Terms and Conditions of Business
1. General
1.1. Estimates are based on current costs of production and, unless otherwise agreed,
are subject to amendment on or at any time after acceptance to meet any rise or
fall in such costs.
1.2. All quotes and estimates provided are exclusive of ANY tax due. VAT will be charged
at the prevailing rate at the time of invoice.
1.3. All work carried out at client’s request shall be charged at the agreed fee or our
standard hourly rate, based on our agency rate card.
1.4. Any additional costs required to complete a piece of work will be agreed prior to the
work taking place.
1.5. Proofs of all work may be submitted for client’s approval and Thrive Creative shall
incur no liability for any errors not corrected at final proof stage. Any further
changes necessitated thereafter shall be charged extra. It is the client’s prerogative
to ensure all work carried out is approved for correct content including grammar,
spelling, and technical content. Colour match proofs are available at all stages of
pre-press at the request of the client.
2. Price, Payment & Delivery
2.1. All quotes provided are valid for 30 days, unless otherwise stated, and are exclusive
of VAT.
2.2. By signing and returning your quotation document, you are confirming your order,
your acceptance of the prices quoted, and our standard terms and conditions.
2.3. A deposit will be required on receipt of a signed quotation, prior to the
commencement of the project.
2.3.1. On completion of your order, payment for the final balance will be required
on receipt of invoice. Goods or services will not be released until we are in
receipt of cleared funds.
2.4. For all other invoices, our standard payment terms are 21 days from date of invoice.
2.4.1. The grant of any licence or right of copyright is conditioned on receipt of full
payment. Once full payment has been received any brand, artwork or
website become the property of the client.
Last Updated: 10/05/2021
2.4.2. If payment is not made within the specified terms of the invoice Thrive
Creative Ltd will exercise their right to charge interest on this amount to
cover their overdraft usage fee and all other costs incurred. This will be
charged at the Statutory Interest rate of 8% above the Bank of England Base
Rate. Interest will be charged from the day the invoice becomes overdue,
until the payment is completed. We may also claim any costs incurred in
recovering monies owing.
2.4.3. Delivery of work shall be accepted when tendered and there upon or, if
earlier, on notification that the work has been completed the ownership
shall pass and payment shall become due.
2.4.4. Unless otherwise specified the price quoted is for delivery of the work to
the client’s address as set out in the estimate. A charge may be made to
cover any extra costs involved for delivery to a different address.
2.4.5. Should expedited delivery be agreed an extra may be charged to cover any
overtime or any other additional costs involved.
2.4.6. Should work be suspended at the request of or delayed through any default
of the client for a period of 30 days Thrive Creative Ltd shall be then entitled
to payment for work already carried out, materials specially ordered and
other additional costs including storage.
2.5. Thrive Creative Ltd shall not be liable for any loss to the client arising from delay in
transit not caused by Thrive Creative Ltd. Internet designs are completed and
published at the risk of the client and the proprietor cannot be held responsible for
third party costs incurred by the content of such designs. It is the client’s
responsibility to ensure the contents is in keeping with English laws inc. copyright,
criminal law, patents, trademarks and any other authority legislation affected by the
content of the web site. The proprietor reserves the right to terminate at any time a
contract to design, print, publish any material felt to be in contradiction of any of
these laws (see section 4.2)
3. Insolvency
3.1. If the client ceases to pay his debts in the ordinary course of business or cannot pay
his debts as they become due or being a company is deemed to be unable to pay its
debts or has a winding-up petition issued against it or being a person commits an
act of bankruptcy or has a bankruptcy petition issued against him, Thrive Creative
Ltd without prejudice to other remedies shall;
Last Updated: 10/05/2021
3.1.1. have the right not to proceed further with the contract or any other work for
the client and be entitled to charge for work already carried out (whether
completed or not) and materials purchased for the client, such charge to be
an immediate debt due to him, and;
3.1.2. in respect of all unpaid debts due from the client have a general lien on all
goods and property in his possession (whether worked on or not) and shall be
entitled on the expiration of 14 days’ notice to dispose of such goods or
property in such manner and at such price as he thinks fit and to apply the
proceeds towards such debts.
4. Data Protection & Client Conduct
4.1. Information provided by the client will be held and used in accordance with the DPA
2018 and the UK GDPR. Thrive Creative Ltd will not disclose such information to any
unauthorised person or body but where appropriate will use such information in
carrying out its various functions and services. Information would only be passed to
a Third Party in relation to the provision of Third Party Services requested by the
client. All data may also be provided for use in connection with the prevention or
detection of fraud or other crime, at the request of law enforcement agencies or
other authorities. Data retained for completion of a piece of work will be
deleted/destroyed by Thrive and any Third Parties following final approval of the
work.
4.2. Illegal matter:
4.2.1. Thrive Creative Ltd shall not be required to publish any matter which is or
may be of an illegal or libellous nature or an infringement of the proprietary
or other rights of any third party.
4.2.2. Thrive Creative Ltd shall be indemnified by the client in respect of any claims,
costs and expenses arising out of any libellous matter or any infringement of
copyright, patent, and design or of any other proprietary or personal rights
contained in any material published for the client. The indemnity shall extend
to any amounts paid on a lawyer’s advice in settlement of any claim. It is the
responsibility of the client supplying images, text and any other elements
forming the final design to ensure they are copyright approved and/or
permissions have been granted for their usage if not owned/copy written by
the client.
5. Force Majeure
5.1. Thrive Creative Ltd shall be under no liability if they shall be unable to carry out any
provision of the contract for any reason beyond their control including (without
limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of
power supply, lock-out, strike or other action taken by employees in contemplation
or furtherance of a dispute or owing to any inability to procure materials required
for the performance of the contract. During the continuance of such a contingency
the client may by written notice to Thrive Creative Ltd elect to terminate the
contract and pay for work done and materials used, but subject thereto shall
otherwise accept delivery when available.
Last Updated: 10/05/2021