1. General Terms & Conditions of Business
1.1 Quotes & Prices
1.1.1. All quotes/estimates are valid for 30 days from the date of submission.
1.1.2. Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time.
1.1.3. Unless otherwise stated, photography, film production, stock images, delivery, copywriting and VAT will be charged extra.
1.1.4. If the contract or hourly price has not been fixed for the term of a contract, our hourly rate of £65.00 will apply.
1.1.5. Cave Creative Limited reserves the right to alter the hourly rate at any time as business needs dictate.
1.1.6. Quotes/estimates are based on Cave Creative Limited’s current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
1.1.7. Any estimates given by Cave Creative Limited as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.
1.1.8. Any stated timescale is reliant upon the client providing all required information/copy/images within the time set out at project initiation.
1.2.1. Cave Creative Limited reserves the right to sub-contract the fulfilment of an order or any part thereof.
1.2.2. Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. All images need to be supplied as EPS illustrator vectors for logos and Photoshop Tiffs or high resolution Jpegs (300dpi min) for pictures. Any logos that need to be re-drawn will be charged extra at our hourly rate. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.
1.2.3. Should the Client supply text, artwork or images, Cave Creative Limited is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.
1.2.4. Cave Creative Limited shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
1.2.5. Origination and/or conceptual work and any copyright subsisting therein shall remain the property of Cave Creative Limited unless otherwise agreed in writing with the Client.
1.2.6. The Client’s property and property supplied to Cave Creative Limited on behalf of the Client, while it is in the possession of Cave Creative Limited or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.
1.2.7. Cave Creative Limited may charge rent for storage of goods retained at Client’s request, or items left with Cave Creative Limited before receipt of the order or after notification to the Client of completion of the work.
1.2.8. When required to expedite project delivery ahead of the time needed for proper production of a given deadline, Cave Creative Limited shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.
1.2.9. Cave Creative Limited shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
1.3 Invoices & Payment
1.3.1. Payment must be made no more than 30 days after date of invoice unless otherwise agreed in writing in advance.
1.3.2. We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.
1.3.3. All work remains copyrighted to Cave Creative Limited until settlement of relevant fee account.
1.3.4. All invoices are subject to UK VAT at the current rate, unless a valid exemption certificate is provided.
1.3.5. All payments must be in UK Pounds Sterling.
1.3.6. All work completed after project inception will be billed as it is completed at the end of every calendar month as Work in Progress (WIP) until the conclusion of the project.
1.3.7. If Cave Creative Limited incurs any costs as a result of the Client’s neglect or default, Cave Creative Limited may charge those costs to the Client in addition to the contract price.
1.3.8. The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise. A 50% rejection fee is applicable on all designs executed by Cave Creative Limited should the Client cancel their contract/order.
1.3.9. When payment is overdue, Cave Creative Limited may suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
1.3.10. Cave Creative Limited may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.
1.3.11. If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50 for each occurrence.
1.4.1. Proofs, pull samples, specimens, sketches, photographs, links or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.
1.4.2. Colour proofing is chargeable at £5 per A3 sheet and £2 per A4 sheet. Mono proofing is chargeable at £2 per A3 sheet and £1 per A4 sheet.
1.4.3. After approval the Client shall have no claim against Cave Creative Limited for errors in the exemplar as approved by them.
1.5.1. If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, Cave Creative Limited without prejudice to other remedies shall:
22.214.171.124. Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to him.
126.96.36.199. In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
1.6 Force Majeure
1.6.1. Cave Creative Limited shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to Cave Creative Limited elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.
1.7 Information Provided by You
1.7.1. You warrant that the name, address and payment information provided when you place your order with Cave Creative Limited will be correct and you agree to notify Cave Creative Limited of any changes in the name, address and/or payment details.
1.7.2. You agree that Cave Creative Limited may disclose your name and address where any enquiries are made.
1.7.3. You warrant that you possess the legal right and ability to enter into this Agreement and to use Cave Creative Limited’s services in accordance with this Agreement.
1.8.1. You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.
1.8.2. Cave Creative Limited will notify you promptly of any claim for which Cave Creative Limited seeks specific indemnification at the currently supplied address. Cave Creative Limited will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Cave Creative Limited’s interests, as reasonably determined by Cave Creative Limited and/or its legal representatives.
1.9 Limitation of Liability
1.9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, are subject always to sub clause 1.9.2.
1.9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
1.9.3. In any event, no claim against Cave Creative Limited shall be brought unless you have notified Cave Creative Limited of the claim within one year of the issue arising.
1.9.4. In no event shall Cave Creative Limited be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Cave Creative Limited’s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Cave Creative Limited.
