The following Terms and Conditions apply to the supply of all products and services by Equilibrium Creative Limited, unless otherwise agreed in writing with the client.
Our process
Our design process varies based on the size and specific requirements of each project. However, we define a project in the following stages:
Stage 1: Briefing
During this stage we will discuss the project’s requirements in detail, in order to establish a written brief. This brief will then be fed back to the client, to ensure it is an accurate reflection of the project requirements.
This brief will include:
- Project overview and main requirements
- List of deliverables
- Agreed delivery schedule
- Agreed key stakeholders
- Agreed mechanical data (in the case of print this will be a specification for the final printed material; in the case of digital material, this will be a specification for which browsers and platforms we will develop for.)
Stage 2: Development
During the development phase, we will provide the client with up to three design concepts for discussion and further exploration.
For printed material, each concept usually consists of one front-cover and one internal spread per concept.
For websites, each concept usually consists of one homepage and one internal webpage.
For other digital development the concept format will be agreed during the briefing stage. In all cases, concepts will contain low-resolution imagery and placeholder content, for illustrative purposes only. Once a concept has been chosen for further development, Equilibrium Creative Limited will provide final concept artwork for written approval by the client.
Stage 3: Production
The final approved concept will be developed into a working draft including final text as provided by the client, and imagery as either provided by the client, or sourced by Equilibrium Creative Limited (subject to pricing being agreed with the client before purchase). All final copy should be provided by the client prior to the Production Stage where possible.
Stage 4: Delivery
At this stage, the client will be asked to review the production and provide a final set of amends and updates based on the current draft. Upon completion of these final changes, a final proof will be supplied for sign-off in the case of printed material. In the case of digital material, Equilibrium Creative Limited will provide the client with access to a secure online area in which they can view the completed project for sign-off.
Fees and payment
Quotations and costs
Our quotations are valid for 21 days. Any advance payments are due immediately upon agreement of the contract, with the remainder due upon receipt of the final invoice.
Our quotations exclude VAT and any outside costs incurred for the completion of the project (including, but not limited to: travel, photography, stock imagery, delivery and couriers). Any work outside the agreed list of deliverables, in the absence of a quote, or due to changes requested by the client, will be charged at our standard rate of £50 per hour.
New clients
For new clients, we reserve the right to invoice 25% of the total agreed price before work begins on the project. This only applies to the first project we initiate with a new client; further projects will be invoiced as outlined above.
Third party services
In the case of projects for which the client has requested Equilibrium Creative Limited provide print management services, we charge a 15% markup on the prices provided by third-parties. This is a standard practice to cover administration and the additional risk placed upon Equilibrium Creative Limited.
If a client does not wish to incur this additional charge, Equilibrium Creative Limited can put the client in touch directly with the third-party to negotiate prices and to manage the relationship. However, we will accept no liability or responsibility for the services or actions of third-party suppliers.
Day rate
A day is defined as a continuous eight-hour period between the hours of 8am-8pm, Monday to Friday.
Overtime
Hours worked outside of the usual day rate hours must be requested in advance and will be charged at an overtime rate of between £75 -£100 per designer per hour.
VAT
Quotations and estimates provided by Equilibrium Creative Limited are exclusive of Value Added Tax, which will be added to all charges at the current rate.
Exchange rate
All quotations and estimates are priced in British Pounds Sterling. Goods and services supplied from other countries will be calculated at the prevailing current rate of the currency in question at the time of purchase.
Invoicing
Unless otherwise agreed with the client prior to the commencement of a project, we invoice for projects upon delivery of the project, or in the case of phased delivery at the agreed milestones.
Any queries regarding an invoice should be raised within seven days of the invoice date.
Payment terms
Payment terms shall be ‘payment on presentation of invoice’ unless an alternative payment schedule has been agreed between the client and Equilibrium Creative Limited in writing.
Equilibrium Creative Limited reserves the right to charge the client interest on invoices, which have not been paid within 30 days of the due day, until payment in full is received, at 2% above HSBC’s base rate.
Method of payment
Payment can be made by bank transfer (BACS) using the details provided on your invoice.
If paying by cheque please make it payable to Equilibrium Creative Limited. In the event of a cheque not being honoured on presentation, Equilibrium Creative Limited reserves the right to charge an administrative fee for each presentation and re-presentation of the cheque.
Copyright
Ownership of copyright
Equilibrium Creative Limited retains all copyright until final payment is received. Once all outstanding payments have been received, all final published material becomes the property of the client, excluding fonts and other items sourced from a third party.
We accept material from clients on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
Promotion
We reserve the right to use any of the work we produce for the purpose of self-promotion, under the proviso that this promotion does not breach the client’s confidentiality in any way.
Services
Adequacy of instruction
We provide services on the basis that those providing instruction do so in a proper, accurate and timely manner. We accept no responsibility or liability for errors caused by inadequate instruction on the part of the client.
Delivery of products and services
Products will be delivered using first class post, email, wetransfer or file transfer protocol (FTP) as appropriate, unless otherwise stated. Where you request an alternative method of delivery, you must meet the costs of delivery.
Products and services will be provided in accordance with the timescales agreed upon at initiation of the contract.
Customer services
If you are unhappy with any aspect of the service provided by Equilibrium Creative Limited, please contact us by email or in writing at 31 Valkyrie Road, Westcliff-on-Sea, Essex, SS0 8BY, clearly stating the issue. We will respond within seven days and work with you to reach a mutually satisfactory resolution.
Miscellaneous
Jurisdiction
Contracts between the client and Equilibrium Creative Limited will be written in the English language and our relationship will be governed by English law, and will be subject to the exclusive jurisdiction of the English Courts.
Changes to terms and conditions
We reserve the right to make changes to these terms and conditions.