The Client:The company or individual requesting the services of Looking for Inspiration Ltd LFI Creative .LFI Creative: Primary designer/developer & employees or affiliates.
PROPOSALS, ACCEPTANCE & TIMELINES
- Any proposal(s) supplied by LFI Creative shall be deemed to include these terms and conditions and an acceptance of any such proposal or tender shall be deemed to be an acceptance of these terms and conditions.
- The copyright design rights and all other types of intellectual property right in any proposal and any draft designs shall at all times remain with LFI Creative unless agreed otherwise. Any tender draft or proposal shall be treated as confidential information by the client who shall not divulge nor permit any of its servants, agents or employees to divulge the contents thereof.
- In the event any proposal is not accepted by the client all copies of the proposal together with any accompanying documentation shall remain confidential.
- A proposal is deemed to be accepted where agreement is provided either by email, telephone, mail, fax or in person to LFI Creative (“the Commission”).
- Any costing or timetable provided by LFI Creative shall be provided on the basis of the Commission shall hold good for 30 days and if not accepted within that period may be subject to review and adjustment by LFI Creative.
- Any statement by LFI Creative as to the date of completion of the Commission is an estimate only. LFI Creative will use reasonable endeavours to comply with any timetable but will be under no liability to the client or any other person in the event the Commission is not completed by the agreed date. LFI Creative alone shall specify when the commission or any stage thereof has been completed.
7.Any alteration to the Commission agreed between the client and LFI Creative shall entitle LFI Creative to review and adjust any costing or timetable provided to the client.
- Unless otherwise agreed in writing any costing of the Commission will be exclusive of VAT disbursements and reasonable expenses incurred by LFI Creative. LFI Creative shall have absolute discretion regarding the use of specialist materials or services in completion of the Commission [including (without prejudice to the generality of the foregoing): photography, type-setting, courier services, express deliveries, long distance telephone calls and facsimile transmissions and the client shall fully reimburse LFI Creative for the cost of such items] and may sub-contract such elements of the Commission as it deems appropriate.
TERMINATION, DEFAULT OR VARIANCE OF TERMS
- Termination of this agreement by either party is allowable from 30 days after client acceptance of the proposal. Notice of termination by client must be delivered to LFI Creative’s registered address 30 working days prior to proposed termination date and work done by LFI Creative will cease after notification is received in writing.
- LFI Creative reserves the right to terminate any agreement with no notice if Client contravenes in any way the terms and conditions found here.
- In the event of termination by the client, client will be invoiced for the cost of work and associated costs to the date of termination. This must be paid within 30 days of the termination of the agreement.
- If the client does not give adequate notice of termination the client will be liable for the full balance regardless of work completed. This must be paid within 30 days of the termination of the agreement.
- An account shall be considered default if it remains unpaid for over 30 days from the date of invoice, or following a returned cheque. In the event of client missing a payment, LFI Creative reserves the right to withhold services until the missed payment is made.
- If client’s account does default and no payment is forthcoming LFI Creative reserves the right to consider this agreement in breach and Client will be liable for the full balance. Client will be liable to pay LFI Creative reasonable legal expenses and third party collection agency fees in the enforcement of this agreement.
- LFI Creative reserves the right to change these Terms and Conditions at any time. The most current version of these Terms and Conditions may be found on our website. Client’s will be notified via email that terms have changed. The client shall be deemed to have accepted such changes if they have not notified any objections to such changes within 30 days of the notice.
- The most current version of the Terms and Conditions shall supersede all previous versions.
REVISIONS, PROOFING & SIGN OFF
- Two revisions of creative design and copy supplied by LFI Creative is included in the price. If The client requires more than 2 revisions of creative design and copy this will incur an additional charge. Additional revisions will be charged at £85 per hour.
- Prior to printing or work going live LFI Creative will send to the client a copy for proofing. Once a proof is signed off either verbally, by email or in writing this is binding on the client. The client is liable for the full cost of any changes required after proofing stage, on top of the initial cost in the brief.
- LFI Creative and the client agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. LFI Creative recommends that if an exact quantity is required 10% extra is added to the quantity and extra time made available should the job be delayed
PRINTING & DELIVERY
- LFI require realistic deadlines for printed items. Standard time for delivery from printers is 5-7 working days but generally LFI Creative like to allow 2-3 weeks before the item is required for use. We cannot accept responsibility if there is an unrealistic deadline as we cannot guarantee the items will be printed and delivered on time. Faster turn around time will incur a higher cost. When setting deadlines the client must ensure enough time is given for signing off of proof.
- For design and marketing deliverables only LFI Creative will give the client an estimated time for delivery. The client agrees to allow LFI Creative up to 7 working days in addition to the estimate without express permission for delivery.
CONFIDENTIALITY & COPYRIGHT
- LFI Creative will not divulge to third parties matters confidential to the client without the client’s explicit permission. Except where specifically agreed otherwise in writing all material, data, information etc. collected during the course of the agreement will remain the property of LFI Creative and not passed on to any 3rd parties.
- By supplying text, images or any other data to LFI Creative the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client.
- Should LFI Creative or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow LFI Creative to remove and/or replace the file.
- Any artwork, concepts, images or text supplied and/or designed by LFI Creative remains the property of LFI Creative. Price indicated in section 5 is for creative time only. Release of copyright and raw files to the client must be negotiated by separate agreement.
- Any web domains, social media accounts or platforms used in the performance of a brief remain the property of LFI Creative unless otherwise agreed.
- If multiple design concepts are submitted to the client, only one concept is deemed to be given by LFI Creative as fulfilling the contract. All other designs and copy remains the property of LFI Creative and cannot be used by the client in any way.
- The Client agrees to allow LFI Creative to place a small credit on printed material, exhibition displays, advertisements and/or link to LFI Creative’s own website on the client’s website. The Client also agrees to allow LFI Creative to place all design on LFI Creative’s own website for portfolio and demonstration purposes and to use any design in its own publicity unless otherwise agreed.
- The Client may request in writing from LFI Creative permission to use any artwork, design, copy, website and any other data given created by LFI Creative in forms other than for which it was originally supplied. Any design, copywriting, drawing, idea or code created by LFI Creative is licensed for use by the client on a one-time basis only and may not be modified, re-used, or re-distributed in any way or form without the express consent of LFI Creative. LFI Creative reserves the right to charge fees for additional usage.
- LFI Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. LFI Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold LFI Creative responsible for any such loss or damage.
- All design work where there is a risk that another party may make a claim, should be registered by The Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. LFI Creative will not be held responsible for any and all damaged resulting from such claims.
- Any claim against LFI Creative made by the client will be limited to the total amount invoiced to the client.
- LFI Creative reserves the right to use the service of sub-contractors, agents and suppliers. The client also agrees that LFI Creative holds no responsibility for any amendments made by any third party, before or after a design is completed by LFI Creative.
- The client agrees to fully indemnify and hold LFI Creative free from harm in any and all claims resulting from The Client not having obtained all the required copyright, and/or any other necessary permissions.
- LFI Creative does not guarantee that any scripts, cgi applications, php scripts, databases or software will be immune from hacking or malicious tampering. LFI Creative will not be liable for any costs incurred, compensation or loss of earnings caused as a result of hacking.
Governing law and jurisdiction
The validity, construction and performance of this agreement shall be governed by and construed in all respects in accordance with the laws of Scotland whose courts are the courts of exclusive jurisdiction to which the Parties submit.