All communications, professional services and/or associated consultation commissioned by clients or prospective clients of Shell Creative are governed by these terms and conditions. By engaging ourselves in respect to our products, services or in relation to any of the aforementioned items, you are hereby agreeing to these terms. These Terms and Conditions may change or be updated from time to time.
Last Updated: 17 June 2011
Shell Creative may supply a summary scope outline of the goods and services we may provide in relation to any communications, brief documentation or requests made by you or ourselves. Unless specifically stated, we reserve the right to discuss, disclose and modify all information exchanged between you and ourselves, both within the company and to its subsidiaries, suppliers or third parties, in order to assist us in the quotation, development and completion of your project. At all other times both you and ourselves agree to respect and protect each party’s confidentiality, commercial sensitivity or respective security classifications, however all information is supplied at your own risk. We will not be held responsible for the loss, misplacement or disclosure of any information or data supplied by you.
We may also supply a milestone schedule relating to key dates or events associated with the development and delivery of your project. This schedule is indicative of average turnaround and expected completion times, and while every effort is made to adhere to intermediary or final milestones, it is subject to change at any time without prior approval. These terms also incorporate any third party or subsidiary supplied milestone dates or schedules, where Shell Creative is acting as an intermediary or whose involvement in the project has an effect on the delivery of our goods and services. If a project is delayed, cancelled, or substantially changed we reserve the right to invoice for payment in full for any work already undertaken, goods or services that have been ordered or delivered, fees and any other associated expenses.
All direct costs associated with our goods and services will be outlined prior to acceptance & commencement of the project. These may also include bought-in, indirect or third party service or product costs which are supplementary to the goods and services we provide. We reserve the right to charge additional fees for any subcontracted or incidental goods or services used in connection to the project. In addition, extra or unforeseen third party costs which fall outside the scope of the quotation may not be reflected in documentation prior to agreement. Several reasons dictate the final cost of the project may vary to the original quotation, including but not limited to; circumstances that are not reasonably within our control, changes made by the client that are substantially different from the initial brief, unanticipated increases in overheads, expenses or exchange rates or any delay or disruption to the project or milestone schedule by the client. All quotations or estimates will be either supplied at a fixed price and/or based on a certain amount of hours or dates, charged at a specified rate, with a minimum duration of no less than one hour.
Payment is due in full 30 days from the end of the month in which the invoice supplied by ourselves is dated. On completion or termination of the project, payment should be made in full within the aforementioned timeframe, by cash, online payment, cheque or bank transfer (BACS). Invoices will include any relevant taxes or other charges. All prices are shown in Pounds Sterling. Additional charges for any amount outstanding after 30 days from the end of the month in which the invoice is dated will apply, including statutory interest charged at rate of eight point five percent.
All information, communications, designs, services and work produced in connection to client projects belong only to Shell Creative. Following completion of a project and payment of all outstanding invoices, we will grant licence to use our work for the purpose intended and specified in the original brief or development outline(s).
In regards to usage of our work, you must; ensure ownership of all copyright, rights, licenses and/or legal approval of copyright holders, rights owners and licensors material(s) supplied by you to be used in connection to the work by ourselves, ensure no infringements of third party rights or reproducibility limitations, and ensure all usage of our work complies with respective laws and regulations both within the UK and in the country / origin where the work is reproduced. You must not make any amendments or changes to the artwork unless specifically agreed by ourselves or allow any third parties to make amendments or changes to the artwork without our approval. Unless otherwise stated and on approval, any changes will be made under supervision by Shell Creative charged at a specified hourly rate. Under no circumstance will Shell Creative, it’s employees, contractors or subsidiaries be responsible for the approval or release of content to be used in conjunction it’s products or services, including but not limited to, text, images, photos, graphics, video, media, animation, and the client assumes all responsibility for the accuracy and relevance of content used within our designs, products and services.
These terms and conditions are a legally binding document. You should read them carefully and make sure they contain everything you want and nothing you are not prepared to agree to. These conditions replace all previous contracts, understandings and representations in relation to our goods and services, whether spoken or written.
We reserve the right to cancel any commitments or obligations made in any documentation or information exchanged should you fail to comply with any of the conditions outlined in these terms, including the right to invoice in full for all work, expenses, fees and associated costs in connection with the project. Should this occur, all licences or permissions to use our work will be revoked.
Shell Creative Limited. Registered in England and Wales No. 5622505. Registered Office: 295-297, Church St, Blackpool, Lancashire FY1 3PJ.
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