It is not necessary for any client to have signed an acceptance of these T&C's for them to apply. If a client accepts a quote and The Sketch Collective starts work on the order then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Terms and Conditions are available to read on The Sketch Collective website and there are links to this on all email correspondence.

By placing an order with The Sketch Collective, you confirm that you are in agreement with and bound by the terms and conditions set out below.

The Sketch Collective retains the right to update and amend these Terms and Conditions as they see fit.

Definitions

The Client: The company or individual requesting the services of The Sketch Collective.
The Sketch Collective: Primary designer and any employees or affiliates.
The Author: The creator of work for the client eg. Designer, Illustrator, Photographer, Web Designer
The Suppliers: Third party contributors eg. Printers, hosting company etc.
The Photographer: Primary photographer of The Sketch Collective

General

Quotes are valid for a 30 day period and The Sketch Collective reserves the right to alter quotes after the 30 day period has expired.

The Sketch Collective will carry out work only where an agreement is provided either by telephone, email, mail or in person and once a deposit has been received. An 'order' is deemed to be a written or a verbal contract between The Sketch Collective and the client.

The Sketch Collective is an independent contractor, not an employee of The Client or any company affiliated with The Client. The Sketch Collective shall provide the services under the general direction of The Client, but The Sketch Collective shall determine, in The Sketch Collective's sole discretion, the manner and means by which the services are accomplished.

This Agreement does not create a partnership or joint venture and neither party is authorised to act as an agent or bind the other party except as expressly stated in this Agreement.

Any additions to briefs provided will be carried out at the discretion of The Sketch Collective and where no charge is made by The Sketch Collective for such additions, The Sketch Collective can accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions (refer to The Client’s Role (d)).

The Sketch Collective will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines by The Sketch Collective or The Suppliers. 

The Sketch Collective will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

The Sketch Collective will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by The Suppliers. 

The Sketch Collective, where possible, will provide hard copy proofs of any print material. It is The Client's responsibility to check and bring attention to any rectifiable amendments or changes.

If the client wishes to postpone work this must be confirmed in an email. Once work has been postponed The Sketch Collective cannot ensure that work will be carried out in the same time frame set out at the start of the project, a new quote may also need to be accepted by The Client before work resumes.

The Client’s Role

The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: 

It is The Clients responsibility to carry out sufficient research before proceeding with a website/idea/business to ensure the site will operate legally.

The Client is responsible for coordination of any decision-making with parties other than The Sketch Collective.

The Client is responsible for cooperation and communication with The Sketch Collective to identify all project requirements.

The Client is responsible for providing content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; 

Final proofreading. The Sketch Collective will always provide a digital proof of any completed artwork. In the event that The Client has approved Deliverables but errors, such as, by way of example, but not limiting to, typographic errors or misspellings, remain in the finished product; The Client shall incur the cost of correcting such errors. 

It is The Clients responsibility to inform of any amendments in email as a valid ticket to be processed by The Sketch Collective.

The Sketch Collective cannot take responsibility for any copyright infringements caused by materials submitted by The Client. We reserve the right to refuse any material of a copy righted nature unless adequate proof is given of permission to use such material by The Client. 

The Client acknowledges that if a print supplier is used that is not recommended by The Sketch Collective then it is the Client's responsibility to ensure hard copy proofs are provided and checked before any full print run is confirmed, unless prior agreement is made. The Sketch Collective cannot be held liable for any costs incurred due to errors during the print process if no hard copy proof is provided. It is The Client's responsibility to pay for any hard copy proofs.

On Site Visits

The Client is responsible for arranging access and authorisation of all on site visits.

The Sketch Collective cannot be held liable for any damage on The Clients site as a result of the undertaking of work at clients agreement.

The Sketch Collective will do there up most to not disturb the clients normal business in order to undertake the work required of them.

The Sketch Collective requires the client to be accommodating and supportive towards any on site work which is to be undertaken in order for the Sketch Collective to complete the work required of them by The Client.

Liability

The Client agrees that in all dealing with The Sketch Collective, liability will be limited to the following:

Public Liability: Limit of indemnity £1,000,000.

Copyright & Permission

Copyright of any completed work (e.g. websites, design/artwork, photography) created by staff / partners at The Sketch Collective shall forever always be with the author/creator, unless there is a written agreement (between the client, The Sketch Collective and the author). Without written agreement and payment, ownership and rights of any work carried out for the client shall remain with the author concerned at The Sketch Collective. Upon final payment The Client acquires a license and guidelines to use the completed work, this license does not allow the client to reproduce the artwork.

The Client must follow all guidelines of usage of artwork files / work produced.

