Terms
General
Project Acceptance

At the time of proposal, Think!Creative will provide the customer with a written estimate or quotation.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Think!Creative. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Think!Creative’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Think!Creative.

Estimates

All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Price Breakdown

The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Provision of Materials

You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. We accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.

If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged at our standard rate. We accept no responsibility for the delay caused in providing you with the final work as a result of your supplying us with insufficient or unsuitable materials.

Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Payment

New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

Clients will normally be invoiced on completion of work on our standard 30 days terms. For larger projects, such as website development, we will require staged payment. This would normally be three equal payments at stages to be agreed with the client.

Payments may be made by online transfer, cash or cheque. Publication and/or release of work done by Think!Creative on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £50 per returned cheque. Think!Creative reserves the right to consider an account to be in default in the event of a returned cheque.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Think!Creative shall be considered entitled to remove Think!Creative and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Think!Creative reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Think!Creative holds no responsibility for any amendments made by any third party, before or after a design is published.

Copyrights and Trademarks

By supplying text, images and other data to Think!Creative for inclusion in the customer’s material, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Think!Creative on behalf of the customer, will remain the property of Think!Creative and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988

The customer may request in writing from Think!Creative, the necessary permission to use materials (for which Think!Creative holds the copyright) in forms other than for which it was originally supplied, and Think!Creative may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Think!Creative, the customer grants Think!Creative permission to use this material freely in the pursuit of the design.

Should Think!Creative, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Think!Creative to remove and/or replace the file.

The customer agrees to fully indemnify and hold Think!Creative free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Copyright of deliverables (printed materials) becomes the ownership of the client upon receipt of full payment.

We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Source Files

Intellectual Property is retained by Think!Creative on all design work and files including words, pictures, ideas, visuals and illustrations created by Think!Creative.

If a choice of design is presented, only one solution is deemed to be given by Think!Creative as fulfilling the contract. All other designs remain the property of Think!Creative, unless agreed in writing that this arrangement has been changed.

Charges for design work do not cover the release of copyright source files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

Licensing

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Think!Creative will not be held responsible for any and all damages resulting from such claims. Think!Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Think!Creative responsible for any such loss or damage. Any claim against Think!Creative shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Think!Creative’s definition of acceptable means of supplying data to Think!Creative.

Text is to be supplied to Think!Creative in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP

Images which are supplied in an electronic format are to be provided in a format as prescribed by Think!Creative via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Think!Creative will not be held responsible for any image quality which the client later deems to be unacceptable. Think!Creative cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

Design Project Duration

Any indication given by Think!Creative of a design project’s duration is to be considered by the customer to be an estimation. Think!Creative cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Think!Creative for the initial payment or by date confirmed in writing by Think!Creative.

Design Project Completion

Think!Creative considers the design project complete upon receipt of the customer’s signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Design Credits

The customer agrees to allow Think!Creative to place a small credit on printed material exhibition displays, advertisements and/or a link to Think!Creative own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Think!Creative to place websites and other designs, along with a link to the client’s site on Think!Creative own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

Think!Creative will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.

Think!Creative also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Think!Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Think!Creative to remove the contravention without hindrance, or penalty. Think!Creative is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Think!Creative will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Think!Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Data Protection

Think!Creative agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred.

Disclaimer

Think!Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Think!Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Think!Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Think!Creative responsible for any such loss or damage. Any claim against Think!Creative shall be limited to the relevant fee(s) paid by the customer.

Think!Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Think!Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Think!Creative and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time. Think!Creative recommend that extra time made available should the job be delayed.

Online Services
Website Approval

Once a client has agreed the look and feel proof for the website and instructed Think!Creative to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.

Clients have a period of 14 days in which to revert back any further changes and corrections after which Think!Creative reserve the right to make additional charges for further work.

Website Updates & Site Maintenance

These are charged at our standard rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from a prepaid package if you have this account with us.

Rights of Access for Website Construction

The client agrees to allow Think!Creative all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Think!Creative access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Think!Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Systems

Any systems, including eCommerce, bespoke systems and Content Management Systems (CMS), provided to the client remain the intellectual property of Think!Creative and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution.

E-commerce/CMS

E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Think!Creative’s job is done. Think!Creative offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. Additional training and support packages are available, and again the prices for these services are available on request.

Warranty

Think!Creative guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Think!Creative proving to be faulty or defective will be repaired/replaced free of charge to the working standard equivalent to launch.

The client acknowledges that it is the client’s responsibility to ensure that the facilities and functions of the Licensed Materials meet the client’s requirements

If a problem is found upon investigation not to be the Think!Creative’s responsibility, Think!Creative may charge the client immediately for all reasonable costs and expenses incurred by Think!Creative in= the course of or in consequence of such investigation.

Hosting websites

Think!Creative offers a limited in-house hosting services through an out-sourced virtual server. Think!Creative does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Think!Creative may request that clients change the type of hosting account used if that account is deemed by Think!Creative to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Think!Creative’s virtual server are due at the commencement of any period of service and are nonrefundable. Fees due to third party hosting organisations are the responsibility of the client and Think!Creative are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Exceptions (Web)

We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Think!Creative: Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Think!Creative cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Think!Creative recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Domain registration

Think!Creative cannot guarantee the availability of any domain name. Where Think!Creative is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Payment Terms (Web)

When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you must review the site and ask for any amendments to be made within two weeks. The site can be kept live for a longer period if you specifically request this.

We will put the site live on its own domain name, you are not permitted to point your own domain name to the test site on Think!Creative servers. If this is found to be the case, we reserve the right to remove the site from our server.

Print Services
Print Proof Agreement

If Think!Creative has provided you with a proof, your approving this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof.

By approving the proof, you absolve Think!Creative of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have approved the proof, you are not able to make any changes to the final product, nor are you able to hold Think!Creative responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against Think!Creative for any aspect of the work with which you are later dissatisfied. Approving the proof means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work.

Making Changes After Proof Stage If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur charged and this is passed on to you as part of the total charge.

Print Quality

Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, Think!Creative cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.

Quantity Supplied

Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

Claims

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Think!Creative within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Think!Creative and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch).

All other claims must be made in writing to Think!Creative within 28 days of delivery. Think!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.

Standing Material

All materials (including but not limited to film, plates, negatives and positives) produced and used by Think!Creative during the production process remain the property of Think!Creative. Where these materials are provided by the client, they remain the property of the client.

Think!Creative reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.