Thank you for using Fresh Creative Co, you are agreeing to
comply with and be bound by the following terms and conditions of use, which
together with our privacy policy govern
Fresh Creative Co’s relationship
with you in relation to our company, website and all social media platforms.
The term ‘Fresh Creative Co’ refers to the owner of the business
whose registered office is:
Humphrey Lane Studios, Sa1 6bu, Swansea, UK
Our Unique Tax Reference: 8475972999 (registered in England
& Wales).
Our VAT number is: 138757965
Freshcreative.co contains material which is owned by or licensed
to us. This material includes, but is not limited to, the design, layout, look,
appearance and graphics. Reproduction is prohibited other than in accordance
with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in our website, which are not the
property of, or licensed to the operator, are acknowledged on the website. ·
Unauthorised use of this website may give rise to a claim for damages and/or be
a criminal offence. · From time to time this website may also include links to
other websites. These links are provided for your convenience to provide
further information. They do not signify that we endorse the website(s). We
have no responsibility for the content of the linked website(s).
PROCESS:
Artwork is at
the interpretation of the artist and should be agreed upon prior to
commencement.
All
quotes/estimates are valid for 30 days from the date of submission.
Quotes/estimates
are based on the information provided by the Client, including but not limited
to detail on quantities, structure, scope and functionality. Any quote/estimate
may therefore be subject to change should the client’s requirements change at
any time.
Payment in full
will be needed before project commencement. (unless previously agreed
otherwise) Attendance is not guaranteed without payment.
It is the responsibility of the client to
ensure that all surfaces to be painted are suitable and primed for acrylic
spray paint, unless otherwise previously stated.
.It is your
responsibility to ensure that all surfaces are covered and that any items of
value are removed/reasonably protected. We take no responsibility for paint
dust damage to items that were not properly covered or removed.
It is the
responsibility of the client to communicate any design stipulations required.
·Clients are
responsible for obtaining permission to paint on any and all walls, including
but not limited to the permission of landlords, land/building owners, relevant
council departments and tenants.
Any stated
timescale is reliant upon the client providing all required information/copy/images
within the time set out at project initiation.
FCC reserves the
right to sub-contract the fulfilment of an order or any part thereof.
Should the Client
supply text, artwork or images, the Agency is not obliged to edit, check or guarantee
the correctness thereof in any way whatsoever, and the end product shall be
made at the entire risk of the Client.
Once the Agency
has deemed a project to be complete with the client signing off, any amendments
will be charged at the Agency’s standard billing structure.
After sign off
the agency is no longer responsible for any damage to the artwork be that from
weather or individual negligence etc.
You shall
indemnify us and keep us indemnified and hold us harmless from all liabilities,
actions, claims, proceedings, losses, expenses, costs and damages, howsoever suffered or
incurred by us in consequences of your breach or non-observance of this
Agreement, or arising out of claims based upon or relating to our work for you
or any claim brought against us by a third party resulting from the provision
of any Services to you and your use of them.
In no event shall
the Agency be liable to you by reason of any representation (unless
fraudulent), or any implied warranty, condition or other term, or any duty at
common law, for any loss of business, contracts, anticipated savings or profits
or any indirect, special or consequential loss, damage, costs, expenses or
other claims (whether caused by the Agency’s negligence or the negligence of
its servants or agents or otherwise) which arise out of or in connection with
the provision of any goods or services by the Agency.
The Agency
warrants that its services will be provided using reasonable care and skill.
Where the Agency supplies any goods supplied by a third party, the Agency does
not give any warranty, guarantee or other term as to their quality, fitness for
purpose or otherwise, but shall, where possible, assign the benefit of any
warranty, guarantee or indemnity given by the supplier of the goods to the
Agency.
The Agency
reserves the right to revise, alter, modify or amend these terms and
conditions, and any of our other policies and agreements at any time and in any
manner without prior notification. Notice of any revision, amendment, or modification
will be posted in accordance with our Terms and Conditions.
If any of the
provisions of this Agreement are judged to be illegal or unenforceable, the
remainder shall continue in full force and the effect of the remainder of them
will be not be deemed to be prejudiced.
This Agreement
takes effect on the date on which you order our services. Acceptance of these
terms is an absolute condition of the Client requesting work. An order
constitutes acceptance of all our Terms and Conditions.
FORCE MAJURE:
The Agency shall
be under no liability if it shall be unable to carry out any provision of the
contract for any reason beyond its control including (without limiting the
foregoing) Act of God, legislation, war, fire, flood, drought, failure of power
supply, lock-out, strike or other action taken by employees in contemplation or
furtherance of a dispute or owing to any inability to procure materials
required for the performance of the contract. During the continuance of such a
contingency the Client may by written notice to the Agency elect ‘to terminate
the contract and pay for work done and materials used’, but subject thereto
shall otherwise accept delivery when available.
CANCELATION & PAYMENT:
No refund or
discount will be given in the event of wet weather during a project.
Alternative arrangements / precautions must be made by you before commencement
of the project, unless otherwise previously stated.
Projects
cancelled or postponed with less than 7 days notice are subject to a late
cancellation fee of 50%. Projects containing 2 or more days cancelled or
postponed with less than 14 days notice are subject to a late cancellation fee
of 80%
We understand and
will exercise our statutory right to interest under the Late Payment Of
Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC
if we are not paid according to these terms.
If payment is over 28 days an additional 5% will be
added to the total/week
If we are
unable to complete work in the allocated and agreed time, due to reasons beyond
our control, then the client will be liable for any additional costs incurred,
including additional artists’ time taken to complete the work.
WORKSHOPS:
No refund or discount will be given if a lesser number
than the number of participants agreed upon attend on the day of a workshop.
COPYRIGHT AND LICENSING:
.It is assumed
that the client/commissioner owns the copyright/has sought permission to use
any images which they then ask us to reproduce. We will not be held responsible
for any copyright infringement through reproduction of images painted at a
client’s request.
FCC shall be
indemnified by the Client in respect of any claims, costs and expenses arising
out of any libellous matter or any infringement of copyright, patent design or
any other proprietary or personal rights contained in any material supplied by
the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice
in settlement of any claim.
Images created
in mock ups remain the property of the artist who created them, unless
otherwise agreed. Any unauthorised reproduction of mock ups created by our
Artists is prohibited and could result in legal action.
It is the responsibility of the client to
obtain any copyright permission for any images recreated by our artists.
Unless stated beforehand any images taken
during our employ including images of yourself, your clients, your logo and any
other footage/photography obtained during a project can be used by us on our
website and in our promotional material
.Fresh Creative
Co reserves rights and ownership to any artworks created, unless otherwise
agreed. If the rights to the artworks are purchased, FCC reserves the right to
use the artwork for it’s own promotional purposes
Your use of our
website and any dispute arising out of such use of the website is subject to
the laws of England and Wales.
All invoices are
subject to UK VAT at the current rate, unless a valid exemption certificate is
provided.
