Terms & Conditions

Acceptance of quotation or signing of agreement or payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.

1) All costs provided exclude VAT where applicable and are valid for thirty days from the date of the quotation.

2) The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.

3) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g on delivery and approval of final specs of bike): failure to make final payment at this point may result in delays in project delivery.

4) If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency. 

5) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), Spoon Custom Projects Ltd (Spoons) reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.

6) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by Spoons is subject to options chosen and client co-operation in provision of information, production processes and approval. Spoons will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but Spoons will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (act of God).

7) At the end of each stage of the process the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until Spoons is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance. 

8) Costs provided allow for occasional phone calls or even meetings at key stages for a reasonable length of time between Spoons and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance. 

9) Unless otherwise specified, costs quoted exclude the following where relevant: VAT; additional artwork, schematic requirements; commissioned illustration, travel, couriers, other third-party costs incurred (such as payment gateway charges) etc. 

10) Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final bike artwork. These factors are determined by the source of the print or visual (each output source e.g Spoons printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this the agency is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors.
 

11) Spoons will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to Spoons. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.

12) The client agrees to indemnify Spoons and keep us indemnified and hold us harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Spoons is not liable for any loss that may occur before, during or after the development of projects undertaken. Spoons will not be held responsible for any delays, errors or losses arising from any third party.

13) The client agrees to alert Spoons in writing to any defects or problems in relation to work and services provided, within 14 days of delivery of the items. Spoons will not be liable for any claims made after this period.


14) Appropriate credit and acknowledgment for work produced by the agency should be attributed to Spoons where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the Spoon’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client. 

15) If in the serious case that Spoons cannot complete a contract for reasons outside of it's control; such as serious illness/death of team members, an act of God, un-safe working situation or in the event that Spoons or the client ceases to trade.  We reserve the right to either pass the contract onto a reputable 3rd party/supplier of good standing or terminate the contract. This will always be confirmed in writing.

16) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Spoons reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.

MAY 2017