Terms of Business.
Terms of Business.
The company or individual requesting the services of Laura Hough Creative or our trusted partners.
Laura Hough Creative.
Graphic Designer, Developer, provider of promotional materials, employees or affiliates.
These terms and conditions should be read and understood (where applicable in conjunction with any quotation provided by Laura Hough Creative) and structure an obligatory agreement between the client(s) and Laura Hough Creative.
These terms and conditions apply in full and exclude all other terms and conditions whether provided by the client or any third party unless previously agreed by Laura Hough Creative in writing.
- Laura Hough Creative do, in consideration of the payment to them by client to of the fees as accepted in the quotation, agree to provide the goods and/or services described in the same quotation subject to these terms.
- The client will cooperate with and act in good faith towards Laura Hough Creative and provide on request such source materials including those listed in the quotation.
- Laura Hough Creative requires receipt of a pre-payment for the first project from clients working on a project only basis, before commencing work. No works will be entered into until such notification and payment has been received. Unless previously agreed in writing and signed by Laura Hough Creative, the client shall pay Laura Hough Creative the monies as prescribed on an official invoice without deduction on receipt of invoice.
- Laura Hough Creative shall be entitled to charge a one-off administration payment of 5% of the invoice value on any overdue payment (payment terms 30 days). Any additional reasonable costs incurred in the collection of such overdue payments will also be payable by the client.
- Laura Hough Creative may charge additional fees in the event of delays or additional works caused or required by the client, including its failure to provide Laura Hough Creative with such information, materials, instructions, media or approvals, as are reasonably required for the supply of the works, appropriately and/or on time. Laura Hough Creative also reserves the right to make additional charge in the event of changes to the cost of labour, materials, services and other conditions outside Laura Hough Creative’s reasonable control, or if the client requires the supply of additional or varied works, goods and services in addition to those described in the quotation to which these terms apply.
- If the client requires any change or alteration to the works stated in the quotation, Laura Hough Creative and the client shall, prior to any change being implemented, agree the nature of the change, the procedures for implementation of such a change, and the deviation to the quotation in respect of the fees. Laura Hough Creative will continue to provide the goods and/or services described in the quotation until any such change has been formally proposed and agreed by both parties.
- All copyright, design right, registered designs, trademarks, patents, database rights and confidential information and ideas and all other rights whatsoever of a like nature worldwide whether registered or not of whatever nature in material devised, created or commissioned by Laura Hough Creative, in supplying the works and under this agreement will vest in and belong to Laura Hough Creative unless otherwise agreed and specified in writing on the request or otherwise and signed by both Parties.
- In consideration of, and upon payment of, the fees in full, the client shall have the rights of use as set out in the quotation. Such rights shall take effect on receipt by Laura Hough Creative of the fees. Where no such rights are specified the client is granted a non-exclusive licence to use the works for the purpose described in the quotation. Rights of Use shall be extended only with the consent of Laura Hough Creative and payment of additional fees.
- The client undertakes that it will keep secret and confidential the terms of this agreement and any information supplied by Laura Hough Creative in connection with this agreement or the business of Laura Hough Creative (including the Proposal) and the works and shall not disclose or make available such information or part thereof to any third party (except to its own employees and advisers and then only on a need to know basis) without Laura Hough Creative’s prior written consent provided that this Clause shall not extend to information which was and can be shown to be rightfully in the possession of the client prior to the commencement of the negotiations leading to this agreement or which is in the public domain (other than as a result of a breach of this Clause); the client undertakes to Laura Hough Creative to indemnify and hold harmless Laura Hough Creative in full and defend at its own expense Laura Hough Creative against all costs, damages and losses incurred by Laura Hough Creative arising out of its use of the materials or breach by the client of this clause.
- The client shall not modify, adapt or translate the works except with the prior written consent of Laura Hough Creative or as otherwise permitted by law where all modifications, adaptations, translations shall belong to and vest in Laura Hough Creative unless otherwise agreed and specified in writing on the quotation.
- Laura Hough Creative warrants that it will use reasonable efforts to ensure that the works do not infringe the copyright of any third party. However Laura Hough Creative accepts no responsibility for any infringement of copyrights to any third party, this responsibility lies firmly with the client.