Sorry to bore you but as we like to be transparent with our clients we think it’s a good ideas to display our terms and conditions here.
The “Client” referred to in this document is any individual or business that enters into a contract to pay Fat Heads Creative Studio for services provided.
Fat Heads Creative Studio Ltd cannot accept responsibility for missed deadlines due to the nonacceptance of briefing instructions sent via the post or electronic mail. Please ensure that you make a follow-up call to ensure that we are in receipt of the project and discuss the feasibility of your requirements and time scales indicated.
2. Fees and Costs
The scope of a project is evaluated via calculating “charging out” resources on a time/cost basis. The scale of these hourly fees varies according to the type of work, or the experience and expertise that a project may demand. It is normal working practice to provide a detailed production estimate for the approval of the Client before any work commences. All such estimates given by Fat Heads Creative Studio Ltd shall be based on the Client’s instructions specifying the work required. Estimates are based on what we consider to be a reasonable time schedule for a project’s completion during normal office hours, including the cost of time by us, and the cost of services anticipated to be provided by outside sources.
Any estimate produced by Fat Heads Creative Studio Ltd is valid for 30 days from the date of its issue, and is based upon the Client’s instruction, brief and description of the work and services to be completed. All additional work or amendments requested by the Client following commencement of this commissioned work (including any outside services necessarily procured in order to carry out this work) which, are not specifically referred to in the original estimate, shall be regarded as additional to the cost given in the estimate and will be invoiced separately as ‘author’s corrections’. Such expenses will be reimbursed by the Client to Fat Heads Creative Studio Ltd as disbursements. All estimates of costs and services are given exclusive of VAT. All estimates exclude travel, courier and delivery costs associated with the project.
Once the estimate has been confirmed either verbally or in writing, the Client may still cancel their instructions on the express condition that we shall be indemnified against all costs or fees incurred.
5. Invoicing and Payment
Fat Heads Creative Studio Ltd shall be entitled to retain material produced by, or on behalf of Fat Heads Creative Studio Ltd until payment has been made in full of any outstanding invoice. Upon receipt of full payment, Fat Heads Creative Studio Ltd will transfer all material to the Client. Should the Client fail to pay any outstanding invoice in due time we shall be entitled to treat that failure as a repudiation of the whole contract, forthwith to cease any continuing work for the Client and to recover costs and damages. Interest on all such sums due shall be charged at the rate of 3% per annum over the Base Rate.
6. Copyright and Ownership
Illustrators and photographers commissioned by Fat Heads Creative Studio Ltd, on behalf of the Client, retain ownership of full copyright of their work unless specifically stated on the estimate. Charges for illustrations and photographs are for one time use only, unless otherwise agreed and specifically stated on the estimate.
Titles to all roughs, transparencies, artwork, coding and other material delivered to the Client remain the property of Fat Heads Creative Studio Ltd. The client undertakes to return all such artwork to Fat Heads Creative Studio Ltd on demand where such material is no longer required for the purposes of the licence granted. The electronic file remains the property of Fat Heads Creative Studio Ltd. The Client has no authority to retain a copy, sub-licence or alienate any such copyright to any other third party to use the copyright material for any other purpose than agreed.
Photo libraries, from which Fat Heads Creative Studio Ltd hire visual images on behalf of the Client, retain ownership of full copyright of their work, unless specifically stated on the estimate. Charges for such photo library visual images are for one time use only, unless otherwise agreed and specifically stated on the estimate.
Our terms also allow Fat Heads Creative Studio Ltd the right to feature any work in its marketing and/or promotional material i.e. website, brochure, etc. without prior permission from the client.
We will take every reasonable precaution to ensure the accuracy of text, tabular matter and visual material. However, the Client is solely responsible for the accuracy of all material. Furthermore, any costs or claims, which arise from errors or omissions, must be borne solely by the Client. The Client’s property and all property supplied to Fat Heads Creative Studio Ltd by, or on behalf of the Client while in possession of Fat Heads Creative Studio Ltd or from the Client, will be deemed to be at the Client’s risk unless otherwise agreed. The Client should insure accordingly.
8. Printed Materials
Fat Heads Creative Studio Limited are not a print or print management company. Any 3rd party printing company that is used in relation to any print artwork carried out by Fat Heads Creative Studio Limited is to be chosen and approved by the Client.
Fat Heads Creative Studio Limited are in no way responsible for the quality, deadlines and costs of any printing procedure. It is solely the responsibility of the print company to honour any contract they have entered into with the Client.
Fat Heads Creative Studio Limited strongly urge that an accurate proof of any print artwork that Fat Heads Creative Studio Limited has provided for the Client is arranged between the Client and the 3rd party printing company before the final print run and that the Client maintain a copy of the proof for their records. Fat Heads Creative Studio Limited also suggest that further proofs are arranged following any changes that are made after each proof.
Fat Heads Creative Studio Ltd strongly urge that an accurate proof of the document that Fat Heads Creative Studio Ltd has provided for the Client is arranged between the Client and the 3rd party printing company before the final print run and that the Client maintain a copy of the proof for their records. Fat Heads Creative Studio Ltd also suggest that further proofs are arranged following any changes that are made after each proof.
