Terms and Conditions

Fifth Wall Terms and Conditions 


These terms and conditions (“the Terms”) govern every contract made between Fifth Wall VFX Limited (“Fifth Wall”) for the supply of services by Fifth Wall to any person, firm or company (“the Client.”)

You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (“the Contract”) are the entire agreement between us.

The Terms prevail over any written terms and conditions of the client. Any variation to the Terms must be agreed upon in writing by a Director of Fifth Wall.

All contracts between Fifth Wall and the Client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.


A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.

Force Majeure” any cause beyond Fifth Wall’s reasonable control. Causes include, but are not limited to: industrial action, pandemic, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, loss of power supply, breakdown of machinery, governmental restrictions, strike lock-out or trade dispute (whether involving its own employees or those of any other person.)

Working Files” means any master working materials created, provided and retained by Fifth Wall.  For example (but not limited to) Maya, Houdini, After Effects project files.

Deliverables” means any materials produced by Fifth Wall for the Client as a result of the Services, including any data or other information provided by Fifth Wall but excluding any Working Files.

The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.


Fifth Wall warrants that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects.

Fifth Wall will use reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, turnaround times which are quoted when booking the job are target times only and Fifth Wall accepts no liability for failure to meet these times.

Client Obligations

The Client must obtain any permissions, consents, licences or otherwise that Fifth Wall needs and must give Fifth Wall access to any and all relevant information, materials, properties and any other matters which are needed to provide the Services.  If these are not received, Fifth Wall can terminate the Contract.

Fifth Wall are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section

Quotations and Ordering

All quotations given by Fifth Wall will be valid for 30 days from the date of the quotation.

If the Client’s final order changes from the original specification made for the quotation, Fifth Wall reserves the right to vary the quotation in accordance with the required changes.

Orders for work must be confirmed in writing to Fifth Wall by the Client.

If Fifth Wall accepts a verbal order from the Client, then Fifth Wall will not be held responsible for any mistakes (made by either party) arising from a verbal order. Fifth Wall reserves the right to refuse to accept any order.

If work is rejected by the Client based on style or composition, all agreed fees for the contract will remain applicable in full.

Price and Payment

The Client will pay Fifth Wall the price agreed upon when booking the job, as well as any additional costs agreed upon during the project, plus VAT at the current rate.

Where extra expenses or time are incurred by Fifth Wall as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall approve and be liable to pay such extra expenses or fees in addition to the expenses shown in the quotation provided as having been agreed or estimated.

Invoices from Fifth Wall to the Client for the supply of services should be paid in full within 30 days of the date of the invoice by cheque or BACS transfer unless previously agreed in writing.

The Client must contact Fifth Wall with any queries concerning an invoice within 30 days of the date of the invoice.

If the invoice is not paid in full within 30 days, Fifth Wall reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the late payment is made.

The Client will pay the full amount in the correct currency on the invoice. The Client shall be responsible for all customs and other duties and all related costs and expenses payable on any international transaction.

The client will pay Fifth Wall any expenses incurred by Fifth Wall in connection with the recovery of monies outstanding (including legal costs on an indemnity basis.)

Fifth Wall reserves the right to charge a “rush fee”, with the consent of the Client when circumstances deem it necessary.

Fifth Wall may, at the Client’s request, invoice a third party.  However, should Fifth Wall not receive full payment from the third party billing details supplied by the Client within Fifth Wall’s credit terms, then Fifth Wall will be entitled to invoice the Client directly for the Services undertaken.

Cancellation Fee

Should any work be placed on hold or cancelled for any reason outside of our control or by the request of the client, Fifth Wall reserves the right to charge a percentage for any work that has already commenced. Such charges are based on the project’s complexity and the stage of being paused or cancelled.

New and International Clients

Fifth Wall reserves the right to request an upfront payment for a percentage of the quote from all New and International clients prior to work commencing.

Copyright and Moral Rights

Fifth Wall claims no copyright in material submitted to Fifth Wall by virtue of work undertaken by Fifth Wall on behalf of the Client.

