Terms and Conditions

The Legal Stuff

Please take time to read through this information thoroughly — it is vital that you, “The Client”, fully understand these terms and conditions and their implications before you commence any project with us. Please also note that, from time to time, we may need to make alterations without notice. We like to keep things simple — please contact us if you do not understand anything within the following.

1 Payment Terms

To help promote courtesy and goodwill, the fee, payment terms and a reasonable timescale for the work to be undertaken is to be agreed upon before work commences. For website design or larger projects either an initial deposit of half payment or payment in convenient stages is requested; the balance to be paid on completion.

If the work time exceeds four calendar weeks in duration, The Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full on completion.

If the work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work outside the scope of the original agreement.

Wherever possible The Client will be notified of any increases in the scope of the project as/should they occur, if not already evident. Any additional costs will be added to the final invoice, payable prior to delivery of the finished design files/artwork.

For further updates and amendments, if not agreed as a ‘flat fee’, or if not part of a ‘Retainer’ (i.e. a monthly fee to cover an agreed amount of work time — see below), you will not be charged unfairly ‘by the hour’ should just a line or two of text be changed or an image be added to your site — such work is charged in reasonable quarter-of-an-hour increments.

2 Copyright and Ownership

Please note: Phillips Creative retains full ownership of the design concepts and materials it produces, including all artwork, website architecture and/or any other work undertaken (other than use of images or elements for which the copyright is held by a third party), until payment is settled in full at which ownership rights to the concept transfer to The Client.

Electronic files supplied are for the stated use only and are not to be altered, adapted or reused without written permission from Phillips Creative.

Of graphic designs submitted to The Client, any unauthorised, unethical use before payment is received in full will incur the design charge in full as well as any costs involved in recovering that charge and/or any loss of earnings. Additionally, with website work, the right to suspend or remove that website, or additional work carried out on that website, until payment is made in full is reserved.

Granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the work outlined. Unused concepts remain the property of Phillips Creative. We may still use paid-for concepts in our promotional materials and in our design portfolio. Unless The Client requests otherwise, Phillips Creative retains the right to display a discreet byline claiming design credit on works it has created, except for corporate stationery. We acknowledge the confidential nature of projects and agree to only display work once the project has commenced or publicly launched.

3 Confidentiality

It is agreed that partners and working associates of Phillips Creative shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.

4 Approval of Artwork

While Phillips Creative takes the greatest care to avoid errors, it is The Client’s responsibility to proof read and approve all final copy before the production of artwork. The e-mail verification of The Client’s representative shall be conclusive as to the approval of all artwork prior to release for printing or implementation. No refunds or reprints are given after a final approved design has gone to print.

5 Intellectual Property

The intellectual property rights for the creation of graphic designs or websites we have undertaken remain. Should The Client no longer wish to use our services, then another company or individual are not permitted to use the creative elements claiming intellectual property or copyright on the work without prior written agreement.

6 Artwork Release Fee

Transferral of all design elements — e.g. artwork, Photoshop files, and/or web coding — to The Client and/or a third party via disc or by electronic means will incur a ‘Release Fee’ to relinquish ownership. This is a formality to protect the intellectual property rights of the original designer and, until the Release Fee is paid in full, The Client may not use or pass on such materials to a third party for the use of.

7 Force Majeure

Phillips Creative shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside our reasonable control. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or acts of terrorism.

8 Termination Policy

On occasion, circumstances beyond the control of either party may result in the need for cancellation of a project. In the event of The Client cancelling a project after commencement, any advance payment/deposit will be forfeited in lieu of compensation to Phillips Creative. This is to cover design and administration time spent, resources purchased and allocated, research time and any administration costs.

If the project is more than 50% completed (this is determined by Phillips Creative and The Client by negotiation) a pro rata payment is payable for time spent up until cancellation notice at an hourly rate. Ownership of all copyrights and the original artwork, disks, USB, etc shall be returned and retained by Phillips Creative.

Should a project be cancelled by Phillips Creative, due to unforeseen circumstances, any deposit will be refunded in full to The Client in due course.

9 Print Colour Variations

With all printing there may be colour variations from what you have seen on screen or a printed ‘proof’ to the final product and/or previous orders. This is due to the nature of CMYK printing and bulk-run/mass printing systems. We cannot accept liability for reprints on this basis.

10 Disclaimer

All information contained in this website is intended for general information purposes only. We try to keep the information up-to-date and ensure that it is correct.

However, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information in this website, or any products, services, links, or graphics contained within. Use this information at your own risk. Phillips Creative will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Any non-associate websites linked-to from this website are beyond our control, therefore we will not be held liable for your use of those websites. In linking to non-associate external sites, we are not endorsing any information or views expressed in their content.