The fine print
I don’t know about you but we really like surprises, but only nice ones. Please read these details carefully, especially the bit about you providing free KitKats at every meeting, failing that, we do like a Twix.
Terms and Conditions of Trading
1a. These are the terms and conditions of G1 Creative Ltd, trading as G1 Creative.
1b. The following terms and conditions apply to all working relationships between G1 Creative and its ‘clients’, or buyers of its time and or services.
1c. The term ‘work’ constitutes all, and any, time or forms of creative, design, digital or visual communications service supplied by G1 Creative, this also includes any ‘third-party’ or sub-contracted services, and or, materials and expenses incurred whilst in the process of producing said ‘work’.
2a. Before the commencement of any form of ‘work’ or research G1 Creative will issue a written Estimate which the ‘client’ must sign, address, date and return. G1 Creative will not proceed with any ‘work’ until this has been returned. All Estimates supplied are meant as a working guide only, and all time spent on a project over and above the estimated total will be charged-out at our current hourly rate as ‘additional time’ and/or materials/expenses.
3a. The Estimate will be based on the number of hours it would reasonably be expected to undertake the ‘client’s’ ‘work’. The Estimate will also contain the costs of any third-party (sub-contracted) work which will be requested by the ‘client’ or deemed necessary by G1 Creative to fulfil the ‘work’.
3b. Such ‘additional time’ refers to all or any form of ‘client’s’ amendments outside the allowed and estimated time-scale, ‘client’s’ errors, delays and changes from original brief.
3c. On acceptance of the Estimate, all new ‘clients’ will be required to pay a 25% Deposit (including vat where applicable) prior to the commencement of any work. Work will not commence until BACs or cheques have been cleared by G1 Creative’s bank.
3d. Where third-party services are commissioned (for example, print services, copy writing, web development etc) G1 Creative will add/charge a minimum 15% handling fee (plus VAT where applicable) which will be payable by the ‘client’.
4a. Where specific time-scales are required by the ‘client’, G1 Creative will endeavour to make every effort to meet the dates, but in the event of G1 Creative being unable to meet these dates G1 Creative accept no liability.
5a. Payment of invoices must be within 14 days of the invoice date. If payment has not been received within the 14 day period G1 Creative will charge interest on the arrears and thereafter each month until the full payment has been made.
5b. Where third-party services are purchased by G1 Creative, on behalf of the ‘client’, or as part of a ‘clients’ ‘work’, and an upfront payment for those services is required, G1 Creative will invoice the ‘client’ at any point within the project time-scale to cover the cost of the upfront expenses, these invoices will require immediate payment by the ‘client’.
5c. Where G1 Creative has sourced and supplied stock library photographs or illustrations the costs will be for a single, one time, use only and will be charged for for each subsequent use.
6a. G1 Creative reserves the right, at any time, to terminate any commitments to the ‘client’ in the event of the ‘client’: breaking any of the statements/obligations within these terms and conditions; If the ‘client’ significantly changes, delays or puts on-hold the project for a period deemed unreasonable by G1 Creative, for any reason whatsoever.
6b. In the event of ‘work’ being terminated, at any stage, by either G1 Creative or the ‘client’ G1 Creative reserves the right to issue an invoice to the ‘client’ for the ‘work’ completed and for any ‘third-party’ services or materials purchased in connection with the project.
7a. All ‘work’ created, developed and supplied by G1 Creative, it’s directors and staff will remain the copyright and intellectual property of G1 Creative Ltd. Only on the completion and payment of each project will the ‘client’ have the right, known as licence, to use the ‘work’, and only for the use it was intended. No ‘work’ shall be used by the ‘client’ for resale unless previously agreed by G1 Creative in connection with the ‘client’s’ brief and G1 Creative agreed estimate.
7b. The ‘client’ must agree that, any and all, ‘work’ supplied to G1 Creative by the ‘client’ must be supplied under the strict understanding that it must be wholly owned by, licenced to, or held fully under copyright of the ‘client’. If in the event of any claims being raised against G1 Creative in respect of material supplied, the ‘client’ will compensate G1 Creative for the full costs, damages, legal actions or expenses incurred.
7c. In the event of ‘work’ being terminated by G1 Creative or the ‘client’, at any time, the ‘client’ has no rights to use, exploit, distribute, copy or amend any ‘work’ created by G1 Creative.
7d. Where G1 Creative has sourced and supplied stock library photographs or illustrations the copyright shall main the property of the creator unless royalty-free images have been supplied, also see 5c.
8. Design Credit:
8a. G1 Creative assert the right to be credited and identified with the creation of the ‘work’ in all publicity materials, PR or publications.
9a. Where possible G1 Creative will supply either paper, printer’s own or digital (PDF) proofs for client’s approval. G1 Creative will accept no responsibility or financial liability, for any errors not corrected by the ‘client’ at the time of proof checking. Any reprinting required as a result of any errors missed by the client will be charged to the client.
9b. While G1 Creative will make every effort to ensure colour accuracy of all printed ‘work’ undertake by their suppliers, they will not be held responsible of any variations in colour consistency or substrates over and above what G1 Creative deems to be an acceptable variation.