Terms & Conditions

All Services offered by Orka Pixels and all Orders confirmed by Clients are subject to these Terms and Conditions. Any variation or exclusion must be expressly agreed in writing between an authorised representative of the Client and Orka Pixels.
Orka Pixels is a creative agency based in the Netherlands and London, established and registered in the Netherlands.

These Terms and Conditions apply exclusively to agreements entered into with businesses and professional clients.

1. DEFINITIONS
Brief: Documents, discussions, creative direction, reference materials and other information provided by the Client setting out the Client's requirements for a Project.
Business Day: A working day other than a Saturday, Sunday or public holiday in the Netherlands.
Cancellation Fee: A charge payable where a confirmed Project or Order is cancelled by the Client.
Change Request: Any change, addition or amendment requested by the Client to the agreed scope, Deliverables, Services, schedule, specifications, formats, territories or other requirements of a confirmed Order.
Charges: The fees, costs and expenses payable by the Client for the Services supplied by Orka Pixels.
Client: The person, company or organisation that places an Order with Orka Pixels.
Confidential Information: Any confidential information, however recorded or preserved, disclosed by either party or its employees, representatives, advisers or contractors, including information that a reasonable business person would consider confidential relating to business, commercial, creative or operational matters.
Deliverables: The content, materials, files or other outputs to be produced and supplied by Orka Pixels as specified in the Order.
Intellectual Property Rights or IP: Copyright, neighbouring rights, database rights, design rights, trademarks, trade names, rights in confidential information, know-how and other intellectual property rights, whether registered or unregistered, including:
Creative IP: Creative concepts, ideas, treatments, scripts, copy, designs, layouts, storyboards, editing concepts, creative strategies and other original creative material developed in connection with the Services.
Background IP: Tools, techniques, workflows, templates, processes, software, systems, know-how and other intellectual property owned, licensed or developed by Orka Pixels independently of the specific Deliverables.
Orka Pixels: The Netherlands-registered business trading as Orka Pixels, including where applicable its employees, freelancers, agents, consultants and subcontractors engaged in providing the Services.
Order: The Client's confirmed instruction to Orka Pixels to provide Services, whether set out in a statement of work, purchase order, Quote / Budget, email or other written confirmation.
Project: The work undertaken by Orka Pixels pursuant to an Order.
Quote / Budget: An estimate of fees, third-party costs, resources and time provided by Orka Pixels in response to a Brief. Once accepted, this forms the basis of the Order, subject to Change Requests and the other provisions of these Terms and Conditions.
Services: The creative, production, post-production and related services provided by Orka Pixels in accordance with an Order.
Third-Party Materials: Any materials, assets, software, fonts, music, stock footage, stock imagery, voice-over, photography or other content owned or supplied by a third party.
VAT: Value added tax or any equivalent sales tax applicable to the Services.
Working Files: Project files and materials used in the creation of Deliverables, including editing project files, design source files, timelines, working graphics, intermediate renders, project structures and other production files that are not expressly specified as Deliverables.

2. INTERPRETATION
2.1 A reference to a person includes a natural person, corporate entity, partnership or other organisation.
2.2 Unless the context requires otherwise, words in the singular include the plural and vice versa.
2.3 Words including "including", "include", "for example" or similar expressions are illustrative and do not limit the meaning of the preceding words.
2.4 A reference to "writing" or "written" includes email and other written electronic communication.
2.5 Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions.