1.9.5. Cave Creative Limited warrants that its services will be provided using reasonable care and skill. Where Cave Creative Limited supplies any goods supplied by a third party, Cave Creative Limited does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to Cave Creative Limited.
1.10 General Terms
1.10.1. These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts.
1.10.2. Cave Creative Limited shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
1.10.3. All quotes/estimates, briefs and other Client/Agency documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
1.10.4. These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between Cave Creative Limited and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between Cave Creative Limited and the Client in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressly made in this Agreement.
1.10.5. Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.
1.10.6. Headings, numbering and summaries are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
1.10.7. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Cave Creative Limited as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Cave Creative Limited. You agree that Cave Creative Limited will not be liable by reason of any representation, act or omission to act by you.
1.10.8. Cave Creative Limited reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
1.10.9. If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.
1.10.10. This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.
1.10.11. You shall not assign this Agreement or any benefits or interests arising under this Agreement without Cave Creative Limited’s prior written permission.
1.11 Service Level Agreements
1.11.1. The hours provided in Service Level Agreements (SLA) can be used in any way, other than for fixed costs and essential services – such as web hosting or advertising placement – or towards payment of debts or existing/quoted jobs.
1.11.2. Once an account handler at Cave Creative Limited has been given a job brief as part of the SLA, should the work take longer than 30 minutes, we will endeavour to provide a total estimate of how long the job will take for approval by the Client before any work is commenced.
1.11.3. For each job requested by the Client as part of the SLA, a minimum of 15 minutes will be deducted from the remaining SLA time allowance.
1.11.4. All hours worked as part of an SLA are recorded and can be forwarded to the Client on request.
1.11.5. Once a Client approaches the final two hours of their SLA allowance, Cave Creative Limited will endeavour to notify them automatically via email, providing the opportunity to purchase another SLA.
• 1.11.6. Any hours that have not been used within the initial 12 months after purchase will roll over to the following year, up to a maximum of 24 months. However, although Cave Creative Limited reserves the right to increase the hourly rate as business needs dictate, the hours in an SLA will be honoured at the original rate at which they were purchased for one year, after which time, any roll-over hours will be applied to subsequent years at the new hourly rate.
2. Artwork and Print Terms & Conditions
2.1.1. After initial design and layout, referred to as ‘RevA’ an electronic proof will be submitted for author’s corrections to be identified. These corrections will be carried out inclusive of the quoted price as will a second stage referred to as ‘RevB’. On approval of a third electronic proof, referred to as ‘RevC’ again inclusive of the quoted price, the design will be classed as complete, where a final file will be provided for full Client sign off. Any additional author’s corrections requested after the third electronic proof is submitted will be charged at our normal rate of £65.00 per hour.
2.2.1. Standing matter and printers’ materials of any kind are effaced or disposed of immediately after the order is executed unless written arrangements are made for retention in advance.
2.2.2. Cave Creative Limited shall not be required to work to tolerances closer than those applicable to the materials obtained by him in the ordinary course of trade. No liability shall arise from variation in the standard, quality and performance of such materials.
2.2.3. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour and 10% for other work being allowed for overs or shortage (4% and 8% respectively for quantities exceeding 50,000) the same to be charged or deducted.
2.3 Materials supplied by the Client
2.3.1. Cave Creative Limited will not be responsible for imperfect work caused by defects in or unsuitability of material and equipment supplied by the Client. Cave Creative Limited will not be responsible for Client’s material wasted in course of production. Extra costs incurred through the use of defective materials or equipment supplied are for the Client’s account.
2.3.2. Cave Creative Limited may reject any paper, plates or other materials supplied or specified by the Client which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Cave Creative Limited in ascertaining the unsuitability of the materials then that amount shall not be charged to the Client.
2.3.3. Quantities of materials supplied by the Client shall be adequate to cover normal spoilage.
2.4 Machine Readable Codes
2.4.1. In the case of machine readable codes or symbols, Cave Creative Limited shall print the same as specified or approved by the Client in accordance with generally accepted standards and procedures.
2.4.2. The Client shall be responsible for satisfying themselves that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.
2.4.3. The Client shall indemnify Cave Creative Limited against any claims by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of Cave Creative Limited to comply with any of the above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.
2.5.1. Goods will be dispatched or must be collected by the Client when ready and the Client shall not refuse or delay delivery.
2.5.2. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Cave Creative Limited and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Cave Creative Limited and the carrier within seven days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other complaints and claims must be made in writing to Cave Creative Limited within 28 days of delivery. Cave Creative Limited shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that it was not possible to comply with the requirements and advice (where required) was given and the claim made as soon as reasonably possible.
