It’s the small-ish print. I wish it was five bullet points too, but T&Cs are one of those necessary things.
The Little Creative Workshop is owned exclusively by Ms Victoria J K Westmore, so reference to the company or the individual are the same.
1) Acceptance of terms
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 shall be considered legal and binding.
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 holding the permission of customers to be contacted. The Client remains responsible for keeping their data up-to-date and legal. Any information relating to this, including any unsubscribes, that The Little Creative Workshop learns about, will be passed directly to the Client. 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 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.
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 is not subject to confidentiality.
5) Conflicts of interest
The Little Creative Workshop will not work with clients where there could be a conflict of interest with an existing client, without the express permission of all clients involved.
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.
Delays resulting from a cause that is beyond the reasonable control of either party shall be taken into consideration and re-negotiation of a deadline may take place in such cases. This is at the sole discretion of The Little Creative Workshop.
7) Payment terms
A 50% deposit will be required for new clients and large projects, to be received 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. All quotes and invoices will be itemised.
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 shall assume responsibility for cost outlays by The Little Creative Workshop in all collections of unpaid fees and of legal fees necessitated in recovering payment for unpaid invoices.
The Client does not own the work or 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.
Quotes are given in good faith 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 becomes bigger and requires more work than originally quoted for, the Client will always be informed in advance and any additional hours agreed upon in advance.
If the Client does not agree to the additional hours needed then the work will need to remain in the original scope of the project and additional work will not be completed. There may be exceptional circumstances where The Little Creative Workshop decides not to charge for occasional additional hours but this is at their sole discretion.
If you commission The Little Creative Workshop’s services and later decide not to progress the project then all hours already worked must still be paid. Charges will 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) Approval and sign off
Every effort will be made to provide all materials free of errors. The Little Creative Workshop takes this very seriously. In many cases, the work will be carried out in partnership with the Client. The Client is responsible for checking and signing off the work. The Little Creative Workshop will obtain sign off by the Client before anything is printed, put live or sent out. Once the Client has signed off the work then they are legally responsible for any costs incurred resulting from errors, such as reprinting. Without accepting liability, The Little Creative Workshop will correct files and assist the Client as much as possible.
The Little Creative Workshop always aims to bring positive benefits to your business, but is not responsible for any indirect or consequential losses to the Client through its services. In the event of any breach by The Little Creative Workshop of the express obligations under these terms and conditions, the remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you under the contract.
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, unless the client specifically requests for this not to happen.
12) Work supplied by other companies and freelancers
Sometimes projects require additional skills such as designers, web developers, photographers or event specialists (this is not an exhaustive list). If The Little Creative Workshop works with any other individual or company on your project this will always be made clear to the Client.
The Little Creative Workshop can engage its own network of suppliers and project manage as part of its services.
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.