Terms and Conditions
Littlefish Creative Agency terms and conditions
- By commissioning Littlefish Creative (a trading name of Littlefish Creative Agency) a client agrees with and is bound by the terms and conditions below.
- The following terms and conditions apply to all products and services provided by Littlefish Creative.
- All work is carried out by the company is done on the understanding that the client has agreed to Littlefish Creative terms and conditions.
- Copyright is retained by Littlefish Creative on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Littlefish Creative as fulfilling the contract. All other designs remain the property of Littlefish Creative unless agreed in writing that this arrangement has been changed.
- The Client: The company or individual requesting the services of Littlefish Creative.
- Littlefish Creative adviser/consultant/copywriter/designer/site owner and employees or affiliates.
- These terms and conditions should be read and understood (where applicable in conjunction with any quotation provided by Littlefish Creative) and structure an obligatory agreement between the client(s) and Littlefish Creative.
- These terms and conditions apply in full and exclude all other terms and conditions whether provided by the client or any third party unless previously agreed by Littlefish Creative in writing.
- Littlefish Creative in consideration of the payment by the client of the fees as accepted in the quotation, agree to provide the goods and/or services described in the same quotation subject to these terms.
- Quotations are valid for 30 days from date of submission.
- All costs quoted are exclusive of VAT.
- The client will co-operate with and act in good faith towards Littlefish Creative and provide on request such source materials and information as required.
- Littlefish Creative may charge additional fees in the event of delays or additional works caused or required by the client, including its failure to provide Littlefish Creative with such information, materials, instructions, media or approvals, as are reasonably required for the supply of the works, appropriately and/or on time. Littlefish Creative also reserves the right to make additional charge in the event of changes to the cost of labour, materials, services and other conditions outside of Littlefish Creative reasonable control, or the client requires the supply of additional or varied works, goods and services in addition from those described in the quotation to which these terms apply.
- If the client requires any change or alteration to the works stated in the quotation, Littlefish Creative and the client shall, prior to any change being implemented, will agree the nature of the change, the procedures for implementation of such a change; and the deviation to the quotation in respect of the fees. Littlefish Creative will continue to provide the goods and/or services described in the quotation until any such change has been formally proposed and agreed by both parties.
- In consideration of, and upon payment of, the fees in full, the client shall have the rights of use as set out. Such rights shall take effect on receipt by Littlefish Creative of the fees. Where no such rights are specified the client is granted a non-exclusive license to use the works for the purpose described in the quotation. Rights of Use shall be extended only with the consent of Littlefish Creative and payment of additional fees.
- Littlefish Creative warrants that it will use reasonable efforts to ensure that the works do not infringe the copyright of any third party. However Littlefish Creative accepts no responsibility for any infringement of copyrights to any third party, this responsibility lies firmly with the client.
- The client shall inspect the works regularly and shall inform Littlefish Creative immediately if it wishes to reject any part of the works because such do not comply with the quotation or are defective in material and workmanship; if the works do not comply with the quotation or are defective in material and workmanship Littlefish Creative liability shall be limited to correcting such defects within a reasonable time.
- Client shall only be entitled to reject the Works because such do not comply with the quotation or are defective in material and workmanship Rejection without good reason shall be deemed a breach of these terms.
- Littlefish Creative retain the right to charge for incurred man-hours and labour (management, design and development), if requested to undertake provisional work where there is no genuine generated outcome, or that information or work undertaken is used by the client, whether commercially or speculatively, in their dealings with third parties.
- Littlefish Creative’s liability for any loss or damage direct or otherwise and howsoever caused whether intended or not, including negligence, or otherwise shall not exceed the amount invoiced by Littlefish Creative to the client hereunder. Littlefish Creative shall not be liable to Client for any consequential loss or damage.
- When instructions or advice are given or received orally by Littlefish Creative, it shall have no liability to Client for any misunderstanding or misrepresentation, which may arise in relation thereto except in relation to fraudulent misrepresentations. Littlefish Creative shall have no liability to the client in respect of the materials.
- All Intellectual Property rights, copyright, design right, registered designs, trade marks, patents, database rights and confidential information and ideas and all other rights whatsoever of a like nature world wide whether registered or not of whatever nature in material devised, created or commissioned by Littlefish Creative, in supplying the works and under this agreement will vest in and belong to Littlefish Creative, unless otherwise agreed and specified in writing on the Request or otherwise and signed by both Parties. If works has been released to Client, Littlefish Creative retain title of them until such time as Client has paid the full fees.
- Littlefish Creative gives no warranty, representation or undertaking in relation to any third party materials or works. Prior to any selection, use or reproduction by the client of works, Littlefish Creative shall use reasonable efforts to, on reasonable request, provide the client with copies and evidence of such rights, clearances, permissions and licenses as shall be necessary for the use of the works by the client.
- Littlefish Creative shall be entitled to immediately restrict, suspend or terminate the works and the client’s use of any works and or terminate this Agreement upon the client’s material breach of this agreement (including without limitation the non-payment of any sum as and when due) unless the client remedies such breach within 14 days of its occurrence. Littlefish Creative will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Littlefish Creative including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- The client may not unilaterally cancel its order of the works or otherwise terminate this agreement (except for material breach by Littlefish Creative of a fundamental term of this agreement) at any time without full payment of the fees.
- The client undertakes that it will keep secret and confidential the terms of this agreement and any information supplied by Littlefish Creative in connection with this agreement or the business of Littlefish Creative (including any design, concept or proposal) and the works and shall not disclose or make available such information or part thereof to any third party (except to its own employees and then only on a need to know basis) without Littlefish Creative prior written consent provided that this Clause shall not extend to information which was and can be shown to be rightfully in the possession of the client prior to the commencement of the negotiations leading to this agreement or which is in the public domain (other than as a result of a breach of this Clause); the client undertakes to Littlefish Creative to indemnify and hold harmless Littlefish Creative in full and defend at its own expense Littlefish Creative against all costs, damages and losses incurred by Littlefish Creative arising out of its use of the materials or breach by the client of this clause.
- Any concepts, designs or works whether speculative or commissioned disclosed to third parties before any form of payment, contract or agreement is made and without prior permission or consent from Littlefish Creative will be deemed as contractually chargeable work, at the standard agency rate, and therefore in accordance with the standard outline terms of condition of payment. Breech of disclosure will nullify any speculative agreement whether verbal or written.
- Littlefish Creative may include the statement ‘Designed by Littlefish Creative’, and suitable contact information together with appropriate copyright notices, on the Design(s) and/or Website. Any withdrawal request for such statement may be subject to a withdrawal charge.
- During the course of an Agreement and for a period of 12 months afterwards, the client shall not solicit the staff or third party contractors of Littlefish Creative or entice them to transfer their employment or services.