Terms & conditions
Parties
“Creative State” is a trading name of Creative State Studio Limited of 6 Chapel Lofts, Commercial Street, Leeds LS27 8HL.
“Client” means the person or body corporate named as the Client at the foot of this contract. Any signatory on behalf of a company hereby warrants that they have all necessary authority to bind the company into the terms of this contract.
The Price
Subject to the remainder of these Terms & Conditions of Business, the Price for all services supplied by Creative State to the Client will be subject to a separate written estimate provided by Creative State to the Client. The nature and extent of all services to be supplied to the Client will form part of the written estimate and, taken together with these
Terms & Conditions of Business, will form the extent of any contract between Creative State and the Client. Upon either verbal or written acceptance of the contract terms by the Client, the contract becomes legally binding as between the Parties.
Where the Client seeks to vary the nature and extent of any or all services previously agreed, Creative State reserves the right to provide an additional written estimate in respect of any additional services and to require payment in full of the original contract Price in addition to any further sums.
In the event that the Client seeks to withdraw from the contract at any stage, the Client agrees to pay Creative State for the full amount of the Price, including, but not limited to, any costs, expenses or payments or other losses incurred by Creative State in compliance with the contract.
VAT
The standard rate of VAT is charged on our services.
Late Payment Provisions
- All interim or final invoices are due for payment within 14 days of the date of the invoice.
- Creative State reserves the right to charge interest upon any unpaid or outstanding sums at the rate of 8% above Bank of England Base rate.
- Creative State also reserves the right to apply The Late Payment of Commercial Debts (Interest) Act 1998 in appropriate cases.
- The Client agrees to be liable for any legal costs incurred by Creative State in recovering sums due in respect of any unpaid invoices.
- Any bank or other charge incurred by Creative State as a result of any bounced or dishonoured cheque or other payment method will be invoiced to the Client, together with a £20 administration charge.
- Whilst any payment due to Creative State remains outstanding, Creative State shall be entitled to exercise a lien over any of the Client’s property in the possession of Creative State, including any property which Creative State would otherwise provide to the Client as a result of this Agreement, including the removal of websites from their live state.
Copyright
Any Design produced by Creative State carries a Copyright, and cannot be reproduced without written consent.
The placing of an order by the Client or other person on behalf of the Client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the Design. The Client must indemnify Creative State in respect of all actions, proceedings, costs, demands and claims arising from any such breach.
All material, both text and images supplied by the Client and used in the construction of the Client’s design, will remain the Client’s property. All such material will be assumed to be the property of the Client and free to use without fear of breach of Copyright laws.
The Copyright for all material provided by Creative State, such as the Design, source code, graphics, photographs, video, animation and copy, will remain the property of Creative State until such time as payment has been made in full whereupon they will become the property of the Client.
The Client will not hold Creative State responsible for any infringement of Copyright relating to copy contained within a Design. It is the responsibility of the Client to ensure that no Copyright infringement will occur in the use of their company name. Refunds will not be made in cases of such Copyright infringement. It is also the responsibility of the Client to carry out any market research as to the viability and profitability of any project before accepting any quote.
We reserve the right to refuse to produce a Design that we may judge as unfit due to content or otherwise. This includes, but is not limited by, material containing pornography, material that promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and material that infringes Copyright or is contrary to UK laws.
Creative State reserves the right to reproduce any of its Designs for promotional purposes.
Liability
Except in the case of death or personal injury caused by Creative State’s negligence, Creative State’s liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the amount payable by the Client in respect of the Price the subject matter of this contract as specified in the written estimate.
Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
The Client agrees to indemnify Creative State and hold Creative State harmless from and against any and all liabilities, losses, damages, costs and expenses in relation to any claims or actions brought, howsoever arising, against Creative State or the Client arising out of any course of dealings between Creative State and the Client.
Severability
In the event any one or more of the provisions of these Terms & Conditions of Business shall be held to be invalid, illegal or unenforceable, the remaining provisions shall be unimpaired and the Terms & Conditions of Business shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Amendments or variations
These Terms & Conditions of Business may not be varied except by an instrument in writing signed with the consent of both Parties (such consent not to be reasonably withheld).
Law and Jurisdiction
The contract shall be governed by the law of England & Wales in every particular including formation and interpretation and shall be deemed to have been made in England.
The courts of England & Wales shall have exclusive jurisdiction over any dispute arising out of any contract entered into between the parties.