May 26th, 2022

Terms and Conditions

The following terms and conditions apply to all relationships between you (the client) and Phoenix Consultants Gloucestershire Ltd (the provider). By commissioning us to work on a project, you are agreeing to these terms in connection with our services.

It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

1. Charging for our work

The estimated cost of project with a proposal of the work to be completed will be quoted in advance. It will include the cost for work to be completed as well as the expected cost of bought-in and/or subcontracted goods and services.

The final cost of a project will vary from the original quote supplied if:

a. Changes made by the client to the project are significantly different from the original brief.
b. The client delays, defaults, or otherwise significantly disrupts the project and its agreed timescales.
c. There are unexpected increases in our overheads or expenses.
d. Circumstances occur that are not reasonably within our control.

In such circumstances, we will advise you of any increase in costs before charging.

All quotes are valid for a minimum of 30 days, once this time has elapsed the project may need to be requoted.

2. Payment terms

2.1. About our invoices

All invoices will be due for payment within 30 days of receipt by bank transfer. If you retain our services on a monthly basis, your fee will be payable monthly in advance.

2.2. Deposit

To start this project, a non-refundable deposit will be paid at the beginning of the project before work on the project is started.

2.3. Mid payments

Before starting additional stages of the project we require additional payments to be invested to complete the next stage of the project.

2.4. Final payment

Once the project has been completed and the work handed over, the remainder of the investment must be paid. Once paid the intellectual property rights will transfer from the provider to the client.

2.5. Retainer

If you wish to retain our services for ongoing support post project, a retainer contract will be created tailored to your requirements. You will be charged a standard monthly fee, this is payable until the retainer contract expires or cancelled within 30 days notice by the client.

3. Lead times

The lead time is stipulated in the quote and proposal, please note that lead times can be affected by outside influences, such as delays in deliveries from third-party suppliers and/or changes by the client.

4. Legal rights for the project work

While the project is underway the copyright and other intellectual property rights in connection with our work on client’s projects belong to us alone.

Once a project is complete, the handover agreement has been signed, and our invoices have been paid in full, all rights are transferred to you the client. You do not have the right to the original artwork files and the provider has the rights to unused concepts/sketches/ideas that have been generated throughout the project.

If you supply us with any work to incorporate into a design or in connection with the project, it is your responsibility to make sure that:

a. You already own the copyright and all other rights in the work.
b. You have the necessary license or other legal permission to use and reproduce it.
c. Our use of it will not infringe any third party rights.

If you do not comply with these obligations, you accept that you will compensate us for any claims, damages, legal action or expenses we face as a result.

Both the client and the provider agree to do everything reasonably possible to protect each other’s confidentiality. If you let us have any items or material, you do so at your own risk. We are not responsible if they are subsequently lost or damaged.

We have the right to cancel any commitments we have made:

a. If you break any of your obligations under this agreement.
b. If you substantially change or call a halt to a project while it is still in progress.
c. If you do break your obligations or if we cancel our commitments, you will immediately be responsible for paying any fees and expenses resulting from us carrying out your instructions up to the date of cancellation.

If you cancel a project, or place it on hold indefinitely, at any stage, we may invoice you in full:

1. For all the work we have done up to that point, at our standard rate.
2. For any costs we face for outside supplies already ordered for the project.

If you call a halt to a project before it is finished, you have no copyright license or similar rights in the work we have done so far. Nor can you make use of our work or exploit it in any way.

5. Our right to subcontract

We are entitled to subcontract any of the work to be carried out on your project.

6. Liability

Phoenix Consultants Gloucestershire Ltd hereby excludes itself, its employees and or agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of materials;
• Loss or damage to client’s artwork/photos. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Phoenix Consultants Gloucestershire Ltd to the client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

The provider releases any ownership of any intellectual property generated by the
final design. The client will own the Intellectual Property Rights resulting from the project and may take such steps as it may decide, at its expense, to register and maintain any protection for the Intellectual Property Rights in the project work, including filing and prosecuting patent applications for any of the work and taking any action in respect of any alleged or actual infringement of any Intellectual Property Rights.

Concept design sketches if requested by the client will be scanned copies and not the originals.

The provider has the right to use the provided project work and representations of the work accompanied with the company logos and branding for use in portfolios and marketing materials once in the public domain.

The provider has the rights to unused concepts/sketches/ideas that have been generated throughout the project.

The client (the Indemnifying Party) will indemnify the provider and its employees (together the Indemnified Parties), and keep them fully and effectively indemnified, against each and every claim made against any of the Indemnified Parties as a result of the Indemnifying Party’s use of any of the following: The project work and any materials, works or information received from an Indemnified Party.

7. Data Protection

All information that we hold concerning you will be held and processed by Phoenix Consultants Gloucestershire Ltd strictly in accordance with the provisions of the Data Protection Act 2018.