Terms and Conditions
Terms and Conditions outlined below will apply to the work WalkonWater Creations does for you; these Terms and Conditions and the Quote supplied to you form the contract between us for the provision of WalkonWater Creation’s services.
1.0 WalkonWater Creations will provide the services described in the Quote as presented. As the engagement develops, it may be that the scope of the required work changes. Where this is the case, WalkonWater will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Proposal, which may be necessary.
1.1 Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.
1.2 Force Majeure: WalkonWater Creations shall not be liable for any delay or failure to perform our obligations where such delay or failure to perform arises from circumstances outside WalkonWater Creations’ reasonable control.
1.3 Payment Terms: Invoices shall be settled by bank transfer into WalkonWater Creations’ nominated bank account within 5 business days of the date on the invoice as per agreed payment milestone, unless agreed otherwise. WalkonWater Creations reserve the right to retain ownership of all work until full payment has been made.
1.4 Other Specialist Services: WalkonWater Creations’ estimate is exclusive of third-party costs such as photography, illustration, video production, sound recording etc unless otherwise included in the estimate. WalkonWater Creations may, unless you instruct us otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be passed on and will be quoted according.
Content and Images
2.0 It is your responsibility to provide us with the required information about your business/organisation. WalkonWater Creations takes no responsibility for errors in content supplied by you. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work.
2.1 WalkonWater Creations will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use.
2.2 If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.
2.3 You agree to indemnify WalkonWater Creations from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
2.4 Confidentiality: Save as required by law, WalkonWater Creations will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain.
3.0 Freedom to use Ideas and IP: WalkonWater Creations may develop or use for other clients any ideas, concepts, or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
3.1 Portfolio Rights. WalkonWater Creations retains the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work, unless otherwise agreed.
3.2 Working Files and Copyright. WalkonWater Creations own the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects.
4.0. All services may be used for lawful purposes only. You agree to indemnify and hold WalkonWater Creations harmless from any claims resulting from your use of our service that damages you or any other party.
5.0 WalkonWater Creations shall have no liability for any loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss to your business or organisation whether directly or indirectly related to WalkonWater Creations’ services provided to you.
6.0 Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.