Terms and Conditions of Service: Synk Creative Ltd
Last modified: 2021
1. Definitions and Interpretation
"The Agency" refers to Synk Creative Ltd. "The Client" refers to any person, firm, or company that purchases Services from the Agency. "Services" refers to any design, print, web development, or fulfilment work carried out by the Agency.
2. Quotations and Contract Formation
2.1 All quotations are valid for a period of 30 days from the date of issue. The Agency reserves the right to withdraw or amend a quotation at any time.
2.2 A contract is formed only when the Agency provides written confirmation of the Client’s order or commences work on the project.
2.3 Any changes to the original brief requested by the Client after the contract has been formed may result in additional charges and an extension of the delivery timeline.
3. Client Materials, Licensing, and Intellectual Property
3.1 Provision of Assets: The Client must supply all text, images, and data required for the project in a timely manner. Delays in providing assets will result in a commensurate delay in the delivery schedule.
3.2 Licensing and Ownership: It is the absolute responsibility of the Client to ensure that all materials (including but not limited to photographs, illustrations, logos, and trademarks) provided to the Agency for use in any project are either owned by the Client or adequately licensed for such use.
3.3 Font Licensing: If the Client requires the use of a specific typeface not held in the Agency’s standard library, the Client must purchase and provide a valid license for said font. The Agency will not be held liable for any copyright infringement arising from the use of fonts or imagery supplied by the Client.
3.4 Indemnity: The Client shall fully indemnify the Agency against all costs, claims, and expenses (including legal fees) arising from any claim that the materials provided by the Client infringe the intellectual property rights of a third party.
4. Creative Design and Proofing
4.1 Design Rights: All preliminary drafts, "working files" (including but not limited to .indd, .psd, and .ai files), and creative concepts remain the sole intellectual property of the Agency unless a specific "transfer of copyright" fee is agreed upon and paid in full.
4.2 Proofing Responsibility: The Agency will provide digital or physical proofs for the Client’s review. It is the Client’s sole responsibility to check for errors in spelling, grammar, layout, and contact details.
4.3 Approval: Written approval (via email or signed proof) constitutes an instruction to proceed to final production. The Agency accepts no liability for errors identified after the Client has provided approval.
5. Print Production and Physical Goods
5.1 Color Reproduction: Due to the inherent variances in print substrates (paper, vinyl, fabric) and the difference between RGB screen displays and CMYK/Pantone ink processes, the Agency cannot guarantee a 100% colour match.
5.2 Quantity Variance: For bespoke print and manufacturing, the Agency reserves the right to deliver a margin of +/- 5% of the quantity ordered. The Client will be invoiced for the actual quantity delivered.
5.3 Retention of Title: Risk in the goods passes to the Client upon delivery; however, legal ownership (Title) of all goods remains with Synk Creative Ltd until the Client has paid all outstanding invoices in full. The Agency reserves the right to recover goods from the Client’s premises if payment is not made.
6. Digital and Web Development
6.1 Development Standards: The Agency will develop websites to be compatible with current versions of major browsers (Chrome, Safari, Firefox, and Edge). We do not guarantee compatibility with obsolete browsers or non-standard third-party plugins.
6.2 Hosting and Uptime: While the Agency utilises high-tier data centres, we do not guarantee uninterrupted service. The Agency is not liable for any loss of business resulting from server downtime, DNS issues, or external cyber-attacks.
6.3 Post-Launch Maintenance: Following the "Go-Live" date, the Agency will provide a [30-day] bug-fix period. Thereafter, any further updates, security patches, or content changes will be subject to a separate maintenance agreement or charged at the Agency’s standard hourly rate.
6.4 Partner Disclosure: Synk Creative may collaborate with beHIVE Design Ltd for specific creative and SEO services. In such instances, the Client assets will be handled according to the security standards outlined in our Privacy Policy.
7. Payment Terms and Cancellation
7.1 Invoicing: Unless otherwise agreed, new clients are required to pay a 100% or 50% deposit before work commences. The balance is due upon completion or prior to the dispatch of printed goods.
7.2 Standard Terms: For account holders, payment is due within 30 days of the invoice date.
7.3 Late Payment: The Agency reserves the right to charge interest on all overdue accounts at a rate of 8% above the Bank of England base rate, as per the Late Payment of Commercial Debts (Interest) Act 1998. 7.4 Cancellation: In the event of project cancellation by the Client, the Agency shall be entitled to payment for all work completed up to the date of cancellation, plus any costs incurred for materials specifically purchased for the project.
8. Liability and Force Majeure
8.1 The Agency’s total liability for any claim shall not exceed the total price paid by the Client for the specific project in question.
8.2 The Agency shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: strikes, power failures, natural disasters, or global supply chain interruptions.
