Terms of Engagement

Our terms

We value an ongoing relationship with you. These Terms are the basis of that relationship and our commitment to you: to attend to your service requirements diligently, with efficient, effective and professional service.

These Terms of Engagement (“Terms”) apply in respect of all work carried out by THE CREATOR (2021) LTD trading as theCreator (“theCreator”) for you, except to the extent that we otherwise agree with you in writing.

 

Services

The services which we are to provide for you will be outlined in our proposal, statement of work, or itemised quotation.
In some instances, we may also outline work via email.

 

Client care

We are committed to doing our best to ensure that your needs are met. We will:

  • Protect and promote your interests and act free from compromising influences or loyalties.

  • Discuss with you your objectives and how they should best be achieved.

  • Act competently, in a timely way, and in accordance with instructions received and arrangements made.

  • Provide you with information about the work to be done and the way the services will be provided (if requested).

  • Protect your privacy and ensure appropriate confidentiality.

  • Treat you fairly, respectfully, and without discrimination.

  • Keep you informed about the work being done and advise you when it is completed.

  • Charge you a fee that is fair and reasonable and let you know how and when you will be billed.

  • Let you know how to make a complaint and deal with any complaint promptly and fairly.

 

The basis of our charges

Unless agreed otherwise, our rates are based on a range of factors including time, expertise, importance, urgency, and results achieved. Details of our charges are available at any time. We may also charge for administrative disbursements and travel expenses incurred on your behalf. These will be itemised separately, and we will notify you if any fees or disbursements need to be paid for in advance.

 

Quotations & fees

The fees which we will charge, or the manner in which they will be calculated, are set out in these Terms or our subsequent quotation. If the agreement/quotation specifies a fixed fee, we will charge this for the agreed scope of our services.

Quotations are based on information provided at the time of quoting. Any subsequent work which falls outside that scope or changes in instructions may incur extra charges. These charges are usually based on our hourly rates, with minimum billable increments.

 

Estimates

Estimates may include design, development, testing, deployment and acceptance support. Estimates are not binding and may vary. We will communicate with you as soon as we are aware that more or less time is required, and we will work with you on next steps before proceeding.

 

Disbursements and expenses

In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for such costs.

 

Invoicing

Invoices will usually be issued monthly and are payable within 20 days of the invoice date, unless otherwise agreed in writing.

 

If you have a query about an invoice, you must notify us in writing within 5 working days of receipt, identifying the specific cause of disagreement. You must pay the undisputed portion of any invoice on time.

 

We reserve the right to charge interest at 2.5% per month on any invoice not paid by the due date. Interest may be applied at our discretion and will accrue until full payment is received.

 

Debt recovery

If your account remains unpaid and is referred for collection, you will be liable for all costs of recovery, including debt collection agency fees, commissions, legal fees, disbursements, and court filing costs. These costs will be added to the outstanding balance.

 

Change requests acknowledgement

When you engage us, you are paying for professional advice and services. You have the right to request changes, but please note these may impact:

  • Project costs

  • Delivery timelines

  • Performance & results

  • Warranties of the work

 

Intellectual property

The client shall retain intellectual property/copyright for all finalised logos, drawings, photographs, designs, artwork, and websites prepared by theCreator once all fees are paid in full.

The client shall be entitled to use them only for the works and purpose for which they are intended.

TheCreator retains the right to promote results, designs and outcomes developed for the client within our portfolio, marketing material, and case studies.

 

Warranty period

All development work undertaken comes with a 3-month warranty period from go-live. Within this timeframe we will fix any issues or bugs directly related to the work completed. Outside this period, standard rates apply. All project fees must be paid in full for the warranty to remain valid.

 

Hosting

Websites developed by theCreator can be hosted on our servers. Hosting is charged monthly, for a minimum term of 12 months.

If you choose to host your own website, we cannot guarantee support for bug fixes under the warranty period, nor ongoing support for the code of the website.

If you wish to transfer hosting away from us, we will supply files once all accounts are up to date. Transfer fees may apply, covering preparation and supply of files.

Hosting fees are non-refundable.

 

Stopping & restarting a project

If a project is left stagnant by the client and theCreator has not been able to progress for a period of 8 weeks or more, this may incur extra charges to restart the project, covering re-briefing and reacquainting with the work.

 

Retention of files and documents

You authorise us (without further reference to you) to securely destroy or archive files and documents 1 month after our engagement ends, unless otherwise agreed.

 

Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information except within our company, or as required by law.

 

Complaints

We maintain a procedure for handling complaints, designed to ensure they are dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer it to the person in theCreator who has overall responsibility for your work. If you are not satisfied, you may escalate it to another director of the company.

 

Indemnity

Both parties agree to indemnify the other (and its officers, employees and agents) against any loss, damage, claim, action or expense (including legal expense) arising from:

  • A breach of this Agreement;

  • Inaccuracy of any materials or information supplied;

  • Infringement of third-party rights (including intellectual property rights).

Any dispute will first be referred to mediation. If not resolved within 30 days, either party may take legal action. Nothing in this clause prevents us from enforcing payment of any debt due.