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Terms of Business


Introduction

JA Creative Studio Ltd is a private limited company, registered in England (Company number: 09676847). The Company’s registered address is:

88 High Road, Southampton, Hampshire, SO16 2HZ, United Kingdom

Throughout this document, any reference to ‘we’, ‘us’, ‘our’, ‘the Company’ or ‘JA Creative Studio’ refers to JA Creative Studio Ltd.

JA Creative Studio values the relationship with its clients and encourages any suggestions on improvements to the terms of business. Should any problems arise when working directly with JA Creative Studio, please contact a representative or director of the business.

JA Creative Studio reserves the right to make changes to this document at any time.

Services

JA Creative Studio Ltd offers services in the following areas of digital media and marketing solutions:

Branding & Logo Design
Graphic Design
Social Media Management Marketing & Communication Design Web Design & Development

Print Services
Mobile Application Development Search Engine Optimisation

Please speak to a member of the JA Creative Studio team to discuss individual requirements and quotations.

Work & Quotations

All work is carried out by JA Creative Studio Ltd on the understanding that the client has agreed to the terms and conditions. The client may indicate their acceptance of a quotation and terms either by a signed agreement in writing, a confirmation email or paying a deposit for any work outlined in the quotation.

The nature and scope of each project shall be outlined in the quotation. The individual(s) responsible each client project shall be Jesse Paananen and/or Abid Poswall.

JA Creative Studio represents to the client that is has the experience and ability to perform the above mentioned services; that it will perform these services in a professional, competent and timely manner; and that its performance under these terms shall not infringe upon or violate the rights of any third party or violate applicable legislation.

The client represents to JA Creative studio that they has the ability, power and funding to enter in to an agreement with JA Creative studio and is solely responsible for any information added to their deliverable as part of the services and that its performance under these terms shall not infringe upon or violate the rights of any third party or violate applicable legislation.

If stated on the quotation, JA Creative Studio shall provide copywriting services. JA Creative Studio shall not be liable for any damage or loss suffered by the client arising from the use or reproduction of

any words or phrases. The client agrees to indemnify JA Creative Studio in respect of any claims arising from the reproduction of any written content supplied to the client. The client is solely responsible for ensuring that all necessary rights, permissions and consents are required for the reproduction or use of any written content by JA Creative Studio. JA Creative Studio will make every effort to avoid errors, omissions, misrepresentation, inaccurate implications and any other inaccuracies in the publication of content. The final responsibility for published material remains with the client.

JA Creative Studio reserves the right to edit text which is to be displayed on any content and is required to be approved by the client. The client must provide sufficient information in the form of written notes to be used on the deliverable. Should the client wish to rewrite any text or information, JA Creative Studio reserves the right to proofread and edit this information for the purpose of making it suitable for the deliverable. The client is able to request any changes and amendments to be made to any text or information by JA Creative Studio upon the approval or the draft deliverable.

JA Creative Studio will only use images provided by the client if they are of sufficient quality. All images must be submitted to the company electronically. JA Creative Studio reserves the right to enhance and alter images in order for them to be suitable for online use. JA Creative Studio will not be held liable for any copyright or licensing infringements of any images used on its deliverables which have been submitted by the client. JA Creative Studio shall ensure the use of any images used on its deliverables which have not been submitted by the client and shall be liable for any copyright or licensing infringements.

Costs & Charges

JA Creative Studio shall provide a complete quotation outlined in a document or email which shall include all likely costs involved or bill at an hourly rate.

The client agrees to pay the additional fees for any work not described in the quotation that the client requests and approves in advance in writing during the course of the project. These requested changes shall be charged at an hourly rate.

Payment

Payment for all services, deliverables or work are subject to our standard invoicing terms unless otherwise stated in the quotation. JA Creative Studio requires an upfront payment as a non- refundable deposit to be paid upon the signing of this contract agreement. The remaining balance shall be invoiced upon the delivery of the work. The client shall have the opportunity to request amendments or provide further content as outlined within the quotation for up to 28 days after delivery.

JA Creative Studio does not offer any credit terms. All remaining invoices must be paid in full within 10 working days of delivery unless otherwise agreed. If a payment exceeds this time frame, JA Creative Studio reserves the right to charge a late payment free, subject to the discretion of the directors.

In the event of a late payment, JA Creative Studio reserves the right to withdraw any work, deliverables or publications until this payment has been made.

Support

The client may contact JA Creative Studio any time after the completion of the deliverable to request one-off updates, or any other changes to the work provided under the services. These changes shall be charged at an hourly rate.

JA Creative studio reserves the right to charge an hourly rate to repair a deliverable if the fault was caused by the improper use or neglect by either the client or another party.

Design for Print

In regard to services involving print, all work will need to be accepted and signed off by the client prior to sending it to print. JA Creative Studio shall not be liable for any defects, print issues or artwork mistakes after the client has signed off the work. JA Creative Studio shall ensure that all work is checked thoroughly before sending to print. If any work requires amendments and reprinting, payment shall be the full responsibility of the client. JA Creative Studio shall take responsibility for any mistakes problems or errors that are deemed to be made by representatives of the company.

