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Terms and Conditions

Prolific Digital Creations Limited is pleased to set out their Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Prolific Digital Creations Limited ’s services.

1.Prolific Digital Creations Limited’s Role:

1.1. The Services: Prolific Digital Creations Limited will provide the services described in the Order/Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Prolific Digital Creations Limited will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary. If the scope of a brief does not change, the Quote/Production Estimate covers 1 (one) round of what would be deemed as reasonable creative changes (unless otherwise detailed in the production estimate) following the presentation of an initial concept, this does not extend to functional changes that were approved in a scoping document. Revisions briefed thereafter will be charged according to Prolific Digital Creation Limited’s standard hourly rate card.
1.2 Information: To maximise Prolific Digital Creations Limited ’s effectiveness we must work with you as a team. Often Prolific Digital Creations Limited ’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification Prolific Digital Creations Limited will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Termination: Should you wish to terminate the contract prior to commencement of work, Prolific Digital Creations Limited will be entitled to a penalty of 20% of any quotations mentioned in the Quote/ Production Estimate. Should the project be terminated after work has commenced, you will be invoiced the 20%, or for work already completed, whichever is greater.
1.4. Force Majeure: Prolific Digital Creations Limited shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Prolific Digital Creations Limited ’s reasonable control.

2.Payment Terms and Conditions:

2.1 Payment Terms and Conditions: Invoices shall be settled by telegraphic transfer into Prolific Digital Creations Limited ’s nominated bank account or by paying through a valid payment method (Credit or Debit Card) within 14 days of the date on the invoice unless agreed otherwise. Prolific Digital Creations Limited reserve the right to charge interest on invoices that are not paid within that time at the rate of 18% per annum. For Fixed price projects paid through www.prolificdigital.co.uk should always be paid upfront before the start of the projects.
2.2 Other Specialist Services: Prolific Digital Creations Limited ’s estimate is exclusive of third-party costs such as photography, illustration, video production, sound recording etc unless otherwise included in the estimate. Prolific Digital Creations Limited may, unless you instruct us otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be passed on to and will be quoted according.

3.Scoping:

3.1 In most cases, Prolific Digital Creations Limited will provide a scoping document which details the functionality in the work we do for our clients, this includes but is not limited to a website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.

4.Content

4.1 It is your responsibility to provide us with the required information about your business and marketing objectives. Prolific Digital Creations Limited takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word or an ASCII text file. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made. You grant Prolific Digital Creations Limited permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Prolific Digital Creations Limited from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

5. Confidentiality:

5.1 Confidentiality: Save as required by law, Prolific Digital Creations Limited will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Prolific Digital Creations Limited may, however, disclose your documents and affairs to: (i) such of your other service providers as you inform Prolific Digital Creations Limited are involved in any assignment on which Prolific Digital Creations Limited is instructed; (ii) Prolific Digital Creations Limited ’s affiliates or related parties; and (iii) any other service provider to whom Prolific Digital Creations Limited may properly delegate aspects of any assignment in order to provide a full range of services to you.

6. Intellectual Property:

6.1. Freedom to use Ideas and IP: Prolific Digital Creations Limited may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Prolific Digital Creations Limited, shall, upon you paying Prolific Digital Creations Limited in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Prolific Digital Creations Limited or third parties engaged or employed by Prolific Digital Creations Limited .

7.0 Indemnity

7.1 All services may be used for lawful purposes only. You agree to indemnify and hold Prolific Digital Creations Limited harmless from any claims resulting from your use of our service that damages you or any other party.

8.0 Liability

8.1 Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

9.Variation

9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.

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