Studio Mix Ltd: The following Terms and Conditions of Service apply to all products and services provided by Studio Mix Ltd hereinafter referred to as (‘the Company’) and in the event of any dispute are governed by the laws of England.

All work is carried out by the Company on the understanding that the client has agreed to our terms and conditions.

Charges & Billing

  1. 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 quoted in advance and charged accordingly. Deliveries and courier services are additional. However, when quoting for bespoke one-off exhibits (e.g., cars, stands, or other items), the quote will include two sets of full amendments as part of the process.
  2. All estimates are based on expected or agreed design time and include two sets of author corrections where the Client requests alterations. Any additional changes required by the Client will not be included and will be charged at hourly rate. Any purchasable products required as part of the process should be supplied as specified. We do not overrule choices, if these are incorrect, the costs are incurred by the client, not the Company.
  3. All charges and prices for services carried out by the Company are subject to VAT (where applicable) at the prevailing rate.
  4. A signed purchase order (preferably with a PO number and project value) will need to be raised for the full quoted and agreed amount before work can commence.
  5. Where there is a change to the agreed brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
  6. Once the client has paid in full, they will own the intellectual property (IP). However, the Company reserves the right to use any images or IP for promotional activities, solely for the purpose of positive marketing, to further the Company’s success.
  7. All work is billed either monthly, upon completion of a project stage, or at the relevant hourly rate as previously agreed. For quoted work, the Company has taken every care to provide accurate estimates. However, we reserve the right to adjust the charges if necessary. We will provide fair warning prior to implementing any additional charges.
  8. For all new Clients, payment of the full or part amount plus VAT may be requested in advance of commencement, as agreed between the parties. For any subsequent invoiced work, the Company must receive full payment no later than 30 days after the invoice date unless otherwise stated on the invoice. The Company reserves the right to apply a surcharge of 2% per month interest on accounts not paid within this time frame. Client credit screening may affect any subsequent credit agreement.
  9. Once a Client has agreed to the Company’s current Terms and Conditions on a credit account, the Company may invoice in project stages, upon stage completion unless where exceptional terms have been agreed with the client.
  10. The Company reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.
  11. Disbursements on behalf of any client may result in a request for payment in advance from the Client.
  12. The Company reserves the right to request final payment prior to the delivery of the final creative or digital files. The intellectual property (IP) remains with the Company until full payment has been received (see point 6).
  13. Unless full payment has been made on the Client ’s account and all project costs have been cleared, we reserve the right to withhold future supply of goods and, in the case of web services, this may include recalling services including the hosting of websites.
  14. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that the Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.

Project Work

  1. All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
  2. Any indication given by the Company of a design project’s duration is to be considered by the Client to be an estimation. The Company cannot be held responsible for any project over-runs, whatever the cause.
  3. The Company shall always take commercially reasonable steps to meet the Client ’s request. Where this is not possible, an alternative, (possible less-favourable) solution may be provided.
  4. The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
  5. Once final proofs or materials have been approved by the Client, the Company shall not be held liable, financially, or otherwise, for any errors related to print, programming, or any end product, including the construction process of any end product.
  6. Whilst every effort will be made to achieve agreed delivery dates, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
  7. As part of larger projects which involve 3rd parties commissioned directly by the Client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
  8. Where the project requires a number of products to be printed or manufactured, every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Client ’s best interest.

Copyright & IP

  1. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design, or other intellectual property provided. Therefore, the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
  2. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
  3. By supplying images, text, or any other data to the Company, the Client grants the Company permission to use this material freely in the pursuit of the design.
  4. All creative work produced (including words, pictures, ideas, visuals and illustrations) and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company unless specifically released in writing and after all costs have been settled.
  5. If a choice of designs is presented as part of the creative process, only the chosen design is deemed to be given by us as fulfilling the contract. All other designs remain the property of the Company, unless specifically agreed in writing.
  6. Should the Company agree to provide design concepts as part of a pitch (whether free of charge or subject to a pitch fee), the design (which includes the design idea) remains the property of the Company until such time it is purchased by the Client.
  7. The Client has the right to reject the Company’s designs, but the Company will pursue damages should the Client utilise the design concept (or the core design idea).
  8. The Client agrees to indemnify fully and protect the Company from any claims that may arise due to the Client’s failure to obtain all necessary copyrights and/or permissions.

Materials

  1. It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to the Company by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. The Company will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
  2. In good faith, the Company shall hold any supplied files, originals, and materials for a period of up to 12 months. Resumption of works on an ‘open’ project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
  3. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

Data Protection

  1. In accordance with GDPR, if the Client wishes the Company to handle or process any of their Client data, or to provide systems to process personal data (e.g., web-based databases), it is the Client ’s legal responsibility to ensure that the requested processes are data-compliant and to have a written contract in place with the Company for such processes. Additionally, it is the Client ’s responsibility to ensure they have obtained the necessary consents from individuals for any personal data they provide to the Company for processing. The Company will not be held liable for any data breaches that occur due to the Client not having adequate measures in place to prevent such incidents. The Client should ensure they have sufficient insurance to cover potential data breaches.

Dispute & Liability

  1. The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
  2. The Client agreed that the Company shall hold no responsibility for any amendments made by any third party after the artwork has been supplied by the Company to the Client
  3. In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
  4. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within three working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
  5. Any discrepancies relating to any invoice must be reported to the Company within one calendar month from the date of issue. The Company reserves the right to dismiss any claims and will not be held liable in respect of any claim should the aforementioned requirement not be adhered to.

Credit & Marketing

  1. The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work conducted for the Client.
  2. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
  3. Terms and Conditions may be changed at any time without prior notice.