T&Cs
The Terms and Conditions (Terms) together with our engagement letter (Engagement Letter) constitute the agreement between us and set out the basis on which we will provide our services to you.
1. We usually have three stages of payment. Securing a booking (25% deposit) i.e. a Pack/add-on, signing off the design (further 50% payment) with an email confirming that you (the client) is satisfied with the design and are ok for us to proceed with any printing and (final 25% payment needed to get the items delivered) to you.
In the event of a disagreement during the initial stage or later, your deposit and/or any transactions will become non-refundable.
2. Upon acceptance of this Agreement, we will consult with you regarding the content and design of your Logo and other elements of the package and agree with you the Design Brief (Questionnaire) within two business days.
3. We shall within a reasonable time and in any case within 10 Business Days from the date you provide us with the Design Brief, we will provide you with the Initial Design.
3a. We understand, revisions are part of the design process and they cannot be avoided. All our packages have 3 Major Revisions and 5 Minor Revisions included in the package price.
Revisions Explained: Once a design draft is presented, the client has a specified number of working days (10 working days) to provide their initial feedback.
Once all of the comments, ideas and questions are consolidated, we will provide a new version, that’s the end of that round of revision.
For instance: “Moving photos and text around the page means we are doing layout changes and that’s a Major revision. However, changing a short text phrase here and there is a Minor revision.” Any revisions after the ones included, will be charged as follows: Each Major Revision: £20 | Each Minor Revision: £8
4. Within 10 Business Days from receipt of the Initial Design, you shall either accept the Initial Design (in which case our Fees will become due and payable) or provide us with your comments relating to any changes you reasonably require (that do not drastically differ from the Design Brief) and we shall make such amendments accordingly and resubmit the Initial Design to you.
4a. We reserve the right to increase our Fees in the event that you request (and we agree) a material change to the Services provided or the Design Brief.
4b. If acceptance of agreement has not taken place within 10 Business Days of you receiving the first Initial Design, we may, by written notice to you, terminate this Agreement in which case you will forfeit any monies paid to us by way of a deposit but otherwise in such circumstances neither of us shall have any further obligations or liability to the other.
5. After the Initial stage has been agreed, the final design will be delivered to you.
6. Upon receiving email confirmation of the final design from you, Vibrant-Creative Ltd will then provide you with the Digital proof outlining all the elements from the selected pack.
6a. Once Vibrant-Creative Ltd delivers the final concept and design (approved by you) for the selected pack and/or any add ons, you will have 24 hours for the final check after which the materials which need printing will be sent to print. Vibrant-Creative Ltd then holds no responsibility of any errors (spell check, colours, fonts etc.) which were not notified by this stage. And hence, all the fees would be liable to be paid by you. Please note: The printed colours may slightly vary from the digital version of your design.
6b. Upon the approval of the Design, Vibrant-Creative Ltd will issue you an invoice for the balance amount of the selected pack and any other add ons.
This invoice should be payable within 30days from the date of the invoice.
7. All sums payable by you (the client) shall be paid as cleared funds into our bank account, details of which will be included on our invoice.
7a. Should you fail to make any payment in full by the due date, we may charge interest on the outstanding amount with such interest to accrue on a daily basis at the rate of 5% from time to time in force from the due date until the date of payment, whether before or after any judgment.
8. All printed materials are subject to delivery charge to be included in the invoice.
9. Delivery time for the printed material may vary depending on the pack selected. This could be anytime between 10-15 business days or earlier after the artwork is sent to print.
10. You shall:
• co-operate with us in all matters relating to the Services;
• provide us, in a timely manner, all materials we require in order for us to perform the Services;
• pay to us our Fees on or before the due date for payment.
11. You shall indemnify and hold us harmless from and against all and any losses, liabilities, demands, claims, costs and expenses (including legal costs and disbursements on an indemnity basis) and damages incurred or suffered by us, and any damages awarded against us, arising directly or indirectly as a result of or in connection with any claim that the Materials infringe any Intellectual Property Rights of any third party or are libellous, defamatory or obscene.
12. We warrant that we shall use reasonable care and skill in providing you the Services.
13. We shall have no liability to you for any loss, damage, costs or expenses or other claims for compensation arising from any of the Materials, information or instructions provided to us by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival,
or any other fault of yourself.
14. This Agreement constitutes the entire agreement between us and supersedes any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
15. A notice required or permitted to be given by you to us shall be in writing and sent to Vibrant-Creative Ltd, 106A Harrow View, Harrow-Middlesex, London HA1 4TF or by email to apurva@vibrant-creative.co.
16. No failure or delay by either of us in exercising our rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
17. If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
18. English law shall apply to this Agreement, and each of us agrees to submit to the exclusive jurisdiction of the English courts.