Terms of Service
These terms refer to the Client and RMG Creative, collectively ‘the parties’.
Billing Structure
RMG Creative will quote for a project or body of work before work commences and quotes shall be paid for 30 days. Quotes may be based on hourly rate, or based on products or services required. On acceptance of the quotation or body of work to continue, RMG Creative may require part pre-payment before work commences, or part-payment at an agreed milestone in the project. If Client requirements change after the work has been started, RMG Creative will advise of any increased costs in product or services and discuss with the Client how best to proceed.
Payment
Invoices will be raised at agreed milestones during works and on project completion and must be paid within 30 days. VAT is chargeable on all invoices where applicable. Invoice queries must be raised within 5 working days. Late payments may incur additional charges. RMG Creative reserve the right to suspend work on projects if Client accounts are overdue.
Scheduling
RMG Creative and the Client will agree a schedule of work on approval of quotation. RMG Creative will always endeavour to achieve Client deadlines and work within Client schedules, but cannot accept responsibility for works not meeting deadlines when the agreed deadlines are not met by the Client.
Approval
RMG Creative will not allow print works, website launch or any other final product delivery until the artwork or project has been approved by the Client. Once approved by the Client, RMG Creative are not liable for errors or omissions of any kind.
Liability
Once the Client has approved artwork and a project has been authorised to print or website launch, in the unlikely event of a technical, specification or supplier issue, RMG Creative will endeavour within reason to rectify the situation to a satisfactory conclusion.
Speculative Work
RMG Creative is not required to accept work ‘on spec’. Work will only be undertaken once requirements are agreed and a quotation has been accepted.
Confidentiality
RMG Creative acknowledge that projects may require the sharing or use of sensitive or confidential material relating to the Client’s products, vendors, works, strategies, proposals, and other proprietary information, and agree to protect the confidentiality of such materials. If strict confidentiality is required, RMG Creative are happy to sign NDA or other confidentiality agreements.
Material
RMG Creative reserve the right to refuse to handle any media that is, but not limited to, unlawful, harmful, racist, violent, obscene or that could potentially cause any damage, distress or that is deemed inappropriate by RMG Creative.
Cancellation
The Client and RMG Creative both understand that services may be terminated at any time if the working relationship is deemed unsatisfactory by either party. All works that have been agreed and approved must be delivered by RMG Creative paid in full by the Client, in accordance with RMG Creative’s payment terms. Work refused by the Client remains ownership of RMG Creative and may not be used by the Client in whole or in part. Work refused after project completion must be paid in full.
Ownership and Copyright
Ownership of all design works belong to the Client as soon as invoice payment has been made, from which time the client is then free to use, replicate, edit and distribute designs. The Client may not resell works unless expressed permission has been arranged with RMG Creative. RMG Creative retain ownership of printed materials or merchandise product until payment has been made in full. RMG Creative retains the right to use visuals of artwork in a design portfolio, on their company website or for future promotion. The Client accepts full responsibility for copyright ownership and licensing of any images, photos, graphics or materials provided to RMG Creative and RMG Creative are not liable to establishing copyright ownership or licensing of materials supplied to them by the Client.
Disclaimer of Warranties
RMG Creative shall complete works to the agreed approach and completion specification. RMG Creative do not represent or warrant that works will guarantee any additional profits, sales, exposure, or expressed benefit, and RMG Creative has no responsibility to the Client if the works do not lead to the Client’s desired result(s).
Limitation of Liability
Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement or works undertaken, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery.
Severability
Should any provision of these terms be deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of these terms and all other provisions shall continue as valid and enforceable.
Unforeseen or Sudden Termination of a Project
In the unlikely event of illness or accident that prevents RMG Creative from being able to complete a project, RMG Creative will endeavour to find an alternative designer to complete the work on their behalf, and the project will either be billed by RMG Creative on completion or by the new designer, as agreed by the Client. Alternatively, project assets may be handed back to the Client for them to appoint another designer to continue the work, in which case RMG Creative will bill the Client for work done up to that point.
Acceptance of Terms
The Client agrees to pay for agreed works rendered by RMG Creative Ltd. By agreeing to a quotation or authorising a body of work to commence, the Client agrees to these Terms of Service.