3. ORKA PIXELS SERVICES
3.1 Orka Pixels provides creative, production and post-production services primarily for the entertainment, streaming, broadcast, theatrical, sports and related industries.
3.2 Orka Pixels may provide one or more Services to the Client as specified in the Order.
3.3 Services may include, but are not limited to:
3.3.1 Creative Development and Campaigns
Creative development, ideation, concepts, treatments, scripts, campaign strategy and development of integrated or 360-degree creative campaigns.
3.3.2 Editorial and Post-Production
The receipt, creation, sourcing and editing of audiovisual materials to produce trailers, promos, teasers, TV spots, digital spots, social content, sizzle reels, sales reels, showreels, season recaps, accolades spots, brand films and other audiovisual marketing content.
3.3.3 Design and Key Art
The receipt and use of Client materials, together with originated or appropriately licensed materials, to produce key art, campaign artwork, digital artwork, social assets, out-of-home assets and other still-image marketing materials.
3.3.4 Motion Graphics and VFX
The creation of motion graphics, animation, title treatments, graphic packages, compositing, visual effects and other moving-image design.
3.3.5 Localisation and Versioning
Adaptation and versioning of Deliverables for different territories, languages, platforms, formats, aspect ratios, durations, specifications or media channels, including subtitling, title cards and other localisation requirements where agreed.
3.3.6 Audio, Voice-over and Music
Sound design, audio editing, voice-over recording or management, audio mixing and music sourcing, composition, supervision or clearance where specified in an Order.
Where Orka Pixels sources third-party music, voice-over talent or other licensed materials, the applicable licence, usage, territory and duration shall be agreed with the Client where required.
The Client shall be responsible for complying with the terms of any third-party licence applicable to the Deliverables.
3.3.7 Finishing and Delivery
Online finishing, grading, audio finishing, quality control, mastering, encoding, formatting and delivery of final assets according to agreed specifications.
3.3.8 Production and Shoots
Where agreed, Orka Pixels may provide pre-production, production and management of studio or location-based shoots involving moving image, still photography and/or audio.
3.4 The precise Services and Deliverables for each Project shall be those specified in the applicable Order.
3.5 Orka Pixels shall use reasonable endeavours to meet agreed delivery dates. Unless expressly agreed otherwise in writing, delivery dates are estimates and depend upon the Client providing materials, approvals and feedback within the agreed timeframe.

4. FREELANCERS, CONTRACTORS AND SUBCONTRACTORS
4.1 Orka Pixels operates using a core creative team together with a network of specialist freelancers, contractors and production partners.
4.2 Orka Pixels may appoint suitably qualified freelancers, consultants, suppliers or subcontractors to perform any part of the Services without requiring separate approval from the Client unless otherwise agreed in writing.
4.3 Orka Pixels shall remain responsible for managing those parties in connection with the Services supplied under the Order.

5. RIGHT TO MARKET AND PROMOTE DELIVERABLES
5.1 Unless expressly agreed otherwise in writing, once Deliverables have been officially released or otherwise made available to the public by or on behalf of the Client, Orka Pixels may display and reference those Deliverables for its own promotional purposes.
5.2 This may include use on Orka Pixels' website, portfolio, showreel, pitch decks, credentials presentations, social media channels, award entries and other self-promotional materials.
5.3 Orka Pixels shall not publicly disclose unreleased Deliverables or Confidential Information before their authorised public release without the Client's consent.
5.4 Where a Client notifies Orka Pixels in writing that particular Deliverables are subject to additional confidentiality or publicity restrictions, Orka Pixels shall reasonably comply with those restrictions.

6. CLIENT OBLIGATIONS
6.1 The Client shall, where applicable:
6.1.1 ensure that the Brief, Order, specifications and information supplied to Orka Pixels are complete and accurate;
6.1.2 provide source materials, information, approvals and feedback within the deadlines agreed for the Project;
6.1.3 provide Orka Pixels with appropriate access to all materials reasonably required to perform the Services;
6.1.4 obtain and maintain all licences, permissions, releases and consents required for materials supplied by the Client;
6.1.5 ensure that all applicable territories, media, platforms, duration and other usage requirements are communicated where relevant to licensing;
6.1.6 ensure that any Client-supplied footage, artwork, music, fonts, photography, logos, trademarks and other materials may lawfully be used by Orka Pixels for the Project;
6.1.7 communicate any change in schedule, launch date, delivery specification, creative direction or other circumstance that may affect the Project as soon as reasonably possible.
6.2 If an act or omission by the Client prevents or delays Orka Pixels from performing the Services, Orka Pixels may suspend or reschedule the Services until the relevant issue has been resolved.
6.3 Orka Pixels shall not be responsible for missed deadlines or additional costs caused by late materials, delayed feedback, changed instructions, unavailable assets, technical issues with Client-supplied materials or other acts or omissions of the Client.
6.4 Any additional costs or resources reasonably incurred by Orka Pixels as a result may be charged to the Client.
6.5 The Client is responsible for checking Deliverables for factual, spelling, grammatical, legal, technical and other errors before final approval.
6.6 The Client is responsible for proofreading and copy-checking all Deliverables before publication, broadcast, distribution, printing, manufacturing or other public use.
6.7 Approval by the Client of a Deliverable shall constitute confirmation that the Client accepts the relevant creative content, copy, information and other elements contained in that Deliverable.

