Business Terms & Conditions
Start Up Smart Terms and Conditions of Engagement
This page sets out the terms and conditions under which we will work with you. They are designed to be fair, clear and binding on both parties unless otherwise agreed, or a separate formal contract is agreed.
We will provide you with a template briefing document to help you ensure all of the relevant information is included to allow us to produce the highest quality work. If required, a 30-minute video call will be scheduled to clarify any specific aspects before we present initial concepts for your new business brand identity, logo and website.
Schedules and Timeline
Deadlines: You must make us aware in the original briefing document of any deadlines that must be adhered to. If there is no prescribed deadline, then we will agree an appropriate schedule with you before we start work.
Author’s Corrections: After sign-off on the final brand identity, logo and website concept, unless it is agreed otherwise, any excessive alterations will be quoted outside of the Start Up package price* – these are referred to as Author’s Corrections. Wherever possible we will try to give advanced warning before this point is reached, and a route to completion. Any additional costs will have to be agreed in advance before completion and issuance of our invoice.
*1 set of Author’s Corrections are included in the Start Up Smart package price.
Final Proof and Sign-Off
Brand & Design : You will be provided with a final digital proof to sign off. Once we have received your final sign-off, you will be provided with digital files, or printed items, if you have asked us to manage any print.
Web: Where hosting has been purchased from Super Digital you must pay web hosting in full annually upon invoice; if you cancel within the term paid for, no reimbursements for web hosting can be made. Ownership of all files remains that of Super Digital until any final balance has been cleared.
Any queries on any invoice should be notified within seven days of receipt, otherwise we will assume that the invoice is accepted and will be paid in line with the terms outlined above.
Credit and Payment
We ask for a deposit of 25% of the project costs upfront before any work is scheduled into our design studio. A further 25% of the project costs at a pre-determined point – mid project, and then the balance on completion before we push your website live and provide you with your final brand identity and logo files.
In accordance with ‘The Late Payment of Commercial Debts (Interest) Act 1998’, any invoice not paid within the specified payment terms detailed on the dated invoice will be considered ‘late’. We reserve the right to claim interest on overdue payments at 8% above the prevailing Bank of England base rate, as recommended in this Act.
Cancellations and Amendments
Should you require us to change, reject, stop or cancel any scheduled work or work-in-progress, we shall take all reasonable steps to comply. You will reimburse us for any charges or expenses incurred as a direct or indirect result of any such change, rejection, cancellation or stopping and shall also pay our fees covering these items.
We offer a number of additional services. These will be quoted on a project by project bases and payment terms specified before any additional services are performed.
File Archive and File Retrieval
Your files will be archived unless otherwise requested. This means that any updates to artwork can be commissioned, with only the additional work charged for and not the cost of complete re-origination.
We reserve the right to use all artwork to promote ourselves whether in print or online unless you have specifically advised that we require your permission to do so, or there is a confidentiality element to the work. Unless instructed otherwise, we will assume all materials you supply are free of intellectual property and copyright provisions or any restrictions regarding confidentially of information.
Warranties and Indemnities
We will ensure that our employees working on the project are competent and suitable in terms of qualifications and experience, to perform the Services.
You will ensure that to the best of your knowledge all information supplied to us before and during the Term will be accurate and not in any way contrary to any law applicable.
Limitation of Liability
Our maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the total remuneration payable to us hereunder during the preceding six months. We will not be liable under this Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. If appropriate, we will seek to complete and sign a non-disclosure agreement in a legally approved format.
Law and Jurisdiction
All contracts between you and us are to be governed by and construed in accordance with English Law.
Start Up Smart is a trading name of TPSquared Limited, Beechcroft House, 50 Sedgley Road West, Tipton, West Midlands, DY4 8AB Company Registration Number 12112624 and Super Digital, Unit 1 Wolverhampton Halfpenny Green Airport, Crab Lane, Stourbridge, West Midlands, DY7 5DY Company Registration Number 09755390