These terms were last updated in February 2018 (version 1.2.2) and as such supersede any previous agreements that may exist.
These terms in the main pertain to the following services: -
- Marketing & Strategy (to include digital brochures, business card and letter head designs)
- Web Design (to include logo design)
- Social Media
All other services provided by us have their own specific terms and will be discussed and agreed prior to any engagement.
Please do note however, the payment terms section below is relevant to all services provided and should be read in full.
If you feel you have genuine reason to query any element of service delivered to you as a (paying) client, to the point you would like to make a formal complaint, please follow the procedure as stated in our Complaints Procedure. Please note that this does not remove you the client from settling any outstanding payments due, nor will it stop you incurring potentially additional costs as detailed within our payment terms below.
OUR BUSINESS PHILOSOPHY & APPROACH
Our approach is to work in collaboration with our clients to ensure we have a clear understanding of your business objectives and ultimately how best we can assist in achieving these objectives, through the delivery of a tailored solution(s). It is however, the responsibility of you the client to provide a clear, concise and specific a brief as possible, as ultimately you possess the greater understanding of your business needs and commercial objectives.
Our approach will always be to meet with you the client, as often seeing first-hand the environment in which you operate provides valuable insight and will aid us in the delivery of our solution(s).
Having met, we will prepare an outline brief document, which will make clear our understanding of your requirements and the steps in which we will take (for our part) in assisting you in achieving your business and commercial objectives.
It is common place for this outline brief document to undergo some amendment to ensure a water tight brief is established in readiness for the project to commence and to finally become the confirmed brief document.
It is imperative that you the client read and agree to our terms of business as detailed below as upon engaging us, these terms will become fully enforceable.
All projects require a 50% engagement fee to be paid, with the final balance payment upon delivery of the project as detailed in the confirmed brief document.
Final balance payments are to be received within 7 days of the project delivery - please see the section titled payment terms.
In entering a business relationship with us, you the client hereby agree and consent to the terms and conditions below relating to all projects as stated above and/ or other services which, whilst will have their own terms utilise the same payment terms as detailed below.
TIMELINE AND PROJECT DELIVERY
In confirming a brief document with you the client, we will provide a timeline for the overall project. In situations whereby, we are experiencing increased activity and higher demands upon our time, we reserve the right to reschedule your project and will inform you accordingly. Initial concept designs, strategies and content will be provided to you the client for your perusal and comment.
Upon receiving feedback from you the client, we will revise the designs, strategies and content and provide amended versions of the same for further review within the agreed timelines and based upon the specific conditions of our agreement with you the client. To deliver the project within the agreed timeline set out, it is imperative that you the client respond in a timely fashion, as failure to do so could cause project delays and potentially additional cost. Upon a design, strategy and/ or content being agreed by you the client, you hereby agree to have any final balance payment made within 7 days of the project being delivered and upon receipt, we will provide your designs, strategy and/ or content to you in the agreed format and without any further claim on its title. Until the final balance payment is made, you the client are reminded that the design, strategy and/ or content remains our property and cannot be used in full and/ or part nor replicated in any manner whatsoever by you the client and/or a third party.
COPYRIGHT & TRADEMARK PROTECTION
You the client confirm that any information, detail, graphical element provided by you to form part of the design, strategy and/ or content does not infringe on any other copyright or trademark already registered (and current) and that you the client hereby agrees to protect us fully from any dispute, claim or legal ramifications that may arise through the information provided by you the client.
At all times we make every effort to produce original designs, content and artwork however, in the unlikely event that any design, content or artwork created does infringe on an existing copyright or trademark, we cannot and will not be held liable in this regard and we would only be limited to refunding any payment on account received from you the client relating to that specific project. We further confirm that we will not undertake any searches of any nature in checking the legal validity of any design, content or artwork created and provided to you the client as this remains entirely the responsibility of you the client. Further, should you wish to trademark and copyright any design, this again is for you the client to obtain and for your account.
Upon receipt of the final balance payment, we will release any claim or title to the final design, strategy, content or artwork agreed by you the client and as such we will not be liable in anyway whatsoever for the same beyond this point. We do retain the title to any variations of the final design and are also at liberty to display/ utilise the final design and/ or variations in any promotional and marketing material from time to time.
AMENDMENTS & REVISIONS
We will only act upon documented requests from you the client for any revisions required and in line with the confirmed brief document and whilst verbal conversations will be had, these must be followed up in writing using a known email address for you the client. Any additional revision outside of the confirmed brief document will be charged at an agreed hourly rate or a project fee.
We will agree as part of the initial project discussions and confirm within the confirmed brief document the number of iterations to be allowed within the project, meaning any further iterations outside of this are liable for charge and you the client unequivocally accept this. It remains totally at our discretion whether we provide additional revisions at no cost to you the client.
THIRD PARTY ENGAGEMENT
We are familiar and regularly engage with third parties in the day to day delivery of client projects however, in doing so we will not engage in anything other than providing designs, strategy, content or artwork confirmed by you the client as acceptable and as such have no responsibility surrounding pricing and/ or agreed deliverable relative to any third-party business you the client may choose to engage.
Further, we will not be held liable for any third party failing to deliver to you the client as agreed covering but not limited to delivery, timescales, product quality, availability, printing errors, damage incurred due to shipping and any other unforeseen scenario that may arise.
We provide professional services to you the client and will always endeavour to produce authentic design, content, strategies and artwork based on the confirmed document brief agreed by you the client. As mentioned our payment terms require 50% upon engagement (non-refundable) with the final balance payment upon delivery of the project. A project will not commence without the 50% engagement fee paid and the final balance payment must be paid within 7 days of the project being delivered/ completed as per the confirmed document brief. A refund (not to exceed the monies paid by you the client) would only become payable based upon any copyright or trademark infringement as detailed above.
Unless otherwise agreed in writing with you the client, any invoices that remain unpaid and go beyond our standard 7 day payment term are liable to additional interest at 6% on the outstanding balance, as well as a £40 administrative charge.
Any non payment that exceeds 30 days (we reserve the right to instruct inside of 30 days should we deem it appropriate) and without reasonable effort shown by you the client to remedy the situation (at our discretion) we may decide to instruct the services of a debt collections agency and in doing so any associated costs incurred will be added to any outstanding balance in addition to the accrued interest at 6% as mentioned above and the £40 administration charge.
If at any point you are experiencing issues in settling an invoice(s), please do communicate this as we would much rather work with you in finding a solution for payment, rather than having to take potentially unnecessary action that can result in increased costs and the loss of a business relationship, which is something we should both consider being far more important.
PLEASE NOTE WE NO LONGER ACCEPT PAYMENT BY CHEQUE