General
These Conditions of Service apply to all engagements undertaken by the Company and to all professional services ("the services") provided by the Company to any person, firm, or company (the Customer). They shall override any differing terms included in any order or contract proposed by the Customer.
All services rendered by the Company shall be deemed to be provided under a contract incorporating these Conditions of Service and shall be interpreted under English law, regardless of the Customer's location.
If any part of these Conditions is found to be unenforceable under the Unfair Contract Terms legislation, the remaining provisions will continue in full force and effect.
These Conditions represent the entire agreement between the Company and the Customer. The Customer acknowledges that it has not entered into the agreement based on any verbal or written representation not contained herein.
Specific
- Orders and Prepayment
All engagements for services shall be confirmed in writing by the Company. Unless otherwise agreed, the Company may require full or partial payment prior to commencing services. Failure to make such prepayment shall release the Company from any obligation to provide services.
- Pricing and Urgency
Quoted prices for services are subject to change prior to the agreed start date. If expedited timelines are requested, the Company may charge additional fees for out-of-hours work, which the Customer agrees to pay.
- Tax and Charges
All prices are exclusive of VAT and applicable charges. These will be added to the invoice and must be paid as part of the total amount due.
- Payment Terms
Invoices are payable no later than 30 days after the date services are rendered, unless otherwise agreed. Late payments will incur interest at 2% per month, calculated daily.
- Invoices are payable no later than 30 days after the date services are rendered, unless otherwise agreed. Late payments from business Customers may incur interest at 8% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. For consumers, a rate of 2% per month may apply unless otherwise prohibited by law.
- Ownership and Risk
Ownership of any deliverables created during service provision remains with the Company until full payment is made. Risk in terms of intellectual property use or reliance by the Customer transfers upon delivery of such work.
- Service Substitution or Shortfall
If the Company is unable to deliver a specific agreed service, it may, at its discretion, either cancel the engagement or propose an equivalent alternative. The Company will not be liable for such substitution.
- Liability
The Company accepts no responsibility for loss or damage arising from the use or reliance on services rendered unless caused by proven negligence. Any such liability will be limited to the value of the specific service provided.
- Nothing in these Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence or for fraud. For all other losses, the Company’s liability shall be limited to the amount paid for the specific service rendered, unless otherwise required by law. Where applicable, services will be performed with reasonable care and skill as required under the Consumer Rights Act 2015.
- Delays and Timelines
While the Company will aim to meet agreed timelines, no liability will be accepted for delays caused by external factors or events beyond the Company's control.
- Right to Refuse Engagements
The Company reserves the right to decline any service engagement without obligation, in which case the Customer shall have no claim for loss or damages.
- Minimum Engagement Fees
The Company may set a minimum project fee and reserves the right to require commitments to minimum service quantities or durations.
- Returns and Refunds
Professional services are not offered on a return or trial basis. Refunds will only be provided if services are proven to be materially defective and unusable. Approved cancellations may incur administrative charges.
- Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its control, including but not limited to third-party failures, power outages, or acts of nature.
- Discounts and Retentions
Discounts must be agreed in writing. If invoices with discounts are not paid on time, those discounts shall be forfeited. Retentions are not permitted unless explicitly agreed. If unapproved retentions are imposed, the full invoiced amount becomes immediately due.
- Preliminary Materials
The Company may provide drafts, planning documents, or mock-ups based on client inputs. The accuracy and suitability of this information remain the Customer's responsibility.
- Cancellation and Non-Acceptance
Once placed, service orders may not be cancelled unless the Company agrees in writing. If services are ready but not accepted within 30 days, the Company may issue an invoice and charge storage or administrative fees. An optional 10-day grace period may apply for cancellations, subject to a £50 administration fee.
- Variations
Orders cannot be varied without written agreement. Additional work or changes will be billed separately.
Consumer Rights and Remedies
Where the Customer is a 'consumer' as defined under the Consumer Rights Act 2015, these Conditions shall not override any statutory rights afforded to them. Services will be performed with reasonable care and skill as required under the Act. For digital services, remedies such as repair, repeat performance, or a price reduction may apply.
Consumer Cancellation Rights
Where the Customer is a consumer purchasing services online or off-premises, they are entitled to cancel the contract within 14 days of confirmation, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Cancellation must be communicated in writing. If services begin within this period at the Customer’s request, charges may still apply.
Data Protection
The Company will process all personal data in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). For more details, please refer to our Privacy Policy.