It’s the small-ish print. I wish it was five bullet points too, but T&Cs are one of those necessary things. It is written in ‘simple speak’ as much as the law allows.
The Little Creative Workshop is owned exclusively by Ms Victoria J K Westmore, operating as a soletrader, so reference to the company or the individual are the same.
1) Acceptance of terms
The Little Creative Workshop will discuss the Client’s needs and/or review the Client’s brief and provide a proposal and quote.
The Little Creative Workshop as sender and the Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged with the confirmation of a project.
A project is confirmed when The Little Creative Workshop receives an email from the Client stating that the Client is commissioning the work. If a Client is contracting with The Little Creative Workshop on behalf of any group of individuals other than themselves alone, on behalf of a company, or a third party, the Client confirms that they are authorised to enter into a contract on their behalf.
Electronic signatures and confirmation via email shall be considered legal and binding.
The Little Creative Workshop provides services as an independent marketing communications specialist, content creator and writer.
Content or consultancy provided to the Client does not render in anyway The Little Creative Workshop or Ms Victoria JK Westmore an employee, worker, or agent of the Client.
The Little Creative Workshop will have no right or authority to incur expenditure on behalf of the Client or enter into contracts on behalf of the Client.
The Little Creative Workshop will determine the time commitment required in order to ensure the content and/or consultancy is provided in a timely, efficient and professional manner. The times and days worked are at the sole discretion of The Little Creative Workshop. The Client does not have a right to any control over The Little Creative Workshop’s working day. Schedules and deadlines will be mutually agreed between the Client and The Little Creative Workshop. Progress updates will be provided to the Client.
The Little Creative Workshop works independently and not on Client premises, except for attending meetings as part of the project, which are arranged in advance at mutually agreed times between The Little Creative Workshop and the Client.
The Little Creative Workshop shall only receive payment when content or consultancy is agreed in advance and shall not receive any payment for periods where services are not provided, including illness, injury, holiday and when they are simply not needed.
The Client has no obligation to make work available beyond the project or content that has been commissioned and agreed upon. The Little Creative Workshop has no obligation to accept further or ongoing work, once a project has been completed satisfactorily for the Client. (Although I hope we will work together again, no-one is obligated to).
The Client acknowledges the The Little Creative Workshop is in business on its own account and provides services on a non-exclusive basis. The Little Creative Workshop will not work with clients where there could be a conflict of interest with an existing client, without discussing it in advance with the clients involved.
The Little Creative Workshop will bear its own expenses incurred in the course of providing the content and consultancy and provide and use its own equipment, including MacBook Pro and design software, office equipment (printers, scanners), own office, car and mileage, and all subscriptions to relevant products and professional membership organisations as needed for the business of The Little Creative Workshop.
2) Data supplied by client
The Client remains responsible for all customer and employee data. Any data given to The Little Creative Workshop to use for marketing purposes must meet all legal and ethical guidelines, including any necessary permissions from customers to be contacted.
The Client remains responsible for keeping their data up-to-date and legal.
The Little Creative Workshop will never share data supplied by a Client or data it has access to through working with the Client. All Clients must make sure they are GDPR compliant.
3) Assets supplied by client
The Client must have the necessary legal and ethical permissions to use the assets they supply for use. This includes (but is not limited to) images, videos, written copy to be edited and testimonials from their clients.
The Client is responsible for the accuracy of the information they provide, including statistics and information to use in materials, such as information about their company or technical information to craft content from.
The Client is responsible for all trademark, servicemark, copyright and patent infringement clearances. The Client guarantees to The Little Creative Workshop that any elements of text, graphics, photos, designs, trademarks, or other artwork that the Client provides for inclusion in the project are either owned by the Client or that the Client has permission to use them.
Any assets supplied will only ever be used for the Client that supplied them.
Where stock imagery is sourced by The Little Creative Workshop, a preview will be presented to the Client and only purchased when the Client approves the cost. Stock imagery will only be purchased from a reputable image site, such as Shutterstock, where the correct licenses are all in place.
Any information The Little Creative Workshop learns of through working with a Client, either in formal or informal discussions, in whatever medium this takes place, shall remain confidential between the Client and The Little Creative Workshop.
Anything already in the public domain or obtained independently from the Client or project is not subject to confidentiality.