The Client agrees that The Sketch Collective reserves the right to include any work done for the client in a portfolio of work, which could be viewed by other prospective clients.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, The Sketch Collective or anyone involved with The Sketch Collective cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. 

Any scripts (unless specifically agreed) written by The Sketch Collective remain the copyright of The Sketch Collective and may only be commercially reproduced or resold with a written agreement between The Client and The Sketch Collective. 

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.

The Sketch Collective will not be liable or become involved in any disputes between the web site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the web site.

The Sketch Collective does not take any responsibility for website rank on search engines. This also includes any potential website downtime that may occur when updating, changing, creating and hosting a Client's website, that could result in a change to the websites search engine ranking.

Web sites will only go live once final payment is received. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Where applications or sites are developed on servers not recommended by The Sketch Collective, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The client will be required to provide website content, text, images, movies and sound files in advance. If your project involves SEO The Sketch Collective needs text content for your site so that SEO can be planned.

Text content supplied will be developed into the site. If you require changes to text content and are not having a CMS (Content Management System) then you may be charged a fee for these changes.

Once the web design has been approved by The Client, any changes here on may incur a fee.

The Sketch Collective will place a small text link on the footer of the clients website that simply states the website was designed by The Sketch Collective and this will be a link to The Sketch Collective company website. This can be removed if required by the client, a nominal fee of 10% of total charges will apply.

The Client agrees to reimburse The Sketch Collective of any additional expenses necessary for the completion of the work.

The Sketch Collective cannot accept responsibility for any alterations caused by a third party occurring to The Clients pages once installed. Such alterations include, but are not limited to, additions, modification, updates or deletions.

Compatibility

The Sketch Collective will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed. The Sketch Collective can offer no guarantees of correct functionality with all browser software. 

Website Hosting

Whilst The Sketch Collective recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service.

All standard hosting offered by The Sketch Collective is limited to 500mb of website space unless otherwise stated at point of contractual agreement.

The Client is fully responsible for their own hosting and domain name if they do not use The Sketch Collective hosting services.

The Sketch Collective cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. 

The Sketch Collective reserves the right to refuse to host in any way, material which may be deemed offensive, illegal or in any way controversial. 

There will be a charge to The Clients if they instruct The Sketch Collective to upload and configure the web site and domain name to a third party server.

The Sketch Collective cannot accept any liability for attacks on the clients website from viruses, hacking or any other third party attempt to disrupt the normal working of the website.

While The Sketch Collective will use its best endeavors to design and maintain the web site and server so that the integrity and security of the server is safeguarded in so far as possible and in accordance with best industry practice, The Sketch Collective does not guarantee that the server will be free unauthorised users or hackers and shall be under no liability for non receipt or mis-routing of email or for any other failure of email.

Hosting renewal charges must be received within 30 days of hosting expiry date. The Sketch Collective reserve the right to deactivate any website when the hosting has expired and The client has not paid the renewal fee. The Sketch Collective reserve the right to charge a £50 plus VAT administration fee to reactivate the website/hosting.

Design

The Sketch Collective retains all right and title in and to any original artwork comprising Final Art, including all rights to display or sell such artwork, unless written agreement has been given by the designer. This permission can include a payment for the rights to be handed to the client, for an amount which is agreed by the designer and The Sketch Collective. 

Preliminary artwork shall remain the exclusive property of The Sketch Collective and may not be used by The Client without agreement with The Sketch Collective.

The Sketch Collective cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copy-righted nature unless adequate proof is given of permission to use such material. 

The Client agrees to follow all guidelines provided the final artwork, if there is any infringement of these guidelines without permission from The Sketch Collective then legal action may be taken.

Amendments - Unless otherwise provided in the Proposal, and except as otherwise provided for herein, The Client shall pay additional charges for changes requested by The Client which are outside the scope of the services on a time and materials basis, at The Sketch Collective’s standard hourly rate. Such charges shall be in addition to all other amounts payable under the proposal, despite any maximum budget, contract price or final price identified therein. The Sketch Collective may extend or modify any delivery schedule or deadlines in the proposal and deliverables as may be required by such changes. It is at The Sketch Collective’s discretion to charge for amendments if The Sketch Collective deems the amount of change un reasonable.

Photography

If The Client has specific styling requirements for photo shoot(s) then it is The Client’s responsibility to ensure the preparation and clear communication of specific requirements.

Once final payment has been received The Client are given a licence to use the photography supplied in the following ways; Make image brighter or darker, convert into black and white, resize (keeping the scale of image intact), cropping (without infringing on The Photographer(s) original concept unless otherwise agreed).