Fat Heads Creative Studio Ltd will not be held responsible for any printing, copy or design errors when:
- they appear on the final approved proof; and
- a proof or subsequent proofs were not arranged to check for the errors.
9. Website Warranty
Fat Heads Creative Studio Limited will respond to and fix any bug or error issues relating to website or database platform code put in place by Fat Heads Creative Studio Limited on behalf of the Client as part of a 30 day warranty that begins on the agreed date that the platform becomes public or is in general use. Any Clients who have chosen to host their website or database platform with Fat Heads Creative Studio Limited will have this warranty period extended up to 5 years after the agreed date that the platform becomes public or is in general use. If any major changes are made to the platform such as a change from one Content Management System to another or a full version upgrade of the current Content Management System (does not include incremental upgrades) then Fat Heads Creative Studio Limited will reset the 5 year warranty from the date this change becomes public or is in general use. Due to the constant advances in website and database technology and the constant threat of code deprication, cyber-hacking and corruption Fat Heads Creative Studio Limited cannot be responsible for the functionality, stability or data of any website or database platform that has not undergone an upgrade once the warranty has expired.
10. Web Hosting
10.1. Annual Hosting Costs
Your website will be hosted for one full year specified in the dates outlined in the tender contract.
The annual cost does not include additional costs for domain names. These will appear separately from the annual hosting cost or as a separate invoice depending on when they are due for renewal. Where domain names are already registered with an external host, a cost may be incurred for transferral to Fat Heads Creative Studio Ltd’s servers, if this occurs Fat Heads Creative Studio Ltd will inform the client prior to transferring domains.
10.2. Bandwidth and Server Space
At any time the Client can upgrade their hosting account to allow for more bandwidth and server space. Fat Heads Creative Studio Ltd will inform the Client that bandwidth and server space capacity is being reached.
In the event that your bandwidth or server space exceeds capacity Fat Heads Creative Studio Ltd reserves the right to temporarily suspend the website and email accounts until the issue is resolved. In unforseen cases Fat Heads Creative Studio Ltd will place a temporary holding web page in place of the website.
10.3. Back ups
Regular online back ups of your website and any subsequent databases will be taken while your hosting contract is in effect.
Once the contract is terminated these back ups will cease and all associated online files, databases and back ups will be deleted permanently from the server unless otherwise agreed between Fat Heads and the Client.
10.4. Prohibited Use
Fat Heads Creative Studio Ltd prohibits the use of its servers for:
- illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of UK Law;
- adult material, such as pornography, erotic images or otherwise lewd or obscene content;
- racist, homophobic, defamatory, obscene, indecent or other unlawful material;
- ‘Warez’, such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc;
- sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities; and
- engaging in illegal activities.
10.5. Email Accounts
Any website/email account hosted by Fat Heads Creative Studio Ltd on behalf of the Client must adhere to the following conditions:
- Websites/Email accounts must not to be used to send spam or unsolicited bulk email.
- Websites/Email accounts must not send email to addresses gathered from Safelists or purchase email lists.
- Any recipient of emails generated by the website or from the email account must have agreed to receive emails from the Client.
- Recipients of emails generated by the website or from the email account must have the option to unsubscribe from the mailing list. This must be clearly indicated on the email.
- Unsubscribe functions that require manual assistance must be carried out within a concise but reasonable time after the notification to unsubscribe has been generated by the email recipient.
- Unsubscribe functions must be simple and require only the deletion of the recipients details from the mailing list. No other actions should be required by the email recipient.
- All emails generated by the website or sent from the email account must include a valid email address for the Client and this must be visible to the recipient so that all email sent from the website or email account can be traced back to the Client.
Any breach of these conditions will results in Fat Heads Creative Studio Ltd temporarily suspending the website/email account until such practices have ceased. In the event of these practices continuing or being re-deployed at a later date Fat Heads Creative Studio Ltd reserves the right to terminate the hosting contract with the Client and remove all files relating to the Client’s website from the Fat Heads Creative Studio Ltd server.
10.6. Termination of hosting
Fat Heads or the Client may terminate this agreement at anytime giving a minimum of six months notice.
Fat Heads, but not the Client, may terminate this Agreement and/or any Services at any time and for any reason whatsoever by giving you reasonable notice of such termination. Unless termination is for your breach of an obligation under this Agreement or any Specific Terms, we will refund you a proportion of the fees representing the number of paid-for days of Services that you will not be receiving due to termination.
11. Warranty and Indemnity
The Client warrants and identifies to Fat Heads Creative Studio Ltd that any information or material which is supplied to Fat Heads Creative Studio Ltd will be accurate and in no way misleading and will not infringe any third party’s copyright, registered design, or other intellectual property rights or obligation of confidentiality. The Client will indemnify us against all actions, suits, claims, demands, losses, damages or expenses we may directly or indirectly incur in consequence of any information or material provided by the Client or in consequence of performing any work for the Client.