General Terms and Conditions
These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Studio Nine Two Creative Limited a company registered in England and Wales under number 11053035 whose registered office is at Tondu Enterprise Centre, CF32 9BS (we or us or Service Provider) to the person buying the services (you or Customer).
You are deemed to have accepted these and any other Terms and Conditions when you accept our quotation or from commencement of any service or contract (whichever happens earlier).
You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. Non-compliance can lead to termination of the service.
The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis. In addition to the Fees, we can recover from you reasonable expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses and the cost of services provided by third parties and required by us for the performance of the Services. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with applicable hourly or fixed rate. We may need to increase our fees from time to time, and when doing so will ensure that any increase in rates are reviewed on an annual basis with effect from the second week of November each year. Our review will explicitly look at any increase in expenses, demand and performance abilities to determine, if any, increase in fees. Notice of any increase will be made available to clients prior to these changes taking affect. Client's will be given the opportunity to cancel or make amendments to any contract in place in light of such amendments. Contracts can be cancelled within 14 days of the date in which the increase in fees takes place.
Cancellation and amendment
Both parties can withdraw, cancel or amend a contract if it has not yet been agreed with you, or within a period of 14 days from the start of the contract. If you want to amend any details of the Services you must tell us in writing as soon as possible. If, due to circumstances beyond our control we have to make any change in the Services or how they are provided we will notify you immediately. Quotations are valid for 30 days from the date of receipt.
We will invoice you for payment of the Fees prior to service delivery and these fees should be paid in pounds sterling within 5 working days for non account holders and 30 days for account holders on receipt of the invoice. Non-payment within this time will lead to a 5% interest charge every 30 days on the amount outstanding until payment is received in full. Non-payment can also lead to a suspension of future services.
Sub-Contracting and assignment
We can at any time use a substitute worker or assign, transfer, subcontract any part of our services to any third party or in-house substitute
We can terminate the provision of the Services immediately if you: a. commit a material breach of your obligations under these Terms and Conditions; or b. fail to pay any amount due under the Contract by the due date for payment; or c. are or become the subject of a bankruptcy order d. enter into a voluntary arrangement under the Insolvency Act 1986
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services and retain the rights to reuse, redistribute and amend any artwork created by us for use in other projects unless prior agreement to release all IP and copyright of all paid projects to the client is sought. This is not withstanding any elements licensed to us in the work created by us such as fonts and design elements which are non transferable.
Liability and indemnity
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract. We are not liable (whether caused by our employees, agents or otherwise) for any indirect, special or consequential loss, damage, costs, or expenses or any loss of profits, anticipated profits, business, data or reputation. Neither are we liable for any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control including a breach in relation to your obligations.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment caused by you or your agents or employees. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions.
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.