Complaints regarding printed goods must be made within 48 hours of receipt of delivery. Any complaints made after this time shall be classed as void. Complaints must be raised in a timely and constructive manner to the project representative in writing. JA Creative Studio will respond and rectify any reasonable issues quickly and efficiently.

Any costs for print production must be paid in advance of a job going to print and must be settled before the print delivery date. Print jobs will only be despatched when payment is settled in full. JA Creative Studio shall not be responsible for any delays caused by failure to make this payment or delays on behalf of the printing company.

Authorship Credit

Unless otherwise specified in the quotation and prior to the completion of any work, the client must include a link or statement at the bottom of the deliverable, establishing an authorship credit to JA Creative Studio. This credit shall be included by JA Creative Studio. JA Creative Studio reserves the right to remove this credit at any time. The client may not remove this authorship credit without prior consent from JA Creative Studio.

Liability

If JA Creative Studio is in breach of this contract, the client agrees that liability is limited to the following respects:

JA Creative Studio is liable for all mistakes and this shall not include an individual, member of staff or sub-contractor. The client agrees to make no claim against an individual except fraud.

Maximum liability for any claim by a client in contract, misrepresentation or otherwise arising in connection with the performance of the work requested shall be limited to the price paid by the client for the services of JA Creative Studio.

For the purpose of an overall limit, more than one mistake on a project or service shall be considered as one mistake.

JA Creative Studio shall be liable for loss, directly caused where the total liability does not exceed the total amount of the fees payable to the project or service in question. Otherwise, JA Creative Studio shall have no liability for any indirect or consequential loss or anticipated loss or any other benefit for any of the following:

Loss of profits; or
Loss of business; or
Depletion of goodwill; or
Loss of anticipated savings; or Loss of goods; or
Loss of contract; or

Loss of use; or
Loss or corruption of data or information; or
Any other indirect loss or damage; or
Loss of any costs or damages paid by the client arising from any allegations or claim that the deliverable may breach in regard to intellectual property rights or copyrights.

JA Creative studio shall not be liable for something the client fails to do, including providing correct information in regard to a deliverable.

Publicity

JA Creative Studio and its sub-contractors retain the right to provide a link to the client’s deliverable, display graphics or other elements of work within their own respective portfolios as well as the ability to mention the client in publicity to promote the services of JA Creative Studio unless stated otherwise in the quotation.

Storage of Content

All content produced by the company and used in the production of the deliverables shall remain the exclusive property of JA Creative Studio Ltd. Materials supplied by the client shall remain the property of the client. The company reserves the right to recall or destroy any of its materials at any time unless otherwise agreed by the company at the request of the customer. A copy of all client deliverables shall be kept by the company in the form of digital or online storage.

Intellectual Property

If JA Creative Studio own the Intellectual Property Rights in any deliverables, JA Creative Studio shall grant the client the right to use such material for the purpose only of the clients’ own use of the work and does not allow resale or modification to any other third party.

We retain copyright and ownership of all Intellectual Property Rights, related rights, trade marks, business and domain names, rights in goodwill, rights in designs, rights in computer software, typography rights, rights in confidential information and any other intellectual property rights unless otherwise stated in a quotation or prior written consent from a director of the company. JA Creative Studio retains ownership of all material until the full and final payment has been made. The client may not replicate or reuse any deliverables, work or services without explicit written consent from JA Creative Studio.

JA Creative Studio shall not be responsible for the breach of copyright or any other intellectual property rights on any images, illustrations, text or information supplied by the client for use in creative work. The client warrants that all intellectual property rights and copyrights in connection with the deliverable are owned by the client.

Imagery or information provided by JA Creative Studio shall make the client aware of any licensing costs for the use of these and the client agrees to reimburse the company for such costs.

Sub-Contracting

JA Creative Studio may sub-contract or assign any or all of its rights or obligations under this contract without the consent of the customer, provided that the company remains liable for the performance and quality of work for any sub-contractor(s).

Illegal Material

JA Creative Studio Ltd reserves the right not to publish, print or post any material which, in its opinion, may be of an illegal, obscene, immoral, improper or libellous nature or otherwise likely to involve the company in legal proceedings of any nature.

Confidential Information

Neither JA Creative Studio Ltd or the client may divulge any confidential information which is supplied by either party or information relating to the contract or pre-contract discussions.

JA Creative Studio shall maintain confidentiality of all information regarding the client and shall not disclose this information to any parties outside the company without the explicit consent of the client.

All services, work and deliverables supplied by JA Creative Studio shall, at all times, be the exclusive property of the company, but shall be held by the client at their own risk and maintained in good condition until returned to the company. These materials shall not be disposed of or used in any way other than in accordance with the written instruction and authorisation of JA Creative Studio.

Cancellation

Cancellation of a project, service or deliverable must be confirmed in writing. The terms of the end of a contract must be outlined clearly and with good reason. Upon cancellation of a contract, JA Creative Studio is entitled to be paid for the work up until the notice of cancellation and may retain this work until the outstanding balance is paid.