Terms of business
These are our standard terms of business. By accepting an estimate or paying a deposit or any invoice, you agree to these terms. No retrospective changes in these terms can be made without written agreement from Fusing Creativity.
Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Fusing Creativity. This agreement may be made by email or in writing. Important: Approval for the work to commence assumes that the client accepts these terms and conditions.
Intellectual Copyright: Fusing Creativity will hold intellectual copyright of any material, including any ideas/planning, campaigns designed for the client until payment of the final invoice. At this time it will become the property of the client.
Cancellation: Should the client wish to cancel at any point during the process of project work after being given confirmation that the project is approved they shall remain liable for the work that has taken place and shall be invoiced accordingly. In the case of retained monthly work the client is required to provide a minimum of ONE CALENDAR MONTH notice of cancellation, AFTER the agreed minimum term period. (if no minimum term period is agreed outside of these terms, then 120 days is assumed)
Quotations/Estimates: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work commences, then we will accept these changes with the provision that additional charges may have to be negotiated. Estimates are generated in good faith using the information given to guide the price for the project.
Payment terms:
Project Work: Part payment of 50% is required before work is commenced and remaining balance after final sign off is required within 14 days from the date of the invoice (unless otherwise agreed by Fusing Creativity).
Retained work: Fusing Creativity will invoice the client monthly; the first such invoice to be issued prior to the first month of the Initial Contract Period and due prior to work commencing. The following months invoices will be issued at the beginning of subsequent month and payable within 14 days of receipt.
Out-of-pocket expenses will be invoiced within ninety (90) days after the date they are incurred, not to exceed £100 per month unless a different figure has been agreed. Any other or large out-of- pocket expenses will be pre-approved by the client, which will pay invoices within 14 days of receipt. Payment is currently accepted by bank transfer.
Late payment: All amounts due over thirty (30) days from bill date will bear interest at the rate of twelve percent (12%) per annum (or such lesser rate, as may be the maximum permissible rate under applicable law). This charge will be in addition to any other remedies Fusing Creativity may have with respect to late payment.
Work on this account may be temporarily discontinued in Fusing Creativity’s sole discretion and on five (5) days prior notice to the client if payments are overdue more than forty-five (45) days from bill date.
Payment is currently accepted by cheque or bank transfer. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a ‘returned cheque’ charge of £25. Cheques should be made payable to ‘Jeni Cantle’ or ‘Fusing Creativity’ and incur a £2 charge please add this to your invoiced amount if paying by cheque.
Indemnification and Terms: The Client agrees to defend, indemnify and hold Fusing Creativity harmless against any loss, cost or expense (including reasonable attorney’s fees) Fusing Creativity sustains or incurs as a result of any third party claim, suit or proceeding made, brought or threatened in connection with services properly undertaken on behalf of The Client This clause will survive any termination of this Agreement.
Nothing in this Agreement will be construed so as to constitute any party an agent with authority to bind another except as specifically approved in writing by the party to be so bound.
Nondisclosure: During the term of this Agreement, Fusing Creativity agrees to hold in confidence and not to disclose, unless authorized by The Client, all the confidential and proprietary information disclosed to Fusing Creativity by The Client. The obligation set forth in this clause shall not apply if:
a. The information was already known by Fusing Creativity prior to disclosure of such information by The Client;
b. The information is publicly available at the time of disclosure to Fusing Creativity or thereafter becomes publicly available through no fault of Fusing Creativity, or
c. The information is subsequently disclosed to Fusing Creativity by a third party under no obligation to The Client not to disclose such information
NOTES
Should Fusing Creativity waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Fusing Creativity to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
Fusing Creativity reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
The Client agrees to the terms of this agreement on behalf of his or her organisation or business either by printing and signing this agreement or by paying the first invoice or accepting an estimate – verbally or otherwise.
