provenance of a file you send us, which is why this sits with you. If a third party makes a claim arising from material you supplied, you agree to cover our reasonable costs in dealing with it.

What we are promising you

That the work will be performed with reasonable skill and care, by people competent to do it, to the specification agreed in writing. If it is not, tell us and we will fix it — see the refund policy, which sets out what happens and in what order.

What we do not promise is a business outcome. Nobody can honestly guarantee a ranking, a conversion rate, a revenue figure or an approval from a third-party platform, and a supplier who does is either mistaken or selling you something. We will tell you what we expect and what it depends on, and we will show you the evidence behind it.

Revisions, scope and change

Each quote names the number of revision rounds included and what a round is. A revision is a change within the agreed brief. A change to the brief itself is new work, and we will quote it before doing it rather than after. Nobody enjoys a variation invoice that arrives unannounced, least of all the person who has to explain it internally.

Acceptable use

We will not knowingly produce material that is unlawful, that infringes somebody else's rights, that makes a claim we know to be false, or that is designed to deceive. That includes retouching that misrepresents a product in advertising, fabricated reviews or testimonials, and interface patterns intended to trick somebody into a purchase or out of a cancellation. The US Federal Trade Commission treats all three as enforcement matters and the liability lands on the advertiser, so this clause protects you as much as it protects us.

Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that: neither party is liable to the other for indirect or consequential loss, loss of profit, loss of anticipated savings, or loss of data. Our total liability arising out of an engagement is limited to the fees paid to us for that engagement in the twelve months before the claim. That is a normal position for professional services at this scale, and if your procurement process needs a different one, say so at quoting stage where it can be priced rather than at signature where it cannot.

Termination

Either party may end an engagement on written notice. If you end it, you pay for work done and committed up to that point, and we hand over everything produced so far in editable form. If we end it other than for non-payment or a breach of the acceptable use clause above, we refund anything paid for work not yet done. Nobody is held hostage in either direction.

Governing law and disputes

These terms are governed by the law of Bangladesh, and the courts there have exclusive jurisdiction. It is stated in one place in our configuration rather than written into the document, because a governing-law clause that does not match where the company is actually established is a fiction a procurement lawyer spots immediately.

In practice this matters less than it reads. Before either of us goes near a court, we agree to a straightforward escalation: raise it in writing, give the other side fifteen business days to respond, and then, if it is still unresolved, attempt mediation before issuing proceedings. Most disagreements in this industry are about what "done" meant, and those are resolved by reading the scope document together rather than by litigating.

Nothing here prevents a US client from exercising any right that is unwaivable under the law of their own state, including any right to bring a small claim locally.

The boring but necessary clauses

• Entire agreement. The quote, the scope document and these terms are the whole of what was agreed. Something said in a call is not a term unless it is written down.
• Severability. If a court finds one clause unenforceable, the rest stands.
• No waiver. Not enforcing something once does not mean giving it up.
• Assignment. Neither party may assign the agreement without the other's consent, except to a successor of the whole business.
• Force majeure. Neither party is liable for delay caused by something genuinely outside its control. This is not a clause for covering an ordinary missed deadline, and we will not use it as one.
• Notices. Email is fine, to the addresses on the engagement, and is effective when acknowledged rather than when sent.
• Independent contractor. We are a supplier, not an employee, partner or agent, and nothing here creates any of those relationships.