Terms of Business
We want to be sure that Fresh Bread Marketing Limited provides the best service and products to you, our clients.
These Terms of Business form part of our contract with you in order that we can both be clear what is expected of us and should be read in conjunction with the estimate we have prepared for you. They have been devised to minimise any potential misunderstandings. Agreement to work with us, Fresh Bread Marketing Limited, constitutes agreement to these Terms of Business.
These Terms of Business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Fresh Bread Marketing Limited reserves the right to change or modify these terms at any stage with immediate effect.
1. Estimate
1.1 All charges & prices for services carried out by Fresh Bread Marketing Limited are subject to VAT (where applicable) at the prevalent rate.
1.2 All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be charged accordingly. Deliveries and couriers are additional unless otherwise stated.
1.3 The estimate is our quotation for the work commissioned. We try wherever possible to make the estimate as accurate as possible.
1.4 If any changes / refinements to the original instructions are made we will supply you with a revised estimate / update on costings.
2. Copyright & Intellectual Property
2.1 All ideas, visuals, imagery, designs, copy and code remain copyright of Fresh Bread Marketing Limited until final payment.
2.2 On receipt of payment if requested, Fresh Bread Marketing Ltd will (at its discretion) provide you with end-artwork in its final form e.g. print-ready PDF. However Fresh Bread Marketing Ltd will not by default (and possibly without further charge) provide you with original artwork or code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project.
2.3 Ownership and copyright of all unused or rejected files, documents and designs will reside with Fresh Bread Marketing Ltd for non-exclusive future use.
2.4 For all web related projects, unless specifically stated, on receipt of payment you will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
2.5 Where Fresh Bread Marketing Ltd has created illustrations or shot photography for your project, the copyright to this imagery remains with Fresh Bread Marketing Ltd. You have a licence to use these images in the printed material or website that we have created for you. The copyright and therefore the free use of the photography/illustrations can be purchased at an agreed cost.
2.6 Where we have introduced a professional photographer to you, it is your responsibility to agree with them their costs, invoicing arrangements, copyrights and any terms and conditions that may apply.
2.7 Fresh Bread Marketing Ltd will never knowingly infringe any copyright or trademark and will deliver, to the best of our knowledge, creative solutions that are original and unique.
2.8 Unless otherwise agreed in writing, it is your responsibility as the client to ensure that no copyright or trademark has been infringed. It is your responsibility to ensure that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied by you to us, Fresh Bread Marketing Ltd, will have the relevant copyrights, licenses and permissions for use in the commissioned project. Fresh Bread Marketing Ltd will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
2.9 It remains your responsibility to seek copyright protection if desired for any creative/intellectual property provided to you by Fresh Bread Marketing Ltd ie to make your own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
3. Approvals, Authority & Proofing
3.1 On your approval to proceed with the estimate we will progress the project. At each stage of development you are required to proof and check the details including any accompanying pricing. It is your responsibility as the client to proof read and approve all final copy and design.
3.2 You will need to ‘sign off’ with your written approval either in person or by email including – but not limited to – before we send an item to print, editorial to a publication, producing signage or publishing a website. This ‘sign off’ shall be conclusive as to your approval for artwork prior to its release for printing, implementation or installation.
3.3 No further development can be undertaken until Fresh Bread Marketing is in receipt of your written approval.
3.4 While Fresh Bread Marketing Ltd takes care to avoid errors, we will not be responsible for errors or omissions in the any work after you (or your representative) have completed ‘sign off’ including typographical errors, spelling mistakes, or incorrect information. Once final proofs have been ‘signed off’, Fresh Bread Marketing Ltd cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
3.5 Any amends to work after your signed approval may incur additional charges for further time spent, although you will be made aware of this in advance.
3.6 No refunds or reprints will be given following final approved design has gone to print due to oversights by you in proof reading.
3.7 Please be aware there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, vinyls and final printed items which we can not accept any responsibility for. These variances are determined by the source of the print (each output source will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly depending on what stock or substrate they are printed on), the type of print process, the substrate and individual preferences (ambient light, personal computer settings etc).
3.8 If you prefer to use your own print supplier, we Fresh Bread Marketing Ltd will simply provide artwork directly to you to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
4.Confidentiality
4.1 Fresh Bread Marketing Ltd will not disclose in any manner (without permission) during or after our term of appointment any confidential information shared. We will act reasonably to protect such information and treat it as strictly confidential.
4.2 If we make a presentation to you, the information within it belongs exclusively to us and must be treated as confidential information and may not be used or disclosed in any form without our permission.
4.3 Fresh Bread Marketing reserves the right to use both initial creative concepts and final approved design work for the purposes of the our company’s marketing activities (both online and offline) unless otherwise requested/agreed with you a small credit and / or a Fresh Bread Marketing graphic may be included on printed material, displays, signage, websites, and advertisements.
4.4 You agree to allow Fresh Bread Marketing Ltd to place websites and other designs, along with a link to your site on Fresh Bread Marketing’s own website for self promotional purposes.
5. Payment
5.1 For all new clients payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties.
5.2 Unless otherwise stated or previously agreed in writing, Fresh Bread Marketing Ltd must receive full payment no later than 30 days after the date of Invoice. Fresh Bread Marketing Ltd reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time.
5.3 Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
5.4 All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of Fresh Bread Marketing Ltd until full project costs have been paid to Fresh Bread Marketing Ltd.