The Client warrants that the Client owns or controls all rights and obtains all copyrights, or has permissions, consents and waivers that are now and hereafter required for all copying, processing, printing, and manipulation to be undertaken by Fifth Wall.

The Client also warrants that no copyright or moral rights will be infringed by Fifth Wall carrying out the requested work.

The Client agrees to indemnify Fifth Wall against all losses, damages, claims or expenses which Fifth Wall may incur by virtue of any breach of the above warranties.

Any Fifth Wall Assets, Working Files and Final Deliverables shall belong to Fifth Wall and for the avoidance of doubt, Fifth Wall will not release Assets or Working Files at any point.


Unless the Client specifically requests otherwise ahead of a project commencing, Fifth Wall retains the right in all cases to use the project assets in any manner at any time and in any part of the world for promoting Fifth Wall’s services. (This may include on the website, social media channels and other public relations or marketing purposes.)  The release date of the project should be supplied by the Client to ensure this is effectively managed.

Client Confidentiality

Fifth Wall will keep confidential and will not disclose information communicated in confidence for the purposes of the project, save as may be reasonably necessary to enable Fifth Wall to carry out obligations concerning the commission.

Warranties and Liability

Fifth Wall shall have no liability to the Client for any loss, damage, costs, expenses or any other claims for compensation, arising from any Client Input Material or instruction supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival on non-arrival, or any other fault of the Client.

The Client shall, at its own expense, retain duplicate copies of all Client Input Material and insure against its accidental loss or damage by the Client, Fifth Wall or otherwise. Fifth Wall shall have no liability for any such loss or damage, however caused, or for any loss, damage, theft or destruction of Client Input Material.

All Deliverables shall be at the sole risk of the Client from the time of delivery to, or to the order of, the Client and, whilst archiving of finished jobs does routinely take place at Fifth Wall, Fifth Wall accepts no responsibility for Deliverables, including Working Assets, once delivery has taken place. It is the Client’s sole responsibility to ensure that adequate care, provision and insurance of backups of Client Input Materials and Deliverables are maintained.

Fifth Wall will only be responsible for archiving completed projects for up to three months after completion. It is the responsibility of the client to ensure they have copies of the final deliverables.

The entire liability of Fifth Wall to the Client and/or any other third party under or in connection with any Contract is limited to the total amount of Fees payable by the Client under the Contract.

If the Client does not consider that Fifth Wall’s limit of liability sufficient to protect its interests, the Client should contact Fifth Wall, to discuss whether it is able to amend the limit and/or increase its insurance cover accordingly. The Client accepts that Fifth Wall shall be entitled to charge the Client, and the Client shall pay an additional fee for accepting any different limit if Fifth Wall agrees to do so.

Fifth Wall shall not be liable to the Client, or be deemed to be in breach of the Contract, by reason of any delay in performing, or any failure to perform, any of the Direct Services, if the delay or failure was due to any event of Force Majeure. Should any such event of Force Majeure occur for longer than six weeks Fifth Wall may cancel or suspend the Contract without incurring any liability for any loss or damage thereby occasioned.

Fifth Wall will not be liable for any loss or damage to the Client or any other party including loss of income and it is the Client’s responsibility to insure against such loss and damage.

Whilst every possible care is taken with your material, we do not accept any liability beyond the cost of replacing the raw material, whether as a result of negligence by Fifth Wall, its employees, agents,  sub-contractors or otherwise.

Clients are advised to arrange their insurance for the material of substantial value.


Fifth Wall can terminate the provision of the Services immediately if The Client:

  1. commits a material breach of obligations under these Terms and Conditions; or
  2. fails to make pay any amount due under the Contract on the due date for payment; or
  3. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
  4. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors.

Upon the termination of the Contract for whatever reason, all Charges for the Services carried out up until the date of termination shall become immediately due and payable by the Client to Fifth Wall.


Fifth Wall VFX Ltd.

Company No: 09904795
VAT No: 239 4682 73

Registered Office:  Brewmaster House, The Maltings, St Albans, Hertfordshire, AL1 3HT