Standard Terms & Conditions
Effective from 01/01/2017
‘The Company’ is Shift Creative Ltd trading as BLIINK.
‘The Client’ means the party (or person acting on their behalf) with which the Company enters a contract.
PO = Purchase Order
VAT = UK Value Added Tax
- All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate.
- All estimated prices quoted, both written and verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
- A purchase order (preferably with a PO number and project value) will need to be raised for the full quoted and agreed amount before work can commence on any job. A separate PO may need to be raised for any extras such as a distribution, storage, deliveries or mailing.
- All work is billed either in advance, monthly, completion of project stage, or the relevant daily rate as previously agreed.
- Where there is a change of scope from the agreed base/brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
- All projects are planned to a pre-agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines and may incur additional costs. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may also incur additional costs.
- Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
- Any new client may be requested to pay the full amount, or part thereof, plus VAT in advance of commencement as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days net after the date of Invoice (unless a previously signed agreement to the contrary exists). The Company reserves the right to make a surcharge of 2% above current Bank of England base rate per month interest to accounts that are not paid within these terms. Client credit screening may affect any subsequent credit agreements and may incur charges.
- Once a client has agreed to the Company’s current Terms and Conditions for a credit account with the company, BLIINK shall invoice in stages e.g. Phase 1 Conceptual Design, Phase 2 Detailed Design and Design Development etc. The Client will make the payment upon stage completion unless exceptional terms have been agreed with the Client in advance.
- BLIINK reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more. Staged invoicing will occur at this point.
- In good faith, BLIINK would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
- Disbursements on behalf of any client may result in a request for payment in advance from the Client.
- All creative work produced and devised during a project(s), whether creative, digital, software, product and all related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared.
- Unless otherwise agreed all source files and means of production for unique content will remain the property of the Company. Supply of source files to the Client may be subsequently requested and agreed via a distinct agreement and will incur extra charges. If source files are requested by the Client prior to or at the start of a project, the Company will advise the Client of possible additional costs.
- Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
- It is the responsibility of the Client that all materials (including, but not limited to images – photographs, diagrams or illustrations, the clients’ own and third party logos as well as intellectual property in other media) supplied to BLIINK by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. BLIINK will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
- The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out ‘indirectly’ by the Company.
- As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
- Advice of any loss, quality or file corruption issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
- In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, and deadline), without such information, no disputes will be entered into.
- Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
- The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
- It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
- If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that BLIINK judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.
- The minimum cancellation fee will be 25% of the estimated total cost for the project.
- The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client prior to the commencement of work.
- Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.
- The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
- The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services.
- Contact Information. If you have any questions about this Agreement, you may contact us here.
© Shift Creative Ltd. 2017.