2.5.3. Goods completed but not delivered shall thereupon forthwith become due and payable. Moreover after the expiration of 14 days notice Cave Creative Limited may exercise a general lien on all the Client’s goods and property in our hands and may dispose of such goods and property as they see fit and apply the proceeds towards such debts. Cave Creative Limited may also elect to cancel further work and/or not produce any unmade balance of such contract and recover from the Client any losses sustained by so doing.
2.5.4. Cave Creative Limited shall not be liable for any loss to the Client arising from delay in transit howsoever caused.
2.5.5. The risk in the goods passes to the Client upon delivery (whether to the Client or to a common carrier) but legal and beneficial ownership shall remain with Cave Creative Limited until payment in full has been received (each delivery being considered as a whole). Until the date of payment the Client, if so required by Cave Creative Limited, shall store the goods in such a way that they are clearly identifiable as the property of Cave Creative Limited.
3. Digital Media Terms & Conditions
3.1.1. Cave Creative Limited can only program sites to be as secure as reasonably possible at the time of delivery and can not offer indemnity against future threats/developments.
3.1.2. Once Cave Creative Limited has deemed a project to be complete, any amendments will be charged at Cave Creative Limited’s standard billing structure of £65/hour.
3.1.3. Cave Creative Limited develops websites for compatibility with the current version of Google Chrome and Safari: not all previous versions or every browser. If further compatibility is required, Cave Creative Limited must be advised at the outset.
3.2.1. The ownership of the web pages and copyright therein shall remain with Cave Creative Limited until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright shall pass to the Client for page text and graphics specific to the Client.
3.2.2. Ownership of all code used in processing web pages shall remain with Cave Creative Limited and it is expressly agreed that the use of such code in processing the web pages does not confer any passing of title from Cave Creative Limited to the Client.
3.3.1. The Client shall supply the copy for your web pages in electronic form and shall be entirely responsible for the content of the web pages.
3.3.2. All images uploaded to websites by the Client (via CMS, FTP or other) should be optimised (compressed file size). Cave Creative Limited can provide advice on the best image editing software packages, but accepts no responsibility for the performance or compatibility of third-party software, or the results they produce.
3.3.3. When a test link is provided, it is the responsibility of the Client to test the functionality, read and check all copy, as well as approve the design and images used before approval is given.
3.3.4. Cave Creative Limited can provide legal disclaimers and privacy policies; but it is the responsibility of the Client to confirm with their own legal advisers that these meet their individual requirements, as Cave Creative Limited accepts no responsibility for their accuracy, relevance or currency.
4. Website Hosting and Email Terms & Conditions
• Cave Creative Limited offers website hosting and database hosting services through the use of third party providers and is subject to requirements set out in these terms and conditions and any other relevant terms and conditions, policies and notices which may be applicable to the supply of hosting services.
• Below is a summary of the main points covered in these terms:
• Whilst we and our suppliers will always endeavour to give you the best possible level of service, we cannot guarantee 100% availability of service.
• Cave Creative Limited and our suppliers accept no responsibility for any losses caused through a loss of service.
• Your service will be removed if you fail to pay in time or misuse the service.
• Cave Creative Limited will not be liable for any costs to restore your service once it has been removed. Specifically, any websites with databases will require reprogramming once they have been removed from their original server.
• Any work undertaken by Cave Creative Limited at the request of the Client will be charged at our standard rate of £65 per hour, including investigations regarding problems or loss of service that are not due to Cave Creative Limited or our suppliers. Cave Creative Limited should only be contacted after you and your IT professional/advisor have established that any problems are not due to you or your systems.
4.1 Website & Email Content & Use
4.1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You warrant the accuracy, truthfulness and reliability of any information (including, where applicable, statements of opinion or advice) which you place or allow to be placed on your web pages. You warrant that you are authorised to promote and/or provide any information which you promote and/or provide on your web pages (for example if you are providing financial information, that you hold any necessary authorisation under all relevant legislation including the Financial Services Acts).
4.1.2. You represent, undertake and warrant to us that you will use the website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
188.8.131.52. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
184.108.40.206. You will not host, post, publish, disseminate, link to or transmit:
220.127.116.11.1. Any material or information which is unlawful, infringing, threatening, abusive, malicious, defamatory, obscene, indecent, blasphemous, profane or otherwise objectionable in any way.
18.104.22.168.2. Any material containing a virus or other hostile computer program.
22.214.171.124.3. Any material or information which constitutes, or encourages the commission of a criminal offence, or which threatens, harasses, stalks, abuses, disrupts or violates the legal rights (including rights of privacy and publicity) of others, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
126.96.36.199. You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our suppliers network using bulk email.
188.8.131.52. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
184.108.40.206. You shall observe the procedures which we may from time to time prescribe and you shall make no use of the Server which is detrimental to other customers.
