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Copland Creative

Business Terms

Terms and Conditions

These are the trading terms and conditions of Copland Creative design agency. Please read these terms carefully as these trading terms form part of the legal agreement between Copland Creative and the Client.
1. Introduction and Definitions

These are the business terms of trade (‘Terms’) of Copland Creative design agency. In these Terms, please note the following definitions:
‘Copland Creative’, ‘we’, ‘us’ or ‘our’ means Copland Creative design agency;
‘Client’, ‘you’ or ‘yours’ means the person, company or firm identified as such in any documentation, to whom services are supplied, or for whom work is undertaken, by us;
‘Content’ means any original written copy (text), image, photograph, print, artwork, video tape, DVD/CD, software, data, file (electronic or hard copy), information or similar provided to Copland Creative by the Client as part of services rendered;
‘Service’ means any design service, marketing service, management service or other professional service provided by Copland Creative;
‘Contract’ means your purchase order for services and our acceptance of it; or your acceptance of a quotation for services;
‘Project Fee’ means the agreed value to be paid for goods and services upon completion of the project.

We reserve the right to change these terms at any time without notice.

2. Orders and Payment Terms

All orders for services placed with Copland Creative are subject to our acceptance.

We offer a free initial consultation to all prospective clients. This may be over the phone, in person, or by email.

After initial consultation with the Client, we shall draw up a Project Brief and a Proposal for the Client, outlining the Project Scope and Project Fee. The Client must check each of these thoroughly before proceeding with an order. No project shall be commenced without the agreement and signature of both Client and Copland Creative to the Project Brief.

A commitment fee of 25% of the total Project Fee is required before work commences. This payment covers the cost of allocating our time, management, resources and expertise to the Client. This fee is non-refundable. Thereafter, on delivery of the goods or services, the remaining balance of 75% shall be due within 30 days from date of issue of invoice. After this date, payment shall be deemed to be overdue and may incur interest.

For ongoing monthly services, such as search engine optimisation packages, payment for services shall be due monthly.

3. About our Design Fees

Our design fees quoted are based on the following standard service provision: holding initial consultation with the Client, drawing up the Project Brief, liaising with the Client to confirm content, production of design concepts and layouts (comps), standard design revisions, then production of final design in a suitable format. The following are additional services over-and-above the standard design service, and therefore extra fees shall apply for:

Printing or production or manufacturing costs
Provision of content
Copywriting, researching or collating content from external sources, rewriting or optimising an existing source of content
Creative copywriting, generation of original strap lines or marketing slogans
Photography, stock photography or permission to use our own stock photography
Illustration and artwork, diagrams, graphs and charts
Domain name registration
Postage and shipping

All prices include production of concepts and ideas (comps) and 2 sets of revisions before approval and final design. Any further consultations or revisions after this will be charged at an hourly rate.

Where Copland Creative is required to get quotes for print or production on behalf of the Client, then a Print Management Fee will be included in the total Project Fee.

Copland Creative will remain the copyright owner of all work produced for the Client, and only when payment for the work has been settled in full shall the Client have full licence to use the work commissioned.

4. Overdue/Late Payment

In the event of any payment being outstanding for more than 14 days after becoming due, Copland Creative reserves the right to charge interest on the outstanding balance as stated in the Late Payment of Commercial Debts (Interest) Act 1998 at a rate of 8% plus the Base Rate of interest as set by The Bank of England for the specified 6 month period in which the late payment falls.

Copland Creative reserves the right to charge any recoverable statutory compensation for late payment to which we may be entitled, as stated by law.

5. Rates and Quotations

Rates charged to the Client for services will be those stated in the estimate or quotation issued by Copland Creative to the Client, or as agreed in writing between Copland Creative and the Client. Estimates and quotations are based on the current cost of production and are subject to amendment by us.

Quotations are normally valid for 30 days from date of issue, after which Copland Creative reserves the right to issue a revised quotation, to reflect any fluctuation in costs of materials and labour.

6. Preliminary Work

Where the Client's Content requires preliminary work, such as amendment or preparation before the service may be carried out, Copland Creative reserves the right to charge for any such work, to cover the cost of additional materials and time supplied.

Any experimental preliminary work carried out at the request of the Client, regardless of whether it is followed through to project completion or not, is chargeable.

7. Deadlines and Priority Jobs

Copland Creative does not guarantee to fulfill a project by any particular deadline, unless specifically mentioned in the Project Scope or contract.

Copland Creative reserves the right to charge a supplementary fee for any ‘priority job’ which requires a deadline to be met at short notice, where other work or projects may have to be rearranged or postponed in order to meet these deadlines imposed by the Client.

8. Cancellation Fees

If a Client wishes to terminate the contract at any stage, a cancellation fee will apply and the Client shall forfeit any previous payments. In such an event, the Client shall hold no legal rights to preliminary work produced.

9. Confidentiality

Copland Creative endeavours to treat all Client content confidentially, and shall take all reasonable steps to ensure that such information is disclosed only to employees of Copland Creative requiring access to such information to render the services or manufacture the product required by the Client.

Nothing herein shall limit Copland Creative's right to use or disclose information that: (a) Becomes available to the public without fault of Copland Creative; (b) Is lawfully required by Copland Creative from a third party;  (c) Is in the possession of Copland Creative at the time of disclosure by the Client; (d) Is developed by or on behalf of Copland Creative by persons who have not received the Client's confidential information.