7. CLIENT FEEDBACK, REVISIONS AND CREATIVE INTERPRETATION
7.1 Timely review and consolidated feedback from the Client are essential to the delivery of the Services.
7.2 Where applicable, the number of rounds of revisions included within the Charges shall be specified in the Quote / Budget or Order.
7.3 A revision round means one consolidated set of feedback supplied by the Client following presentation of a version of the Deliverables.
7.4 Additional revision rounds, fragmented feedback, changes to previously approved work or changes that fall outside the agreed Brief may be treated as Change Requests and charged additionally.
7.5 Where multiple Client stakeholders are involved, the Client is responsible for consolidating feedback and resolving conflicting instructions before providing feedback to Orka Pixels.
7.6 Creative Services inherently involve professional and artistic interpretation. A subjective difference in creative preference does not, by itself, constitute a failure by Orka Pixels to perform the Services in accordance with the Order.

8. BRIEFS, QUOTES, BUDGETS AND ORDERS
8.1 Before an Order is confirmed, Orka Pixels and the Client may discuss potential Projects and exchange information and materials. These discussions and materials may form part of the Brief.
8.2 The Client is responsible for ensuring that its Brief accurately reflects its requirements.
8.3 Information and materials supplied by the Client during this process shall be treated as Confidential Information where appropriate.
8.4 In response to a Brief, Orka Pixels may provide Quotes / Budgets, creative concepts, treatments, scripts, mood boards, storyboards, designs, presentations or other materials.
8.5 Unless otherwise agreed in writing, all Creative IP contained in speculative proposals, pitches, treatments and other materials prepared by Orka Pixels before an Order is confirmed remains the property of Orka Pixels.
8.6 The Client may not use, reproduce, commission, develop or permit a third party to develop such materials without Orka Pixels' prior written consent.
8.7 A Quote / Budget does not constitute a binding obligation to provide Services until an Order has been confirmed.
8.8 Once an Order has been confirmed, the agreed Charges apply to the scope described in that Order.
8.9 Any addition or change to the agreed scope may constitute a Change Request.
8.10 Orka Pixels may charge additional fees for Change Requests.
8.11 Wherever reasonably practicable, Orka Pixels shall inform the Client of additional Charges before those costs are incurred.
8.12 Additional Charges may include, without limitation:
(a) additional creative development;
(b) additional editing or design;
(c) additional revision rounds;
(d) additional versions, durations, formats or aspect ratios;
(e) localisation;
(f) additional territories or languages;
(g) additional deliverables;
(h) changes to previously approved work;
(i) voice-over, music or talent costs;
(j) stock footage, photography, fonts or other licensed materials;
(k) travel and accommodation;
(l) production or studio costs;
(m) additional freelancer or subcontractor time;
(n) rush, weekend or out-of-hours work where agreed;
(o) transfer or preparation of Working Files; and
(p) additional work caused by Client delays or changes.
8.13 Unless otherwise agreed, the Client shall notify Orka Pixels of any alleged defect or required correction within 10 Business Days following final delivery. After that period, the Deliverables shall be deemed accepted.
8.14 Requests made after acceptance may be treated as additional Services and charged accordingly.

9. PAYMENT TERMS AND CANCELLATION
9.1 The payment schedule applicable to a Project shall be specified in the Quote / Budget, Order or invoice.
9.2 Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date.
9.3 Orka Pixels may require an advance payment, commencement fee, deposit or milestone payment before beginning or continuing Services.
9.4 Where an advance payment is required, Orka Pixels shall not be obliged to commence the Services until payment has been received.
9.5 Charges stated in Quotes / Budgets and Orders are exclusive of VAT and any other applicable taxes unless expressly stated otherwise.
9.6 The Client shall pay any applicable VAT in addition to the agreed Charges.
9.7 If the Client cancels a confirmed Project before work begins, Orka Pixels may charge for any work already undertaken, resources reserved and non-refundable third-party costs or commitments incurred.
9.8 Where a confirmed Project is cancelled between 5 and 1 Business Days before the scheduled commencement date, Orka Pixels may charge a Cancellation Fee of up to 25% of the agreed Project value, together with any expenses, third-party commitments and work already undertaken.
9.9 Where a Project is cancelled on or after the agreed commencement date, Orka Pixels may charge a Cancellation Fee of up to 50% of the agreed Project value, together with any expenses, third-party commitments and Services already performed.
9.10 Where cancellation occurs after a substantial proportion of the Services has already been performed, Orka Pixels may instead invoice the Client for the Services actually performed and costs incurred up to the date of cancellation where that amount exceeds the applicable Cancellation Fee.
9.11 Where a Project is postponed or rescheduled, Orka Pixels will use reasonable endeavours to accommodate the revised schedule. Any additional costs resulting from rescheduling, including reserved freelancer time, production costs, studio bookings, travel or third-party commitments, may be charged to the Client.
9.12 If an invoice is not paid by its due date, Orka Pixels may suspend ongoing Services and withhold further Deliverables until outstanding amounts have been paid.
9.13 Overdue amounts may be subject to the statutory commercial interest applicable under Dutch law together with any reasonable collection costs permitted by law.
9.14 The Client may not withhold, deduct or set off amounts payable to Orka Pixels unless required by applicable law or expressly agreed in writing.

