Terms and Conditions

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

What do both parties agree to?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this agreement.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us. 

Getting down to the nitty gritty

Design

We create designs based on the brief that we create in the ‘discovery’ session prior to starting work. We create them iteratively and use predominantly font and graphics so we won’t waste time mocking up every template as a static visual. Sometimes if shapes or type is particularly specific we may create bespoke designs which are created specifically for your project. We transfer the rights to these upon completion and payment of project as stated below. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or We transfer file repository or development site with you and we’ll have regular contact by either phone, Skype, or email.

If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.

Text content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We don’t provide professional copywriting and editing services, but we can work with third parties to deliver this, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.

Graphics and photographs

You should supply graphic files in an editable, digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for and provide photographs for you, we can provide a separate estimate. 

Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. We can set up your site on a server, plus any statistics software such as Google Analytics and will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the amount of time that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that additional time.


Kill Fee

If, after project commencement, you stop all communication with me for a period of 30 days, the project can be cancelled, in writing by me, and ownership of all copyrights shall be retained by me. In this scenario, I reserve the right to charge a cancellation fee for the work completed, with the fee based on the stage of project completion. The fee will not exceed 110% of the total project cost.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the designs or website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them, upon payment of the balance of the project.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books unless specifically requested not to by yourselves.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.


Payment to :

The Brand Tap Ltd

Payment terms: 7 days from receipt of invoice. 

We issue invoices electronically. Our payment terms are above from the date of invoice by BACS payments system. All proposals are quoted in GBP and payments will be made at the equivalent conversion rate at the date the transfer is made.

The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate stated by the Bank of England. 


But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations.

This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of English and Welsh courts.

The Brand Tap Ltd

 

©2020 by The Brand Tap. Terms and Conditions.