We craft marketing solutions through words, design and technology.
Terms of business
These are our standard terms of business
By accepting an estimate or paying a deposit or any invoice, you agree to these terms. No retrospective changes in these terms can be made without written agreement from Fusing Creativity Ltd.
The client's approval for work to commence shall be deemed a contractual agreement between the client and Fusing Creativity Ltd. This agreement may be made by email or in writing. Important: Approval for the work to commence assumes that the client accepts these terms and conditions.
Fusing Creativity Ltd. will hold ALL intellectual copyright of any material, including any ideas/planning, campaigns designed for the client UNTIL payment of the final invoice. At this time it will become the property of the client. Fusing Creativity Ltd. however retain the right to showcase any work created by us for clients as 'our work' to demonstrate capability and quality.
Should the client wish to cancel at any point during the process of project work after being given confirmation that the project is approved they shall remain liable for the work that has taken place and shall be invoiced accordingly. In the case of retained monthly work the client is required to provide a minimum of ONE CALENDAR MONTH notice of cancellation, AFTER the agreed minimum term period. (if no minimum term period is agreed outside of these terms, then 120 days is assumed).
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work commences, then we will accept these changes with the provision that additional charges may have to be negotiated. Estimates are generated in good faith using the information given to guide the price for the project.
Timescales quoted are given in good faith and generally depend on access to and information given by the client. If deadlines are missed solely down to the fault of Fusing Creativity Ltd. then we will compensate in time our the discretion of Fusing Creativity Ltd. A timescale must be AGREED by BOTH parties to be realistic.
Should Fusing Creativity Ltd. waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Fusing Creativity Ltd. to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected. Fusing Creativity Ltd. reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
The Client agrees to the terms of this agreement on behalf of his or her organisation or business either by printing and signing this agreement or by paying the first invoice or accepting an estimate - verbally or otherwise.
Part payment of 50% is required before work is commenced and remaining balance after final sign off. Payments for deposit is payable upon receipt of invoice and no work will commence until payment is received. For final or interim invoice payment is required within 14 days from the date of the invoice (unless otherwise agreed by Fusing Creativity Ltd.). Full payment is required up-front for any project equal to or under a full day rate (equal to 8 hours work). There may be exceptions to this rule where special 'deals' are made with a client and full payment is required up-front. For website design and build projects, final payment must be received PRIOR to any code being uploaded to clients' web server.
Fusing Creativity Ltd. will invoice the client monthly; the first such invoice to be issued prior to the first month of the Initial Contract Period and due prior to work commencing. The following months invoices will be issued at the beginning of subsequent month and payable within 14 days of receipt. Out-of-pocket expenses will be invoiced within ninety (90) days after the date they are incurred. Any other or large out-of-pocket expenses will be pre-approved by the client, which will pay invoices within 14 days of receipt. Payment is currently accepted by bank transfer.
Work on this account may be temporarily discontinued at Fusing Creativity Ltd's sole discretion and on five (5) days prior notice to the client if payments are overdue more than forty-five (45) days from bill date. Details of late payments for over 45 days will be automatically be passed to our legal team to start collection proceedings.
Payment is currently accepted by cheque or bank transfer. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a 'returned cheque' charge of £25. Cheques should be made payable to 'Fusing Creativity Ltd.' and incur a £2 charge - please add this to your invoiced amount if paying by cheque.
Website design and development
Fusing Creativity Ltd. do not provide hosting for websites. This is solely down to allowing clients ultimate choice and control in hosting. Clients will need to ensure that hosting is purchased and ready for website upload in time. Fusing Creativity Ltd. cannot be held responsible for late delivery of website projects down to late or incorrect hosting provision. Final invoices must be paid in full prior to any code begin released to a clients web hosting. Once a website has been uploaded to a client's hosting, it is recommended by Fusing Creativity Ltd. that the client changes FTP and Control Panel passwords for added security. Once the website has been uploaded to client hosting, Fusing Creativity Ltd. cannot be held responsible for any loss, damage or corruption on client hosting.
Fusing Creativity Ltd. recommend regular back-ups of website files. Fusing Creativity Ltd. do not provide a regular back-up service. Back-up of a website is a clients responsibility. For content managed websites such as WordPress based websites created by Fusing Creativity Ltd. once usernames and passwords have been given to a client, the client is solely responsible for maintaining the website if a maintenance agreement has not been taken out. Any mistakes or issues caused by client use of the content management system is not the responsibility of Fusing Creativity Ltd. Fixes will be charged at the standard hourly rate and by the hour. If urgent and requiring immediate attention (within 24 hours) a 100% surcharge on the standard hourly rate will be charged to rectify any issues and charged by the hour. Invoices due for urgent amends or fixes will be due immediately upon receiving.
Design artwork files
All projects are delivered in a print ready format, (if for print - this is usually in the form of a high resolution PDF) or as a web-ready file (usually a PNG, GIF or HTML file - unless the project is specifically a 'Design for Web' job whereby the specified output is a layered PSD file ready for coding at the client end).
We have no intention of holding your full design files to ransom, however these are only supplied upon request as not many clients know how to use them correctly. Once design file artwork has been supplied, Fusing Creativity Ltd. cannot be held responsible for any corrections or imperfections within it.
If design files are requested at completion of project, no extra charge will be made. Design files are archived 3 months after completion of project. If you require design files after this time there will be a unarchiving and file supply fee of £65 +VAT per item. This is due to the time and process of de-archiving and getting the file ready to supply.
Design files are usually and only supplied in Photoshop, In-Design or Illustrator files. We use the latest version of Adobe Creative Suite for creating design files and files will only be supplied in the latest version and cannot be downgraded to previous software versions.
Fusing Creativity Ltd. cannot be responsible for how the files are used after supply. we advise only trained graphic desginers use the files. Any updates made by the client to the files will clearly not be reflected in our original file in our archive.
Expenses due in the course of a project such as royalty free image costs, registration fees and printing charges will be passed on to the client. These costs are not always able to estimate at the beginning of the project but will always be informed to the client prior to agreement.
Indemnification and terms
The Client agrees to defend, indemnify and hold Fusing Creativity harmless against any loss, cost or expense (including reasonable solcitors fees) Fusing Creativity sustains or incurs as a result of any third party claim, suit or proceeding made, brought or threatened in connection with services properly undertaken on behalf of The Client This clause will survive any termination of this Agreement.
Nothing in this Agreement will be construed so as to constitute any party an agent with authority to bind another except as specifically approved in writing by the party to be so bound.
During the term of this Agreement, Fusing Creativity Ltd. agrees to hold in confidence and not to disclose, unless authorized by The Client, all the confidential and proprietary information disclosed to Fusing Creativity Ltd. by The Client. The obligation set forth in this clause shall not apply if:
- The information was already known by Fusing Creativity Ltd. prior to disclosure of such information by The Client;
- The information is publicly available at the time of disclosure to Fusing Creativity Ltd. or thereafter becomes publicly available through no fault of Fusing Creativity Ltd., or
- The information is subsequently disclosed to Fusing Creativity Ltd. by a third party under no obligation to The Client not to disclose such information
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