220.127.116.11. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
18.104.22.168. In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Server will not be used by anyone under the age of 16 years.
22.214.171.124. You are entirely responsible for any civil or criminal liability that is incurred as a result of any use of your web pages. If you post or allow to be posted a defamatory or libellous message, it is you that will be deemed to have published it and you shall be liable for the consequences of it.
4.1.3. We and our suppliers reserve the right to remove any material which they deem inappropriate from your web site without notice (specifically, but not restricted to, Warez and illegal MP3 content).
4.1.4. If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant legislation including Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts. If you are advertising goods in the course of a trade or business this must clearly be so stated.
4.2.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us and shall be due and payable in advance of their service provision without any set-off or other deduction. We reserve the right to change pricing at any time, although all pricing is guaranteed for the current subscription period.
4.2.2. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.
Acceptance of quotation and/or payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.
1) All costs provided exclude VAT where applicable and are valid for thirty days from the date of the quotation.
2) The costs provided 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 those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.
3) No creative or development work will commence until Cave Creative Limited has received written approval of the quotation (by hand or by email) and in certain cases a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that Cave Creative Limited is fully equipped to provide the very highest levels of service and expertise, from project inception 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.
4) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of logo, delivery of printed items, deployment of website, sending of e-shot etc): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
5) If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before Cave Creative Limited is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% 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 Cave Creative Limited.
6) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), Cave Creative Limited 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.
7) Any printing, fulfilment, mailing or third-party services that are provided by Cave Creative Limited 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 discretion of Cave Creative Limited and may in some cases be as much as 100%). Please note that Cave Creative Limited will be unable to proceed to this stage without receipt of proof of this payment.
8) Unless otherwise stated above or previously agreed in writing, all invoices are due within 30 days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.
9) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by Cave Creative Limited is subject to options chosen and client co-operation in provision of information, resource (logos, images etc) and approval. Cave Creative Limited 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 result in delays. Time lines provided are estimated but Cave Creative Limited 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).
10) Fees provided allow for 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, Cave Creative Limited will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, Cave Creative Limited reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
11) Costs provided allow for a maximum of three sets of client amends, referred to as ‘RevC,’ after which time additional charges may become payable, although the client would be made aware of this in advance.
12) At the end of each stage of the process (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 Cave Creative Limited is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
13) Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between Cave Creative Limited and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
14) Unless otherwise agreed in writing, projects may be subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel, postage etc.
15) Unless otherwise agreed in writing, our fees exclude: VAT where applicable; stock library images, photography or video; bespoke illustration; copywriting; website hosting or backups; translation services; travel and accommodation; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
16) It is assumed that unless otherwise stated, most copy and images will be provided by the client, although Cave Creative Limited will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. Cave Creative Limited is able to provide a full copywriting service or copy advice, as well as illustration, photography and film production at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at £5 + VAT per image (dependent on source, image size and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 15% + VAT, with prior client notification.
17) Cave Creative Limited recommends that 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 service: from print sourcing to print-liaision to proof checking. Although clients are not contract-bound to use Cave Creative Limited to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, Cave Creative Limited will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
18) In addition to print suppliers, Cave Creative Limited works closely with other third-party partners and suppliers, including sign manufacturers and installers, photographers, illustrators, film makers, interior designers, external website developers and coders, and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
19) Clients should be aware that due to a variety of factors there will often be 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 (each output source e.g Cave Creative Limited printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this Cave Creative Limited 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 the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. Cave Creative Limited does not accept any responsibility for colour variations as a result of these indeterminate factors.
20) 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 Creative Clinic. Full copyright and ownership of all ‘commissioned’ work will reside with Creative Clinic until full payment has been received, at which point Cave Creative Limited 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 acknowledgment appearing wherever possible and Cave Creative Limited’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
21) Cave Creative will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to Cave Creative Limited. 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.
22) If requested, Cave Creative Limited will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc). However Cave Creative Limited does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) 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 Creative Clinic for non-exclusive future use.
24) The client agrees to indemnify Cave Creative Limited and keep Cave Creative Limited indemnified and hold Cave Creative Limited harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Cave Creative Limited is not liable for any loss that may occur before, during or after the development of projects undertaken. Cave Creative Limited will not be held responsible for any delays, errors or losses arising from any third party.
25) The client agrees to alert Cave Creative Limited in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. Cave Creative Limited will not be liable for any claims made after this period.
26) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
27) Cave Creative Limited offers a web hosting service to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, Cave Creative Limited is 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 websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. Cave Creative Limited makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall Cave Creative Limited, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these can be provided upon request.
28) Appropriate credit and acknowledgment for work produced by Cave Creative Limited should be attributed to Cave Creative where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for Cave Creative Limited’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
29) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Cave Creative Limited 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.