Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations in relation to our services.

1. Definitions and interpretation

1.1 In these Terms of Business:

“Business Day” means any week day, other than a bank or public holiday in England;

“Business Hours” means between [09:00] and [17:30] on a Business Day;

“Charges” means the charges specified in the Job description;

“Confidential Information” means:

(a)       any information supplied by one party to the other party (whether supplied in writing, orally or otherwise) marked as “confidential”, described as “confidential” or reasonably understood to be confidential;  and

(b)      the terms (but not the existence) of each Engagement (which information is confidential to each party);

“Customer” means the customer for Services under an Engagement as specified in the Specification;

“Customer Materials” means all works and materials provided by or on behalf of the Customer to Space Creative for use in the production of, or incorporation into, the Deliverables;

“Deliverables” means the deliverables as outlined in the Specification;

“Designer” means Space Creative, a limited business incorporated in England and Wales. Company reg no. 5025894, having its registered office at Equitable House, 55 Pellon Lane, Halifax HX1 5SP. 

“Effective Date” means in relation to an Engagement, the date when Space Creative receives a copy of the Specification relating to that.

“Engagement” means a contract between Space Creative and the Customer for the supply of Services and the delivery of Deliverables incorporating these Terms of Business and a Specification, and any amendments to such a contract from time to time;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Hourly Rate” means the Space Creative hourly labour rate (at £45) or as specified in the Specification.

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights ;

“Services” means the graphic design services supplied by Space Creative to the Customer under an Engagement, details of which are set out in the Specification .

“Specification” means the specification of services document issued by Space Creative to the Customer detailing the scope of the Services, Deliverables and other matters relating to an Engagement; and

“Term” means the term of an Engagement.

1.2       In these Terms & Conditions, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

1.3       The Clause headings do not affect the interpretation of these Terms & Conditions.

1.4       In these Terms & Conditions, “persons” include companies, partnerships, limited liability partnerships, unincorporated associations and trusts.

1.5       The ejusdem generis rule is not intended to be used in the interpretation of these Terms & Conditions; it follows that a general concept or category utilised in these Terms & Conditions will not be limited by any specific examples or instances utilised in relation to such a concept or category.

2.     Engagements

Each Engagement will come into force on its Effective Date and will continue in force until the Services agreed in the Detailed Specification have been completed, upon which it will terminate automatically.

3.  Services

3.1 Space Creative will supply the Services to the Customer and deliver the Deliverables to the Customer in accordance with the terms of each Engagement.

3.2 Space Creative may sub-contract the provision of the Services (without the prior written consent of the Customer)

3.3  Space Creative may suspend the provision of the Services and/or withhold the Deliverables without prior warning, if the Customer fails to pay by the due date any amount to Space Creative.

3.4  Space Creative will own the full copyright on all deliverables should the Customer withhold payment. The Customer does not have any rights to the unpaid for deliverables.

3.4  Space Creative reserve the right to invoice for all work done to date at monthly intervals.

4.     Customer obligations

4.1       The Customer will promptly provide to, or procure for, Space Creative any:

(a)       co-operation, support and advice;

(b)      designs, drawings, files, information and documentation;

(c)       third party co-operation; and

(d)      governmental, legal or regulatory licences, consents or permits;
             reasonably necessary to enable the Designer to discharge its obligations under any Engagement.

4.2       The Customer must provide feedback on preparatory design work promptly, and in any event in accordance with any timetable agreed between the parties.

4.3       The Customer grants to Space Creative a worldwide, royalty-free, non-exclusive licence to use the Customer Materials during the term of an Engagement solely for the purposes of that Engagement.