Terms and Conditions
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So, in short; You are hiring us (madcreative) to perform creative design services for the agreed price as outlined in our proposal and/or quote.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work and provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
You’ll have many opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking and you wish to end the project prematurely, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
We are proud to have worked with our clients and often share images or links to the completed work on our social media platforms and include these projects in our website portfolio. We do not disclose personal information, exact project briefs or business proposal details. These are confidential between our clients and us.
Graphic Design Projects
We create our designs to your brief, interpreting and understanding your business and its requirements are key to our success. We always advise, recommend ideas and styles for discussion. We develop our projects working with very talented creatives, communication and working in collaboration with you from concept through draft through to output is essential. We supply print-ready digital files which you can take to any commercial printer. If you would like us to source printing quotes for you, we’re happy to do that.
We are not responsible for writing or proofing any text copy, unless we have included this service in our proposal. If you’d like us to write new content or proof read text for you, we can provide a separate estimate for that.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that. For the best results, we recommend commissioning bespoke photography from one of our recommended photographers.
Web Design projects
We create web layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template/page as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography). We call that ‘design atmosphere.’
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work in current versions of major desktop browsers including Safari, Chrome, Internet Explorer, Firefox and Opera.
We do not support Microsoft browsers below IE9 as standard. If you need a design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using.
We test our work in:
- iOS: Safari and Google Chrome
- Android 4.1: Google Chrome and Firefox
- Android 3.2: Browser and Firefox
We currently do not test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
For the first three months after your new madcreative website goes live we will actively support and help you with any editing and administration enquiries that you may have for no charge, providing these requests are deemed reasonable demands and requests upon our time. We do highly recommend that you do get in contact with us in the early stages and learn how to update your website. We are here to help.
All websites designed and hosted by us will receive regular platform and plugin updates and we also offer an all year round email and phone support to help you look after your website and manage it successfully. We also offer a maintenance service where we can make changes for you, saving you time and possible stress and helping you to ensure your website is always up-to-date. This can be charged monthly or annually.
Any technical or design requirements are subject to a charge and will be agreed before any work takes place.
If you get in a muddle with editing your site further down the line and require our help, we will need to charge for our time, if you are not part of a maintenance contract.
All madcreative websites are created specifically for our clients and it is important they are kept up-to-date. If you choose to host your website with another provider please ensure you actively update all associated plugins and design versions to ensure your website functions at its best.
Social media marketing
After discussion we will create a business profile, content schedule with a marketing plan and goals for your social media reach. We actively encourage your engagement, dialogue and input to ensure the messages work for your business. We are always happy to set-up an account for you and with our guidance and support help you manage the account or we can do this for you.
Social media is an organic process that requires careful thought, business knowledge and consideration.
Our plans are carefully created to suit your business needs and budget.
We are unable to provide any guarantee, or a precise projected number, for post engagements or an estimated increase in followers, likes or website traffic.
Our work is fully guaranteed, if we’ve missed something, we will fix it. If there are elements of the delivered project that requires direction, such as CMS use, we will provide that.
Written guidelines will incur costs for our time and creation.
Changes and revisions
The price quoted is based upon the agreed size and scope of your project but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem and we’ll provide a separate estimate for that.
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
The individual creator(s) of media elements (photography, video, etc) will own the copyright of the items they have created and will license the use thereof to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, in social media, in blogs and in books.
- 50% payment before we start.
- Balance due at delivery.
We do not share your personal data with any third parties.
We may contact you on occasion via email or telephone with business information we feel maybe relevant to your business and/or website.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.