10. COPYRIGHT, INTELLECTUAL PROPERTY AND OWNERSHIP
10.1 Ownership of materials supplied by the Client remains with the Client or the relevant rights holder.
10.2 The Client grants Orka Pixels a non-exclusive, royalty-free licence to use, reproduce, edit, adapt and otherwise process Client-supplied materials to the extent reasonably necessary to perform the Services.
10.3 The Client warrants that it has all necessary rights, licences and permissions required for Orka Pixels to use Client-supplied materials in accordance with the Brief and Order.
10.4 The Client shall be responsible for claims arising from materials supplied by the Client where Orka Pixels has used those materials in accordance with the Client's instructions.
10.5 Subject to full payment of all Charges, the Client shall receive the rights in the final Deliverables expressly agreed in the Order.
10.6 Where the Order provides for assignment of copyright in original final Deliverables created by Orka Pixels, such assignment shall take effect only following full payment of all amounts due in connection with the relevant Project.
10.7 Any Third-Party Materials incorporated into Deliverables remain subject to the licence terms of their respective rights holders and are not transferred beyond the scope of those licences.
10.8 Orka Pixels retains ownership of all Background IP.
10.9 Unless expressly included in the Order, Working Files are not Deliverables and ownership of Working Files remains with Orka Pixels.
10.10 Where Orka Pixels agrees to supply Working Files, an additional fee may apply. The transfer of Working Files does not transfer ownership of Orka Pixels' Background IP, tools, techniques, templates or other proprietary materials contained within them.
10.11 Creative concepts, treatments, scripts, designs, storyboards, strategies and other materials presented but not selected, commissioned or paid for remain the property of Orka Pixels.
10.12 Nothing in these Terms prevents Orka Pixels from using general skills, knowledge, experience, techniques or know-how acquired or developed in the course of providing the Services.

11. THIRD-PARTY MATERIALS AND LICENSING
11.1 Deliverables may incorporate Third-Party Materials including music, fonts, stock footage, photography, voice-over performances, software or other licensed content.
11.2 Where Orka Pixels obtains or facilitates a licence on behalf of the Client, the Client shall comply with the applicable licence terms.
11.3 The Client is responsible for accurately informing Orka Pixels of the required territories, platforms, media, duration and other usage requirements.
11.4 Orka Pixels shall not be responsible for unauthorised use of Third-Party Materials outside the licence scope communicated to or obtained for the Client.
11.5 Additional or extended usage may require additional licence fees.
11.6 Third-party costs may be invoiced separately or included within the Project Charges as specified in the Order.

12. CONFIDENTIALITY
12.1 Each party shall keep the other party's Confidential Information confidential and shall use it only as necessary for the performance of the Project.
12.2 Confidential Information does not include information which:
(a) is or becomes publicly available other than through a breach of these Terms;
(b) was lawfully known to the receiving party before disclosure;
(c) is lawfully received from a third party without confidentiality restrictions; or
(d) the parties agree in writing may be disclosed.
12.3 Each party may disclose Confidential Information to employees, freelancers, professional advisers and subcontractors who reasonably require access to it for the Project, provided appropriate confidentiality obligations apply.
12.4 Confidential Information may also be disclosed where required by law, court order or a competent regulatory authority.
12.5 Orka Pixels shall take reasonable measures to protect unreleased Client materials supplied for a Project.
12.6 The obligations in this clause shall continue after completion or termination of the relevant Project.

