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Terms and Conditions

creative mouse branding

The following Terms and Conditions of Service apply to all products and services provided by Creative Mouse and in the event of any dispute are governed by the laws of England. Creative Mouse is the brand/trading name for the creative arm of Creative Mouse Ltd.

All work is carried out by Creative Mouse on the understanding that the client has agreed to our terms and conditions.

 

CHARGES & BILLING

  1.  All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
  2. All estimates are based on expected or agreed design time and include design amendments as agreed by the Client and Creative Mouse where alterations are called for by the Client, or if additional changes are required by the Client.
  3. All charges & prices for services carried out by Creative Mouse are subject to VAT (where applicable) at the current rate
  4. A signed purchase order (preferably with a PO number and project value) will need to be raised for the full quoted and agreed amount before work can commence.
  5. Where there is a change to the agreed brief, Creative Mouse will inform the Client in advance of any extra costs likely to be incurred.
  6. Charges for design work do not cover the release of our copyright design source files, included but not restricted to indd, psd, AI, png or other source files or raw code. Should the Client require these files for transfer to an in-house or other designer or design agency, they may be subject to a separate quotation or ‘buy-out’ charge.
  7. All work is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed.
  8. For all new Clients, Creative Mouse reserves the right to request 50% payment of the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, Creative Mouse must receive full payment not later than 30 days after the date of Invoice. Creative Mouse reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.
  9. Once a Client has agreed to Creative Mouse’s current Terms and Conditions on a credit account, Creative Mouse may invoice in project stages, upon stage completion unless where exceptional terms have been agreed with the client.
  10. Creative Mouse reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.
  11. Disbursements on behalf of any client may result in a request for payment in advance from the Client.
  12. Creative Mouse reserves the right to request final payment be made prior to the handing over of final creative or digital files.
  13. Unless full payment has been made on the Client’s account and all project costs have been cleared, we reserve the right to withhold future supply of goods and, in the case of web services, this may include recalling services including the hosting of websites.
  14. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Creative Mouse judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.

 

PROJECT WORK

  1. All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, Creative Mouse will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
  2. Any indication given by Creative Mouse of a design project’s duration is to be considered by the Client to be an estimation. Creative Mouse cannot be held responsible for any project over-runs, whatever the cause.
  3. Creative Mouse shall always take commercially reasonable steps to meet the Client’s request. Where this is not possible, an alternative, (possible less-favourable) solution may be provided.
  4. Creative Mouse reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of Creative Mouse and such services are deemed to be carried out ‘indirectly’ by Creative Mouse.
  5. Once final proofs/materials have been signed off, Creative Mouse cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
  6. Whilst every effort will be made to achieve agreed delivery dates, Creative Mouse cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of Creative Mouse’s control.
  7. As part of larger projects which involve 3rd parties commissioned directly by the Client, Creative Mouse will not be held responsible in any way for services not carried out/managed directly or indirectly by Creative Mouse.
  8. Where the project requires a number of products to be printed or manufactured, every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. Creative Mouse reserves the right to change/alter ordered amounts in the Client’s best interest.

 

COPYRIGHT & IP

  1. Creative Mouse cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, Creative Mouse will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
  2. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by Creative Mouse.
  3. By supplying images, text, or any other data to Creative Mouse, the Client grants Creative Mouse permission to use this material freely in the pursuit of the design.
  4. All creative work produced (including words, pictures, ideas, visuals and illustrations) and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of Creative Mouse unless specifically released in writing and after all release costs have been settled.
  5. If a choice of designs is presented as part of the creative process, only the chosen design is deemed to be given by us as fulfilling the contract. All other designs remain the property of Creative Mouse, unless specifically agreed in writing.
  6. Should Creative Mouse agree to provide design concepts as part of a pitch (whether free of charge or subject to a pitch fee), the design (which includes the design idea) remains the property of Creative Mouse until such time it is purchased by the Client.
  7. The Client has the right to reject Creative Mouse’s designs but Creative Mouse will pursue damages should the Client utilise the design concept (or the core design idea).
  8. The Client agrees to fully indemnify and hold Creative Mouse free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

 

MATERIALS

  1. It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Creative Mouse by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Creative Mouse will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
  2. In good faith, Creative Mouse shall hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on an ‘open’ project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
  3. Whilst taking every care to protect all media and correspondence supplied, Creative Mouse cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

 

DATA PROTECTION

  1. In accordance with GDPR, should the Client wish for Creative Mouse to handle/process any of their Client data or to provide systems to process personal data (eg web-based databases), it is the Client’s legal responsibility to ensure the processes requested of us are data-compliant and to have a written contract in place with us to carry out such processes. Furthermore, it is the Client’s responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.

 

DISPUTE & LIABILITY

  1. Creative Mouse shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
  2. The Client agreed that Creative Mouse shall hold no responsibility for any amendments made by any third party after the artwork has been supplied by Creative Mouse to the Client
  3. In the event of any dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform Creative Mouse immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
  4. Advice of any loss, quality or damage issues must be reported to Creative Mouse within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to Creative Mouse within 3 working days thereafter. Creative Mouse shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
  5. Any discrepancies relating to any invoice must be reported to Creative Mouse within 1 calendar month from the date of issue. Creative Mouse reserves the right to dismiss any claims and will not be held liable in respect of any claim should the aforementioned requirement not be adhered to.

 

CREDIT & MARKETING

  1. Creative Mouse reserves the right to the addition of our Agency credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.
  2. Creative Mouse reserves the right to use both initial creative concepts and final approved design work for the purposes of Creative Mouse’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
  3. Terms and Conditions may be changed at any time without prior notice.

 

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below:
Creative Mouse Ltd,
Second Floor,
28 Foregate Street,
Worcester,
WR1 1DS