Blak Bear Creative Ltd’s Standard Terms and Conditions of Business
The acceptance of the quotation and payment of deposit will be taken as acceptance of the following terms and conditions. We advise that you read and fully understand what is written below. Please contact us if anything is not clear.
- All prices quoted exclude VAT where applicable and are valid for thirty days from the date when the quotation is issued.
- The costs that are provided to you when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from the quoted prices unless requirements change, however please allow a 20% contingency on price when considering your budget to allow for potential unanticipated requirements or additional development. Please also note that late payment of invoices will also result in an additional 20% charge on your invoice, when payment is not made within 14 working days from the due date.
- No creative or development work will commence until we have receive written approval of the quotation (by hand or email) and the minimum deposit of 75% of the agreed cost (unless otherwise agreed in writing) is paid. This ensures that we are fully equipped to provide the very highest level of service and expertise, from the inception of your project through to completion. This also applies if a project is delivered in stages, whereby a deposit will be required before proceeding to each new stage.
- Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (for example, approval of your logo, delivery of printed items, deployment of website or sending out an e-shot). Failure to make final payment at this point may result in delays in project delivery. All invoices just be settled in full prior to go live or final supply of assets and materials. Late payments will result in an additional 30% charge to your invoice after a 14 working day period.
- If a quotation is provided for a project that is to be approached in stages, each stage will need to be paid in full on completion of each stage, before we proceed onto the next stage. Where a job is being charged in stages, (for example an initial 75% deposit and two further payments of 25% each), the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of Blak Bear Creative Ltd.
- If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), Blak Bear Creative Ltd reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
- Any printing, mailing or third-party services that are provided by Blak Bear Creative Ltd will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost. This figure will be at the sole discretion of Blak Bear Creative Ltd and may in some cases, be as much as 100%. Please be aware that Blak Bear Creative Ltd may be unable to proceed to this stage without receipt of proof of this payment.
- Unless otherwise stated above or previously agreed in writing, all invoices due within 14 days of any invoice date. Please note points 3, 4, 5 and 7 above and how this may impact timescales.
- Unless otherwise agreed in writing, work will commence within 10 working days of your deposit receipt. Any anticipated completion date provided by Blak Bear Creative Ltd is subject to options chosen and client co-operation in provision of information, resources (logos, images etc) and approval. Blak Bear Creative Ltd will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested or additional requirements may potentially delay the project. Time lines provided are estimated but we will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third-party issues or force majeure (acts of God).
- The fees that are provided allows for a presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, we will develop a further round of additional creative development and presentation. If after the third round there is still no agreement on direction, Blak Bear Creative Ltd reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
- The costs provided allow for a maximum of three sets of client amends, after which, additional charges may become payable, although the client would be made aware of this in advance.
- At the end of each stage of works (including, but not limited to, before sending an item to print or publishing a website etc) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until Blak Bear Creative Ltd is in receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges for further time spent, although the client would be made aware of this in advance.
- Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between us, Blak Bear Creative Ltd and you, the client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
- Unless otherwise agreed in writing, projects are subjected to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel and postage etc.
- Unless we otherwise agree in writing, our fees exclude, VAT where applicable, stock library images, photography or video outside of our in-house resourceful bespoke illustration, copywriting, website hosting or backups, translation services, travel and accommodation, talent (models or actors), any third-party media, production, distribution, couriers, proofs, mock-ups, proof-reading or printing that may be required; other third-part costs incurred (such as merchant bank and payment gateway charges) etc.
- It is assumed that, unless otherwise stated, most copy and images will be provided by our clients, although Blak Bear Creative Ltd will contribute to this, through headlines and top-line messages, as a natural part of our creative process. We are able to offer a full copywriting service of copy advice, as well as illustration and photography at an additional cost if required.
- Blak Bear Creative Ltd recommends that our clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management of service, from print sourcing to print-liaison to proof checking. Although our clients are not contract-bound to use Blak Bear Creative Ltd for this service, it is highly recommended for quality control and peace of mind. If our client prefers to use their own print supplier, Blak Bear Creative Ltd will simply provide the artwork directly to our client to manage and forward as we will be unable to monitor, advice or take responsibility for the process of final output.
- In addition to print suppliers, Blak Bear Creative Ltd works closely with other third-party partners and suppliers, including sign manufacturers and installers, photographers, illustrators and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
- Clients should be award that due to a variety of factors, there will often be a variance in colours shown between in-house proofs, colours on screen, printer’s proofs and final printed items. These factors are determined by the source of the print or visual, the types of inks or make-up of colours, the type of print process used, individual preferences and several other reasons. As a result, Blak Bear Creative Ltd is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by our client.
- Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Blak Bear Creative Ltd. Full copyright and ownership of all ‘commissioned’ work will reside with Blak Bear Creative Ltd until full payment has been received, at which point Blak Bear Creative Ltd will surrender to the client, all claims of ownership and full copyright for final work produced, not including alternative designs, concepts, options, files, images or documents developed throughout the process. This agreement is subject to appropriate credit and acknowledgement appearing wherever possible and Blak Bear Creative Ltd’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
- Blak Bear Creative Ltd will never knowingly infringe any copyright or trademark and will deliver, to the best of our knowledge, creative solutions that are original and unique to us. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
- If requested, Blak Bear Creative Ltd (at its discretion) provide the client with end-artwork in its final form (e.g. print ready PDF; DVD master; outlined EPS Files etc). However, Blak Bear Creative Ltd for not by default, and possibly without further charge, provide clients with original artwork or HTML code or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Blak Bear Creative Ltd for non-exclusive future use.
- Blak Bear Creative will not at any time or in any manner, either directly or indirectly, use for our professional benefit or divulge, disclose or communicate in any matter, information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
- The client agrees to indemnify Blak Bear Creative Ltd and keep the agency indemnified and hold the agency harmless from any against any claims, actions, proceedings, losses, liabilities, damages, costs or expenses suffered or incurred in relation to work or services provided. Blak Bear Creative Ltd is not liable for any loss that may occur before, during or after the development of projects undertaken. Blak Bear Creative Ltd will not be held responsible for any delays, errors or losses arising from any third party.
- The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. Blak Bear Creative Ltd will not be liable for any claims made after this period.
- For any website related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software, source code, databases, e-commerce and / or content management systems, web applications or animations).
- Blak Bear Creative Ltd offers website hosting services to host client websites we have built. This is recommended in order to ensure ongoing quality of service is a mandatory requirements for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, we are unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the website hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the website hosted. We make no warranties or representations of any kind that hosting will be interrupted, error-free or that the website of the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall we, our employees or agents be liable for any direct, indirect or consequential damaged resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these are provided upon request.
- Appropriate credit and acknowledgement for work produced by Blak Bear Creative Ltd should be attributed to Blak Bear Creative Ltd where possible (for instance written in small text on the back of printed material or at the bottom of a website) and may be referenced for our use on promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
- These terms and conditions of business superseded any previous versions and apply to all present and future projects unless otherwise agreed in writing. Blak Bear Creative Ltd reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.
Blak Bear Creative Ltd’s liability finishes at the completion of the design phase. For all 3rd party suppliers, it is their responsibility for their own individual areas of expertise, and not of Blak Bear Creative Ltd.
Digital Enablement Package
Our Digital Enablement Package was added on 12th June 2020 at 9am