General Working Terms
We are going to create the look and feel based on the brief we have taken within the time line agreed using our techniques and knowledge. The final deliverable will have been agreed in the original brief and any changes to what is required will involve a new brief and agreed cost.
We are not responsible for writing any text copy unless agreed otherwise. If you would like us to write new content, we can provide a separate estimate for that.
All copy should be provided in it’s final form, rewrites or redrafts of copy submitted during or at the end of this project will be considered additional work and may incur a cost based on our hourly rate of £85.00 +VAT per hour.
You should supply graphic files in an editable, vector digital format where possible. You should supply photographs in a high resolution digital format.
We will use various Royalty Free sources for images and graphics for this project if needed. This is used under a ‘fair use’ policy and any downloads not required for the development of the site will be agreed upon and a fee set.
If your company has any pre-existing brand assets and guidelines these should be provided before the project starts so that we can work as accurately as possible. Changes occurring because of late or retrospective submission of brand guidelines will be considered additional work and may incur a cost based on our hourly rate of £105.00 +VAT per hour.
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that if needed.
Revisions and amends are specifically covered under a separate policy that you will have received. However you can read more here. All of our projects come with 3 rounds of amends which give you a chance to change individual texts or swap an image during the course of a project.
Whilst we work hard to check all our work is technically correct, text that you provide will be spell checked and read as a courtesy, we will notify you of anything we see that we believe to erroneous. We will also check to ensure that the coding is good, branding is correctly used and your content applied to the allocated places, but grammar and factual information is not our responsibility.
You the client must check your proofs and text content that you have supplied.
We can provide proof reading or copy writing as a service, but this will be separately quoted for.
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Supplied project assets
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you or your business, or that you’ve permission to use them. We use any imagery, logos, text and information in good faith and will not be legally accountable if any copyright laws have been breached. We may also check and validate anything you supply us to ensure our indemnity is protected and may on occasion reject the use of the supplied assets.
Concepts
As a creative design studio, during the course of a project there will be research and development which will often lead to unused ideas, sketches and notes. These are the property of 1721 Studio Limited and not the property of the client unless already agreed as part of the commissioned works and costs.
Artwork and source files
You the client have hired 1721 Studio Limited to produce you a final product, whether that is a brand, printing or digital product such as website. The digital artwork (the working/source files) belongs to 1721 Studio Limited. The working/source files contain expertise and the ‘know how’ of putting together all the pieces that make up a design. The is the Intellectual Property of 1721 Studio Limited and is covered under UK law.
You the client has the right to use the final product, for example a Portable Document Format (PDF), which is a digital file. But it’s important to understand that PDFs are not working files.
Our project Response to Brief which you will have received before this contract will clearly outline what has been agreed as the final product that is delivered for the agreed fee. Exceptions can be agreed for an additional fee but the commission to produce the final product does not entitle the client to working/source files.
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the fee schedule outlined in this contract.
Late payments may affect any continuing services you have with 1721 Studio Limited such as hosting and we reserve the right to withhold those services until payment has been received.
By taking on this project we are reserving time and resources to complete it professionally and in a timely fashion. For this reason the initial 50% payment is not refundable.
If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point above the initial payment and cancel this contract.
We have the same rights to cancel and will reimburse or charge accordingly.
You can’t transfer this contract to anyone else without our permission.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.