Terms & Conditions
The instruction for work to commence forms a contractual agreement between the Client (you) and Round Creative (us). The instruction for work to commence and payment of the required deposit indicates the Client has read and agreed to the Terms of Business outlined in this documentation.
All estimates are based on the initial brief given by the Client and Round Creative’s interpretation of the work needed to complete the project. The costs detailed in the estimate are valid for 30 days from the date of the original estimate. Round Creative requires the client to agree costs before work commences, and to pay the appropriate deposit (see 3. below).
Should Round Creative find that there is substantial additional work to be carried out, a full revised breakdown of the extra costs involved will be provided, prior to any such work being undertaken. Round Creative will not carry out any of this work until the Client is happy with the new quotation. Once the amount has been agreed this agreement will form a binding contract.
Unless specified, a 40% deposit will be required on all work.
Note: Longer-Term Projects. For projects likely to last longer than one month, stage payments may be required.
Note: Large Outsourced Print. Any outsourced printing may require payment up front. All proofs will require client sign off before work is commenced.
Once the estimate has been approved by the Client, Round Creative will undertake the work as agreed. If the Client cancels the project for any reason then the Client will be liable for the cost of any work carried out to that date. This is regardless of any deposit paid.
Payment is due on receipt 30 days after the date of our invoice, unless otherwise agreed. Deposit payments are due on receipt of invoice.
6. Content – Images/graphics (supplied by us)
The sourcing, purchasing and editing of any images or graphics may incur additional costs not represented in the initial quotation.
7. Content – Images/graphics (supplied by you)
Any images or graphics the Client supplies should be saved separately in a suitable digital format i.e. jpeg or eps. Anything supplied in a printed format will need to be scanned, edited or re-produced then saved for use which will incur an additional cost. By supplying images/graphics to Round Creative, the Client accepts responsibility for any emerging copyright issues and absolves Round Creative from any liability under copyright legislation.
8. Content – Text (supplied by you)
Round Creative’s estimates are based on text being supplied in a digital format i.e. Microsoft Word. Additional charges will be incurred if typing is required, a copy writing service is available.
As part of the design process Round Creative may suggest the use of a particular font which needs an additional license to be use. If the Client agrees to the design then the Client may be liable for the cost of this licence.
10. Supplying Content and the consequences for delays in doing so
All written content, images, photos, graphics and logos should be supplied at time of agreement to commence with the Project. Failure to do so delays the progress of design and setup; therefore any estimated completion date becomes invalid. Round Creative understands that gathering all content is not always a quick process. However, if delays occur and Round Creative cash flow requires it, the Client will be invoiced for all work to date and then work will recommence when content is supplied. As a result the Client will then be billed for the remaining amount estimated.
11. Client Responsibilities with Regard to Copyright
In situations where the Client provides images, text, animations or any other content for their website or media publication(s) the Client is legally responsible for ensuring that this material does not infringe any copyright laws. Photographs taken by Round Creative will remain our copyright until payment of the final invoice is made.
Clients are responsible for final proofing of artwork and web designs. Round Creative checks all its artwork and web designs before publishing, but clients are responsible for final proofing. Round Creative cannot be held liable for any errors found after the Client has approved artwork for print or a web design for publishing. In case of any doubt, then the Client should consider using the services of a professional proof-reader. Round Creative’s disclaimer includes colour matching. If exact colour accuracy is important to the Client, a hard copy can be supplied direct from our printer at cost. The Client may already be aware that colour on screen rarely matches the hard copy colour, which can vary from printer to printer.
You are allowed one revision/amend to previously agreed design content without charge. Any additional amends will be charged pro rata unless otherwise previously agreed.
14. Website Hosting and Email
Round Creative does not host any sites or mailboxes in-house. These are sub-contracted to trusted third parties. Furthermore, we do not support setting up email on third party devices. This should be taken up with either the Client’s network provider or with the device manufacturer. Should the Client’s email cease to function effectively due to problems with their broadband service provider, Round Creative takes no responsibility for this and cannot therefore be held responsible.
Round Creative takes every care to ensure their hosting partners take their security seriously but cannot be held accountable for security breaches at their end or take any responsibility for any damage arising from such security breaches.
15. Project Timescales
The length of the project together with any fixed deadlines or staged deliverables are negotiated and agreed with each client for each individual job or project. However, if the Client’s own delays, for whatever reason, result in deadlines not being met and timescale necessarily extended, we will issue an interim invoice to cover any work already carried out.
16. Office Hours
Normal office hours apply Monday to Friday from 9am up to 5pm. Under certain circumstances Round Creative may be available outside these times.
17. Intellectual Copyright
Round Creative will hold intellectual copyright of any design material, including custom graphics created for the client until payment of the final invoice. At this time Round Creative will transfer the intellectual copyright to the Client.
Unless agreed otherwise at the start of the project all code and databases created for any application developed by Round Creative remain the property of Round Creative who has the right to continue to develop those applications for use in any future projects.
Round Creative will continue to hold the intellectual copyright to all design concepts, prototypes and mock-ups produced that are either not used by the Client or substantially changed during the course of the project. Round Creative reserves the right to use these designs for future projects or with other clients if appropriate.
Note: Any photography or video produced by Round Creative remains the property of Round Creative unless agreed otherwise with the Client. Continued usage of such material in any format is entirely at Round Creative discretion unless copyright has been transferred and any associated costs paid in full.
18. Client Transfer of Business to a Third Party
In the event that the Client transfers their business to another agency or provider, the resulting essential work on the part of Round Creative to effect that transfer will incur charges. Each case has to be taken individually and charges levied accordingly at our normal hourly rates. Third party costs may also be incurred from domain registrations or from terminating hosting contracts prematurely. Any such costs will also be added to the final invoice.
As the transfer of domains, websites, files or artwork usually only takes place when an existing contractual relationship is coming to an end, any fees in relation to the transfer must be paid in full before any transfer takes place. Any pre-existing agreements with regards to payment terms etc will no longer apply.
19. Limitation of Liability
Round Creative will not be liable to any Client for any special, indirect, incidental or consequential damages whatsoever whether in contract, tort (including negligence) or strict liability including, but not limited to, loss of use of or under-utilisation of labour or facilities, loss of revenue or anticipated profits, or claims from clients, resulting from Round Creative’s performance or non-performance of its obligations under this Agreement, or in the event of suspension of the services or termination of this Agreement. Round Creative’s aggregate liability to any client under any agreement for any and all claims shall not exceed the total amount of the fees actually paid by the Client and received by Round Creative under any agreement.