10. Delivery of Goods and Services

Services rendered by Copland Creative shall normally be delivered to the Client in electronic format. Final designs and files shall normally be issued in a ‘flattened’ format.

Where the Client requests a hard copy, or hard copy proofs, then these, plus any applicable delivery costs, shall be charged to the Client.

11. Submittal of Content

The Client accepts responsibility for the delivery of content or source materials to, and retrieval from, Copland Creative.

The Client is advised to insure fully his content against all risks including loss or damage or any possible consequential loss, as such cover is not provided by Copland Creative. Copland Creative shall take all reasonable care in handling, processing and storing the Client's content. However, in submitting content to Copland Creative, they accept they do so entirely at their own risk.

Copland Creative's charges are not proportionate to the value of any such content provided by the Client and therefore Copland Creative shall not incur any liability to the Client in event of loss, damage or expense resulting from error, neglect or omission on the part of Copland Creative.

The Client undertakes to send all content required for the project in a suitable electronic format.

The Client must check and approve all content prior to submittal to Copland Creative, for error, factual or otherwise, consistency, style, legibility, grammar and spelling. While Copland Creative endeavours to check all content for spelling mistakes and typographical errors, Copland Creative cannot be held responsible for the content if this does not form a specific outcome of the Project Brief.

For projects going to print, Copland Creative shall send a final proof of the design to the Client beforehand which the Client must check and approve. After sign-off by the Client, Copland Creative shall not be held responsible for any errors in the final print or production.

Should the Client not have suitable content prior to the start of the project, Copland Creative may propose that the Client upgrade to use one of our copywriting services in order to generate and/or optimise the content for print or web. The Client understands that any such copywriting service is an additional service and shall be charged for separately.

12. Quality of Work

The Client accepts that the quality of any work completed for the Client is significantly dependent upon: (i) the quality of the Client's source content; and (ii) the degree of co-operation between the Client and Copland Creative in reaching a suitable and desired outcome. Therefore while Copland Creative endeavours to achieve the highest possible standard of final output for the Client, the output is ultimately subject to the quality of the Client's content and degree of co-operation with Copland Creative with respect to design/management services rendered, and as such Copland Creative does not guarantee to produce any particular standard.

13. Copyright and Licence Permissions

Contracts are accepted on the express condition that the Client has obtained the appropriate copyright and licence permissions from the copyright/licence holder to use any content which is sent to Copland Creative as part of the services provided to the Client.

The Client shall indemnify Copland Creative against any loss, damage, costs or expenses suffered or incurred by Copland Creative as a result of any claim for infringement of copyright law or defamation in respect of any of the Client's content.

Where copyright licence permissions are procured by Copland Creative on behalf of the Client from a third party copyright holder in order to render services for the Client (for example, in the use of stock photography), both Copland Creative and the Client shall be bound by the licence permissions terms of the third party, and the copyright will remain with the holder under their terms.

14. Inappropriate Content

The Client shall ensure that any source material or content to be included in a design project with the intention of publishing it to print or web format does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).

The Client shall indemnify Copland Creative against all damages, losses and expenses arising as a result of any action or claim that the Client’s content constitutes Inappropriate Content.

15. Creative and Usage Rights

Copland Creative retains certain rights to all of our design work. The Client shall hold the ownership rights to the final design once approved and all payment settled.

Copland Creative maintains the ownership rights to marketing concepts and creative ideas generated as part of the project. The Client shall not hold any right to the use of these ideas, except as specified in the project scope and/or agreement between the Client and Copland Creative at the outset.

The Client authorises the use by Copland Creative of a small logo and web address on print pieces, web sites and emails for the purpose of identifying the designer.

16. Retention of Title

Title to all work shall remain vested in Copland Creative until all debts due to Copland Creative by the Client have been discharged in full. The title to all work shall remain vested in Copland Creative while any unpaid debts, disputed or otherwise, remain outstanding.

In the case of disputed debts, they shall be deemed to be outstanding until extra judicial agreement or the issue of a court judgment to the contrary.

Where goods or services have been delivered to the Client, as long as the title remains vested in Copland Creative, Copland Creative shall have the right to recover any such goods or services at any time.

The Client undertakes that it will exercise its best endeavours to cooperate with the exercise of Copland Creative’s said right to reclaim and recover its goods and services.

17. Force Majeure

Copland Creative will not be responsible for failure to fulfill its obligations under any contract if such failures are caused by circumstances beyond reasonable control of Copland Creative, or any of its suppliers or contractors. Such circumstances include (but are not limited to): acts of God, unavailability of materials, equipment failures, strikes, industrial disputes or other labour disturbances.

18. General

If the Client is more than one person, their obligations shall be joint and several.

Any notice from Copland Creative shall be in writing and sent to the principal place of business of the Client or party concerned or other such address as notified for the purpose.

It shall be the responsibility of the Client to inform Copland Creative of any change of address or contact details in a timely manner.

These terms are part of the legal agreement between Copland Creative and the Client and form part of the contract.

These terms are governed by Scottish law. Claims against Copland Creative shall be brought solely in the Scottish Courts. Claims against the Client may be brought in the Scottish Courts or those of any territory where the Client may be resident at the time.

These terms shall not be modified, qualified or nullified in any way unless specifically and expressly agreed by Copland Creative in writing when accepting a contract.

Each of these paragraphs and sub-paragraphs in these terms are separate from each other. If we are unable to enforce any one paragraph or sub-paragraph in these terms, then our right to enforce any other paragraph or sub-paragraph will not be affected.


Copland Creative
Updated: Dec 2010