One Creative is Creat1ve Ltd - having its Company Registration at Floor 2, Hove Town Hall, Church Rd, Hove, BN3 3BQ.
‘The Customer’ or ‘The Client’ is the person or company for whom, or on whose behalf, the work is carried out. ‘The Work’ is the work supplied or carried out by One Creative according to any contract made under these conditions.
Estimates for design, artwork and printing are strictly subject to sight of final copy, transparencies, diagrams, any other content material and final instructions from the client.
Quotations are fixed for two months from the date of issue. Beyond that period, we reserve the right to amend them.
Unless otherwise specified, all quotations submitted are based on reasonable time schedules. In cases where the work is requested on a ‘rush’ or ‘overtime’ basis, any additional costs incurred due to such circumstances will be reflected in our final invoice.
3. Modifications & Alterations
Modifications and alterations requiring additional work not allowed for in the original quotation may result in additional charges. Every effort will be made to intimate and agree on these before proceeding.
A reasonable allowance for initial briefing and discussions is made in the quotation. If extra meetings are called, then an additional charge may be made.
5. Additional Expenses
All relevant out-of-pocket expenses will be charged extra and will be subject to a small administration charge.
All accounts should be settled within 14 days of the invoice unless otherwise agreed.
If the work extends beyond one month, interim invoices will be issued at the end of each month relating to work done in that month, or on completion of relevant phases of the project. Acceptance of our proposal agrees to any interim invoices being paid within the month they are raised.
All invoices are deemed to be accepted unless One Creative receives notice within seven days of receipt of the invoice. Should any invoices not be paid within 30 days, we reserve the right to charge interest at the maximum rate permitted by law.
If we are forced to retain solicitors to collect our invoices, such fees and court costs that may be necessary, as well as any interest rate charges incurred, will become payable.
8. Termination and Cancellation
Premature cancellation of any confirmed order by the customer will entitle us to payment for all services rendered up to and including the date of termination.
Canceled orders will be refunded at full price less any balance due for work which has already been undertaken. Notice of cancellation of an order must be made in writing within 48 hours of the order being confirmed.
8.1 Website hosting
We purchase website hosting space in advance. The standard contract period is 12 months, and we purchase and invoice on the month the 12 month contract is due to run out. If website hosting is not to be carried forward we must be notified at least 2 months in advance of the renewal period or the invoice raised will be deemed to be payable in full.
Proofs of all work may be submitted for customers’ approval, and One Creative shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra. When style, type, or layout is left to One Creative's judgment, changes from there made by the customer may be charged extra.
10. Intellectual property rights
One Creative will be the owner of all intellectual property rights concerning any original work it creates including but not limited to, designs and documentation, until fully paid. Whole title and interest in any said creations will remain with One Creative unless One Creative agree to waive its moral rights if any, pursuant to sections 77 to 83 inclusive of the Copyright Designs and Patents Act 1988 in favor of the customer.
11. Delivery and Payment
No work shall be transferred, sent, or delivered until payment is received in full.
12. Design Credits
We reserve the right to claim authorship of all designs for which we have been responsible and to reproduce any works in a reasonable way for marketing purposes.
13. Printed Specimens
We are entitled to receive a reasonable number of printed specimens of all designs for our files and our promotional purposes.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to One Creative and the carrier within three clear days of delivery (or in the case of non-delivery, within 14 days of despatch of the goods) and any claim in respect thereof must be made in writing to One Creative and the carrier within seven clear days of delivery (or in the case of non-delivery, within 21 days of despatch) all other claims must be made in writing to One Creative within 14 days of delivery. One Creative shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
(a) One Creative shall not be liable for any loss, whether direct, indirect, consequential or otherwise, or third party claims occasioned by any failure to complete or delay in completing the contract or failure of or any delay in delivery.
(b) Where any work is defective for any reason, including negligence, One Creative's liability (if any) shall be limited to rectifying such defect.
16. Periodical Publications
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless, One Creative may terminate any such contract forthwith should any sum due thereunder remain unpaid.
17. Force Majeure
One Creative shall have the right to cancel or delay deliveries or to reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligations to the customer if such failure or any delay shall be due to any cause or circumstance beyond the control of One Creative. Subject to the foregoing the occurrence of such circumstances or events will not operate so as to effect or suspend any other rights or obligations of either party hereunder.