Any deadlines must be agreed by the Client and The Little Creative Workshop in writing in advance and are subject to The Little Creative Workshop being supplied all necessary assets and information requested in order to complete the work.
A 50% deposit will be required before work commences. A deposit invoice will be produced and the total deducted from the final invoice.
Invoices will be produced on completion of work. Depending on the type of project or work, invoices may be produced for work completed at relevant stages, followed by a final invoice. No payment shall be due from the Client unless The Little Creative Workshop has issued an invoice in respect of the relevant payment.
Invoices must be paid within 14 days of their issue date. If you would like to arrange different payment terms up to a maximum of 30 days, this must be arranged in advance of work commencing (there will be a small charge for this).
A £35 service charge is payable for reissuing each unpaid invoice at 30, 60 and 90 days from the date of original invoice.
The Client does not own the work or any part of its copyright until payment has been made in full.
The Little Creative Workshop reserves the right to withhold the delivery of further work until past due balances are paid. Late payment charges may also be applied.
The Little Creative Workshop is responsible for its own income tax liabilities and national insurance and engages its own qualified chartered accountant to prepare the reports to HMRC. The balances are paid in full and on time by Ms Victoria J K Westmore.
Quotes are given using the information known about the project in consultation with the Client. Every effort will be made to complete the work within the original quote.
If a project requires work that was not clear from the original brief or is out of scope of the quote and proposal accepted, there may be additional costs. The Client will always be informed in advance and any further costs agreed upon in advance.
If the Client does not agree to the additional costs then the work will remain in the original scope of the project and the additional work will not be undertaken.
If you commission the services of The Little Creative Workshop and later decide not to progress the project then work undertaken up until notification must still be paid in full.
Charges may also apply for cancellation of work already booked in, due to loss of earnings through reserving space that could have been used for another client. This will not exceed the normal hourly and day rate charged for the time reserved.
10) Sign off
Every effort will be made to provide all materials and consultancy to the highest standard and free of errors. The Little Creative Workshop takes this very seriously.
Within your quote the process will be detailed and this includes 3 rounds of amends from first draft to sign off.
The Little Creative Workshop takes responsibility for the work provided up until sign off. If mistakes have been made or the work is not satisfactory this will be fixed at The Little Creative Workshop’s own cost.
The Little Creative Workshop will obtain sign off by the Client before anything is printed or sent out (including digitally). Once the Client has signed off the work then they are legally responsible for any costs or losses incurred resulting from errors, such as reprinting. Without accepting liability, The Little Creative Workshop will correct files and assist the Client.
The Little Creative Workshop holds Professional Indemnity Insurance and the certificate can be produced upon request.
On completion of the project and after final payment is received, The Little Creative Workshop will cede to the Client all rights to the copy in the form for which it was originally intended. For example, copy required for a web page will need further copyright negotiation if it is later sold as a book.
All writing and content created by The Little Creative Workshop, including on its website and in proposals, remains the copyright of The Little Creative Workshop, owned by Victoria J K Westmore. You may not adapt or copy any item, whole or in part, other than to demonstrate to a client or colleague the nature of The Little Creative Workshop’s work with a view to commissioning. You are only permitted to use content supplied as commissioned work and only once full payment for that work has been received.
The Little Creative Workshop may use all or part of a completed project in their portfolio, marketing information, or website with reference to the Client name, to demonstrate the work. The Client can request for this not to happen.
12) Other providers engaged for projects
The Little Creative Workshop collaborates with talented designers, web developers, and photographers (this is not an exhaustive list).
The Little Creative Workshop can engage its own network of providers to work on a project and remains responsible for the quality and delivery of the whole project within the accepted proposal. When The Little Creative Workshop directly engages another supplier for a Client project, The Little Creative Workshop shall be responsible for paying that supplier and ensuring the high standard expected of The Little Creative Workshop before it is sent to the Client.
If the Client chooses to enter into their own separate contract with another provider, that contract and payment will be between the Client and the other provider. The Little Creative Workshop will make every effort to collaborate successfully with any provider but will only be responsible for the part of the project The Little Creative Workshop has been commissioned to provide.
13) One last thing
In the event that The Little Creative Workshop decides not to exercise its rights under this agreement, it is a one-off in-kind decision, not a waiver, and does not mean The Little Creative Workshop waives their right to enforce these terms and conditions on a subsequent occasion or project.
Last updated: 05 January 2021