13. STORAGE AND PROJECT MATERIALS
13.1 Unless expressly agreed otherwise, Orka Pixels is not required to retain project files, source materials, Working Files or Deliverables indefinitely following completion of a Project.
13.2 The Client is responsible for downloading, storing and backing up final Deliverables following delivery.
13.3 Orka Pixels may archive Project materials for a reasonable period for operational, legal or portfolio purposes but does not guarantee permanent storage or future availability.
13.4 Retrieval, restoration, migration or re-supply of archived Project materials may be charged as an additional Service.

14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
14.2 To the maximum extent permitted by law, Orka Pixels shall not be liable for indirect or consequential losses, including loss of profit, revenue, business, contracts, opportunity, goodwill or anticipated savings.
14.3 Orka Pixels shall not be liable for losses resulting from:
(a) inaccurate or incomplete instructions supplied by the Client;
(b) materials supplied by the Client;
(c) use of Deliverables outside the agreed scope;
(d) third-party platforms, broadcasters, distributors or technical systems;
(e) changes made to Deliverables by the Client or a third party after delivery;
(f) failure by the Client to proofread or approve Deliverables accurately; or
(g) delays caused by the Client or third parties outside Orka Pixels' reasonable control.
14.4 Subject to applicable law, Orka Pixels' total aggregate liability arising from a particular Order shall not exceed the total Charges actually paid to Orka Pixels under that Order.

15. FORCE MAJEURE
15.1 Neither party shall be liable for delay or failure to perform its obligations where caused by circumstances beyond its reasonable control.
15.2 Such circumstances may include, without limitation, natural disasters, extreme weather, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, governmental action, industrial disputes, strikes, power or telecommunications failures, failure of essential equipment or infrastructure, serious technical outages or failure of third-party services outside the affected party's reasonable control.
15.3 Where a force majeure event affects Orka Pixels' ability to perform the Services, Orka Pixels may suspend, reschedule or, where performance becomes impracticable, terminate the affected Services.
15.4 Suspension or termination under this clause shall not affect Orka Pixels' entitlement to payment for Services already performed and costs already incurred.

16. TERMINATION AND SUSPENSION
16.1 Orka Pixels may suspend Services where the Client:
(a) fails to pay an invoice when due;
(b) materially breaches an Order or these Terms and Conditions;
(c) repeatedly fails to provide information, materials, feedback or approvals required for the Project; or
(d) otherwise prevents Orka Pixels from reasonably performing the Services.
16.2 Where reasonably possible, Orka Pixels shall give the Client an opportunity to remedy a material breach before terminating an Order.
16.3 Termination shall not affect rights or obligations accrued before termination.
16.4 Upon termination, all Charges for Services performed and costs incurred or committed up to the termination date shall become payable.

17. ASSIGNMENT
17.1 The Client may not assign or transfer its rights or obligations under an Order without Orka Pixels' prior written consent.
17.2 Nothing in this clause prevents Orka Pixels from appointing freelancers, contractors, suppliers or subcontractors in accordance with clause 4.

18. ENTIRE AGREEMENT
18.1 These Terms and Conditions together with the applicable Order constitute the agreement between Orka Pixels and the Client in relation to the relevant Project.
18.2 Where there is a conflict between these Terms and Conditions and a specifically negotiated written agreement or Order signed or expressly accepted by both parties, the specifically agreed terms shall prevail to the extent of that conflict.
18.3 If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary or, where that is not possible, treated as deleted. The remaining provisions shall continue in full force.
18.4 Failure by either party to exercise a right under these Terms and Conditions shall not constitute a waiver of that right.

19. NOTICES
19.1 Notices relating to an Order or these Terms and Conditions shall be made in writing.
19.2 Email shall constitute written notice for the purposes of these Terms and Conditions.
19.3 Notices sent by email shall be treated as received when successfully delivered to the recipient's designated business email address, unless the sender receives notification that delivery has failed.

20. GOVERNING LAW AND JURISDICTION
20.1 These Terms and Conditions and all Orders entered into with Orka Pixels shall be governed by the laws of the Netherlands.
20.2 Any dispute arising out of or in connection with these Terms and Conditions, an Order or the Services shall be subject to the jurisdiction of the competent courts in the Netherlands, unless the parties expressly agree otherwise in writing.

21. CHANGES TO THESE TERMS
21.1 Orka Pixels may update these Terms and Conditions from time to time.
21.2 The version applicable to a Project shall be the version provided or otherwise made available to the Client at the time the relevant Order is entered into, unless the parties subsequently agree otherwise in writing.

Last updated: October 2026