Melt Design Terms and Conditions
Accept your quotation and pay your deposit and we’ll take it that you accept these terms and conditions.
Our Client Promise means we’ll do everything we can to put a smile on your face by consistently delivering top quality work to our agreed timescales.
These Terms and Conditions are a key part of that promise, helping us to minimise misunderstandings and make sure everybody’s crystal clear on what’s expected.
Please read these terms and conditions carefully and contact us if anything is not clear.
1) All our quotes exclude VAT where applicable and are valid for 21 days.
2) Our quotes will typically involve 3 staged payments unless stated otherwise;
40% once the brief has been signed off and before work commences,
a further 40% will be invoiced to you once the demo of the site is submitted to you.
The final 20% will be due in full on project completion
(e.g. on delivery of printed items, publishing of website).
Failure to make payments on schedule is likely to result in delays in project delivery.
3) The costs and timescales provided in each of our quotes are guides based on our experience from similar briefs. Additional charges may be payable if there are significant variations to the agreed brief, although we’ll make you aware of this in advance. In most of the creative work we do there is an element of reliance on the client (for provision of content and approval) to ensure our agreed timescales are met – so you have a part to play here!
4) We won’t start any creative or development work until we’ve received written approval of the quotation (either by hand or by email) and a minimum deposit of 40% of the agreed costs. This ensures that our team is fully equipped to provide the very highest levels of service to you.
5) If we’ve provided a quotation where a job will be approached in ‘stages’, each stage will need to be paid in full on completion, and a deposit on the next stage paid before we’re able to progress. This will be made clear on your quote.
6) Any printing, fulfilment, mailing or third-party services that we provide to you will require an up-front payment. We won’t be able to proceed to this stage without receipt of this payment.
7) Unless otherwise agreed in writing, all invoices are due within seven days of any invoice date.
8) Unless otherwise agreed in writing, we’ll usually start working on your brief within ten working days of receiving your deposit. Any anticipated completion date provided by us is subject to your co-operation in provision of, resources (logos, images etc) and approval. We will do our very best to ensure that agreed timelines are adhered to, but amends requested or additional requirements may result in delays. Time lines provided are estimated but Melt Creative Ltd will not be liable if the project over-runs due to delays in you providing information, delaying approval or any other third party issues.
9) If any project exceeds the estimated timeline agreed by more than 3 weeks due to delays caused by the client not providing information or approval then you agree that we have the right to invoice you for 50% of any outstanding balance on the project with the remaining 50% payable on project completion.
10) In the unlikely event that you’re not satisfied with the first round of presented work, we will develop a further round of additional creative development and presentation. If after this second round there is still no agreement on direction, we reserve the right to potentially bring to an end any agreement with you with no refund of deposits or payments made.
11) On completed work we’ll usually allow for a maximum of three sets of client amends. If you’d still like some tweaks here and there we’ll be happy to make them, but additional charges may become payable. If that’s the situation, we’ll make you aware of it in advance so there are no surprise invoices.
12) At the end of each stage of the process you’ll need to ‘sign-off’ your approval in writing. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges for further time spent, although, as ever, we’ll make you aware of it in advance.
13) Our quotes typically exclude the following unless stated: VAT; print; commissioned illustration, photography or stock images; image retouching; image scanning; copywriting; postage; in-house colour print-outs; travel; web hosting; couriers; other third-party costs incurred.
14) Unless it’s noted in the agreed Brief, we’ll assume that most copy and images will be provided by you, although we will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. We are able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at between £20 and £50 + VAT per image (dependent on source, image size and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 25% + VAT, with prior client notification.
15) We highly recommend that you use our preferred suppliers to ensure that Melt Creative Ltd quality and service is maintained until delivery of your final product. If you’d prefer to use your own print supplier, we’ll simply provide artwork directly to you to manage, and will be unable to monitor, advise or take any responsibility for the process or final output.
16) Due to a variety of factors there will often be slight variances in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. That means that we can’t guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by you.
17) Until your final payment is received by us, all designs, artwork and rights to design and artwork (whether in digital or printed format) will remain the intellectual property of Melt Creative Ltd. Full copyright and ownership of all ‘commissioned’ work will reside with Melt Creative Ltd until full payment has been received, at which point the agency will surrender to the client all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
18) Melt Creative Ltd will never knowingly infringe any copyright or trademark and will deliver, to the best of our knowledge, creative solutions that are original and unique. Unless otherwise agreed in writing, it is up to you to ensure that no copyright or trademark has been infringed on any elements of the project (logos, images, copy etc)
19) We will provide you with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc). However we do not normally provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Melt Creative Ltd for non-exclusive future use.
20) We will not at any time or in any manner, either directly or indirectly, use for our benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential. In short, we’ll respect your business and keep things between us!
21) You agree to indemnify Melt Creative Ltd and keep us indemnified and hold us harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. We are not liable for any loss that may occur before, during or after the development of projects undertaken. You also agree and understand that we cannot be held responsible for any delays, errors or losses arising as a result of any third party.
22) You agree to alert us in writing to any defects or problems in relation to work and services provided, within 21 days of the final invoice date. We will not be liable for any claims made after this date.
23) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, ecommerce and/or content management systems, web application source code or flash files/animations).
24) Appropriate credit and acknowledgment for work produced by the agency should be attributed to Melt Creative Ltd where possible (for instance at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise agreed with the client.
25) These terms and conditions of business apply to all present and future projects unless otherwise agreed in writing. Melt Creative Ltd reserves the right to change or modify these terms at any stage with immediate effect.
26) These Terms and any work produced as a result of them are governed by English law.
If you have any questions please feel free to give us a call on 0121 765 3406