Our Important
Terms of ServiceOur Important
Terms of Service

2.1 Fees and costs are estimated on a phase by phase basis.  The Consultancy retains the right to amend estimates for subsequent phases as the project progresses and the extent of the work in each phase becomes clear.

2.2 The Client and/or the Consultancy retains the right to terminate the project at the end of each phase.  However if the Client terminates the project the Consultancy retains the right to re-estimate and invoice the completed stages taking account of the termination.

2.3 These Terms and Conditions of Contract shall be deemed to have been accepted by the client for this and all subsequent phases of work following receipt of verbal or written approval of phase 1 of the Commissioned Work.

2.4 The fee specified is the Consultancy’s fee for the scope of work assessed on the basis of the time estimated to be spent by the Consultancy in carrying out the Commissioned Work on the basis of information available at the time. That fee may, in the Consultancy’s absolute discretion, be increased at the Consultancy’s standard rates in the event of changes to specification, rushed delivery, client corrections or unforeseen increases in charges from outside suppliers.  VAT will be added to all invoices as appropriate.

2.5 The Consultancy shall be reimbursed for all reasonable out of pocket expenses incurred in relation to the Commissioned Work or as a result of any changes thereto but not arising through any default on the part of the Consultancy.  Such expenses are not included in our estimated fees.

9.1 This clause applies to all materials, including but not limited to all artwork, photographs, drawings, models, mock-ups, prints, moulds and other like matter and all copies, supplied by the Consultancy to the Client.

9.2 Risk in all materials passes to the Client on delivery either to the Client or to an independent carrier.

9.3 All materials shall remain the property of the Consultancy until the Client has paid all sums due under the contract in full. Until such payment is made the Client shall not be entitled to use any such materials. Furthermore the Consultancy may repossess all or any such materials and all copies and for this purpose the Consultancy shall be entitled to enter the premises of the Client during normal business hours.

9.4 All materials which are not incorporated in the final design selected by the Client remain the Consultancy’s property whether or not in the Client’s possession and the Consultancy remains free to repossess the same and to exploit the same in any way without further reference to the Client.

10.1 Although all work undertaken is done to the best of the Consultancy’s ability the Consultancy accepts no responsibility for any loss or damage to property or persons arising in any manner at all, either in relation to the services to be rendered and/or goods supplied to the client, or in relation to any defect in products manufactured using designs supplied under the contract other than liability for death or personal injury caused by the negligence of the Consultancy.

10.2 If despite clause 10.1 the Consultancy is required to compensate the client for any such loss or damage, then its liability is limited to the amount of the estimated fees for the Commissioned Work.

10.3 The Consultancy accepts no responsibility for any damage to or loss of any property of the Client supplied by the Client in relation to the Commissioned Work and whilst in the possession of or in transition to or from the Consultancy or being handled by the Consultancy outside its premises.  The Consultancy undertakes to use all reasonable care in relation to any such property in order to seek to prevent such loss or damage.

10.4 The Client shall indemnify the Consultancy against all losses, damage or liabilities of any kind in respect of loss of or damage to property, death or personal injury that may arise or occur directly or indirectly as a result of a defect in any product manufactured using designs supplied by the Client in relation to the Commissioned Work.

12.1 The Commissioned Work including any amendments shall not be used for any purpose other than that for which it was commissioned.

12.2 Proofs of all items or work in rough or uncompleted form using designs created by the Consultancy must not in any circumstances be used or published without the prior written approval of the Consultancy.

12.3 No modifications or alterations may be made to any part of the Commissioned Work at any time without prior written approval from the Consultancy.  Such modifications or alterations may only be made under the supervision of the Consultancy and must be paid for at a rate agreed with the Consultancy in advance.

12.4 The Consultancy must be compensated for any modifications, development or alterations made to the Commissioned Work by any person other than the Consultancy after the cancellation or termination of this contract.

12.5 The Consultancy shall at all times be entitled to use for the purposes of the promotion or furtherance of its business any of the Commissioned Work or any description or illustration of the Commissioned Work, even in the event that the intellectual property rights in the work have been assigned to the Client.

12.6 Original illustration and photographs normally remain the property of the illustrator or photographer unless specifically purchased.  Charges are for one time use only unless otherwise agreed.

4.1 Copyright, design rights and any other intellectual property rights in all work created by the Consultancy and coming into existence in relation to the Commissioned Work shall vest in and belong to the Consultancy.  All such intellectual property rights shall continue to so belong on cancellation or termination of the contract unless expressly assigned or licensed to the Client in writing.

14.2 Once the final stage of the project has been completed and all the fees, costs and expenses as invoiced have been paid in full, the Consultancy shall assign to the Client copyright and any other relevant intellectual property rights in the materials embodying the final design selected by the Client.

14.3 Assignment will apply to the country from which the project was commissioned only unless any other copyright territory is agreed in writing with the Client.  Other copyright territory requirements arising at a later date will be subject to negotiation between the parties.

14.4 The Consultancy’s obligation to assign copyright shall be conditional on the Client having complied with all its contractual obligations.

18.1 If the Commissioned Work is to be carried out in stages, the Client and/or the Consultancy may give the other party written notice to cancel the contract or postpone any part of the Commissioned Work after completion of any stage. The notice will be effective when received by the recipient party.  The Client shall be liable to pay the Consultancy’s fees, costs and expenses for all completed stages and to pay for any work commenced on subsequent stages prior to cancellation or postponement at the Consultancy’s standard rates together with all expenses and loses incurred by the Consultancy as a direct result of such cancellation or postponement.

18.2 If the Commissioned Work is postponed and subsequently resumed without substantial alteration within a period of one year from the date of receipt of the notice of postponement, any fees paid shall rank as payments on account towards the total final fee payable on completion of the Commissioned Work.  Where the period of one year has expired the resumed Commissioned Work shall be deemed to constitute a separate contract for which fees must be renegotiated.