Terms and Conditions

Acceptance of quotation and payment of deposit or receipt of purchase order 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.

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 in advance.

3. No creative or development work will commence until the Agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the Agency 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 of each stage as agreed by Agency and Client. (e.g on delivery of printed items, publishing of website, sending of e-shot etc).

5. If a quotation has been provided where a job will be staged, each of those stages will be invoiced. Before proceeding to the subsequent stage, payment must be received in full before the Agency is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) 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 the Agency.

6. If any project exceeds the estimated timeline agreed or extends beyond 8 weeks from approval of quotation (whichever occurs first), the Agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.

7. 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 6 above and how this could have an impact on time scales.

8. Timelines provided are estimated but the Agency 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 (act of God).

9. Costs provided allow for presentation of more than one creative option per brief dependent on Client request. The number of options will be clearly stipulated on the quotation. In the unlikely event that the Client is not satisfied with the first round of presented work, the Agency will develop a further round of additional creative development and presentation (providing the brief hasn't changed from that originally agreed). The Agency reserves the right to potentially bring to an end any agreement with the Client with no refund of deposit or payments made previously.

10. Costs provided allow for a maximum of three sets of Client amends, after which time additional charges may become payable.

11. 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 the Agency is in receipt of written approval confirmation. Any amends to work after approved may incur additional charges for further time spent.

12. Costs provided allow for occasional meetings at key stages for a reasonable length of time between the Agency and Client. Some meetings (such as development meetings involving strategic planning, workshop facilitation and brainstorming sessions) may incur additional charges which will be clearly outlined in a quotation, staged, each of those stages will be invoiced. Before proceeding to the subsequent stage, payment must be received in full.

13. Unless otherwise specified, costs quoted exclude the following where relevant: VAT; print; commissioned illustration, photography or stock images; image retouching; image scanning; font purchase; copywriting; postage, in-house colour print-outs and travel exceeding that allocated within the ‘standard disbursement charge’ above; web hosting (it will often be a prerequisite to host on one of our competitively priced servers, particularly if a website incorporates an e-commerce or content management system); couriers; other third-party costs incurred (such as merchant bank and payment gateway charges, usage) etc.

14. It is assumed that unless otherwise stated, most copy and images will be provided by the Client, although the Agency will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. The Agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required.

15. The Agency 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-liaison to proof checking. Although Clients are not contract-bound to use the Agency 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, the Agency 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.

16. In addition to print suppliers and PR and Media Buyers, the Agency works closely with installation teams, film makers, and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.

17. 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 the Agency 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 the Agency 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 an additional cost. However as long as the Client accepts there may be inconsistencies across work produced, this step may not be necessary. The Agency does not accept any responsibility for colour variations as a result of these indeterminate factors.

18. All designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Them Studio Ltd. Full copyright and ownership of all ‘commissioned’ work will reside with Them Studio Ltd unless a full buyout has been agreed with the Client.

19. Usage terms and conditions relating to any purchased images, fonts, commissioned photography or illustration will be stipulated clearly on quotations or provided as an appendix to the estimate. Required usage must be stipulated and agreed by the Client before negotiations begin.

20. Them Studio Ltd will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the Agency. 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.

21. If requested, the Agency 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 the Agency does not by default (or 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

Them Studio Ltd for non-exclusive future use. Artwork release fees apply, charged at 50% of the conceptual development, design and artwork costs.

22. The Agency will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the Client. We will act reasonably to protect such information and treat it as strictly confidential.

23. The Client agrees to indemnify Them Studio Ltd and keep the Agency indemnified and hold the Agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The Agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The Agency will not be held responsible for any delays, errors or losses arising from any third party.

24. The Client agrees to alert the Agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The Agency will not be liable for any claims made after this period.

25. If the Client is not present during a commissioned photographic shoot, then the photographer's interpretation of the brief is deemed acceptable. Unless stated in writing on the day of the shoot, there is no right to reject on the basis of style or composition unless otherwise agreed.

26. Appropriate credit and acknowledgment for work produced by the Agency should be attributed to Them Studio Ltd 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 the Agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the Client.

27. Assignment Cancellations and Postponements: The total costs for the supply of services will be advised to, and agreed by, the Client prior to the commencement of the work. No work will be carried out by Them Studio Ltd until an authorised purchase order, letter or electronic mail of confirmation has been received from the Client. The Client will be provided with an additional quotation for costs that fall outside the agreed quotation. In the event of a project being postponed or cancelled after confirmation, cancellation fees will be charged at the following rates:

Cancellations: The Client is responsible for the payment of all expenses and third party costs incurred up to the time of cancellation of the assignment, plus 50 percent of the total project or Photographer’s fee. In the case of photographic assignments, ifs
Postponements: Unless otherwise agreed in writing, Client will be charged 100 percent of fees if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party. The Agency recommends that weather insurance is purchased by the Client for any outdoor shoots.

28. These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Them Studio Ltd 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.