If the project, set out by The Client(s) requires minors to be present in a photograph taken by The Photographer(s), it is The Client(s) responsibility to arrange consent of any minors to be photographed. It is The Client(s) responsibility to ensure that an adult, with the relevant checks, accompanies The Photographer(s).

If the booking is cancelled by the Client within one working day of the starting time, The Sketch Collective reserves the right to charge the full fee for the assignment. If a booking is cancelled within two woking days at the starting time, The Sketch Collective may charge 50% of the fee. For cancellations/postponements due to weather conditions The Sketch Collective reserves the right to charge the full fee and expenses. 

In such instances, The Sketch Collective may charge in full for expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that may have incurred prior or during the assignment taking place.

The Sketch Collective may make additional charges should an assignment overrun which is beyond the control of The Photographer(s) (e.g. including but not limited to; the Client requesting additional photographs over and above the Client's original brief etc).

Where possible, The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of The Photographer's interpretation of the Client's brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct.

Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer(s) reserves the right to terminate any assignment without notice if he deems the Client's behaviour to be unruly or unsafe. In such instances, The Photographer(s) reserves the right to charge full fees and expenses. The Client will fully reimburse The Sketch Collective for any loss/damage they cause to property or equipment of the The Photographer(s).

Force Majeure: 
The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury). Other cancellations can include, and are not limited to, location facilities, weather or lightning.

In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.

Negatives or digital files

The negatives, digital files and rights shall forever remain the property of The Photographer(s) unless written agreement is given by The Photographer(s). The negatives and digital files shall be kept by The Sketch Collective for no less than 6 months from the contract date. Any re-ordering of these must be placed within the 6 month period from the contract date unless notified by client for special requirements.

After the 6 month period The Photographer(s) reserves the right to correctly dispose all photographic material concerning the client. Photography may be kept longer than the 6 month period in order for The Sketch Collective to use in their portfolio and how they see fit.

Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

All reproductions or print orders should be placed with The Sketch Collective before the end of the 6 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time.

Colour Matching

Due to the nature of materials and processes, it is not possible to guarantee 100% colour matching. However, The Photographer(s) will endeavour to provide the closest possible match both on the shoot and digitally afterwards.

Prices & Terms

All prices shown within The Sketch Collective photography price list are subject to change without prior notice. The Sketch Collective reserves the right to amend these Terms and Conditions without prior notice.

Suppliers

Some of The Sketch Collective’s printing is produced externally, by trusted suppliers.

Whilst The Sketch Collective choose prospective suppliers for work to be undertaken The Sketch Collective cannot be made liable for any errors or delay in service incurred by suppliers. 

The Sketch Collective cannot accept liability for losses caused by the errors, unavailability or delay of services by the suppliers, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. 

The Sketch Collective cannot except any unacceptable or inadequate work produced by suppliers not recommended by The Sketch Collective.

Payment of Accounts

For all print jobs, payment is required in full before the print run is ordered by The Sketch Collective.

A deposit of 25% is required with any standard project before any work will be carried out. This figure is non-refundable. Once a piece of work has been completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the work, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

It is The Clients responsibility to keep a record of any due dates for payments on domain names and hosting and ensure payment is received with The Sketch Collective within 30 days of expiry date. The Sketch Collective will make efforts to remind The clients of renewal payments and will inform clients of annual payment dates when hosting or domain names are ordered by The Sketch Collective on behalf of The Client.

It is The Sketch Collective policy that any outstanding accounts for work carried out by The Sketch Collective or their affiliates are required to be paid in full, no later than 31 days from the date of the invoice unless by prior arrangement with The Sketch Collective. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will make every effort to contact clients via email and telephone to remind them of such payments if they are not received when due.

Work shall not be released until final payment is received.

Accounts unpaid thirty (30) days after date of invoice will incur charges and The Sketch Collective reserve the right to remove any material from service ie. Remove website from 'live' to 'not live'. The Client will incur a 5% charge to outstanding invoices every 28 days, under the Late Payment of Commercial Debts [Interest] Act 1998. 

If accounts are not settled or The Sketch Collective has not been contacted regarding the delay, access to the related design work, files and prints may be denied, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in County Court judgments (ccj's) being added to the clients credit rating.

Disputes

Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United Kingdom without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its solicitor's fees and costs. In all other circumstances, the parties specifically consent to the local, and national courts located in the United Kingdom. The parties hereby waive any jurisdictional or venue defences available to them and further consent to service of process by mail. The Client acknowledges that The Sketch Collective will have no adequate remedy at law in the event The Client uses the deliverables in any way not permitted hereunder, and hereby agrees that The Sketch Collective shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

If you have any queries relating to these Terms & Conditions please email info@thesketchcollective.co.uk