The commission and brief of work shall be confirmed and agreed in writing (includes e-mail) with the client before proceeding with the project. Quotations are valid for 30 days from issue date and are exclusive of VAT or other statutory additions. H Creative will require a valid Purchase Order for all or part of the work quoted, before any work can commence.
H Creative is VAT registered in the UK. Registration No. 804 2646 48
No liability whatsoever shall be accepted for modifications or alterations to our work or recommendations which are not carried out by ourselves or under our supervision.
If an alteration is made to the brief or an approved piece of work, necessitated by changes in the clients instructions or any other cause beyond our reasonable control, then H Creative is entitled to make an additional charge for extra work on an hourly basis, which shall have been notified to the client in advance, or for mutually agreed additional fees.
H Creative is entitled to make an additional charge for any work required in advance of an agreed timetable or for any agreed shortening of the contract period.
All fees and expenses shall be paid within 14 days following submission of our account or invoice. H Creative reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
In addition to fees as referred to in the payment clause above, H Creative shall be reimbursed in full when invoiced for purchases and expenses incurred during the project. Out of pocket expenses will be charged at cost. External purchases and services purchased from a third party will be subject to an additional 15% handling charge. All such costs and expenses shall be agreed and confirmed in writing with the client.
H Creative will be entitled to claim authorship and moral rights for design work for which we have been responsible when the work has been published (i.e. is in the public domain) or is no longer confidential or otherwise with the agreement of the client.
Copyright and design rights, except for products or services subject to an End User License Agreement (EULA), will be assigned to the client when the project is complete and all fees, costs and expenses for the work have been paid in full. Until that time all work prepared by us shall remain the property of H Creative at all times, in accordance with the UK Copyright, Designs and Patents Act 1988.
All material and information supplied by the client during the project shall remain confidential and will only be used for that project. At the end of the project and after all fees, costs and expenses for the work have been paid in full, all material passed to H Creative, together with all or any copies will be returned to the client.
Any agreement between H Creative and the client shall terminate if (a) either party commits a persistent or material breach of it, and fails to remedy the breach within fourteen days of receiving written notification from the other party specifying the breach and requiring its remedy, (b) if the client commits any act of bankruptcy or commences any proceeding of winding up (other than for the purposes of amalgamation or reconstruction) of if an Administrator, Receiver or Liquidator is appointed for the whole or any part of the business of the client. On termination or postponement of the commission, or any part of it, for any reason, H Creative shall be entitled to full remuneration for the work completed to date, together with all expenses, and shall retain the intellectual property rights, even if the fee agreed in advance for the work had included assignment of copyright upon completion of the project.
H Creative do not work exclusively for a client in a particular area or sector unless a specific written agreement has been negotiated and a retainer fee paid.
H Creative will make every reasonable effort to comply with specified completion dates, however dates specified are estimates only and are not guaranteed. Delays in completion do not entitle the client to rescind the contract or to any reduction in the agreed fees.
It is the final responsibility of the client that all of our work is checked and approved for any necessary statutory approvals, standards or compatibility with the client’s and the client’s customers systems. H Creative specifically disclaims any implied warranties of merchantability and fitness for a particular purpose. In no event will H Creative be liable for any damages, including but not limited to, any lost profits, lost savings or any incidental or consequential damages, whether resulting from impaired or lost data, software or computer failure or any other cause, or for any other claim by the client or for any third party claim.
H Creative will take all reasonable care to provide original work. It is the final responsibility of the client to ensure that work is not an infringement of third party intellectual property rights.
H Creative may, from time to time, make changes to these terms and conditions at its sole discretion.
This contract is governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts in any dispute which may arise concerning the contract.