Terms & Conditions
Working with us
Our agency terms and conditions
Thank you for commissioning us. We really value your business and have put together the following terms and conditions to make the process and your obligations transparent, fair and easy to understand.
Accepting a SIM7 quote and/or payment of a deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below and please do contact us if anything is not clear.
1.All costs provided exclude VAT where applicable and are valid for 60 days from the date of the quotation.
2. The costs we provide when quoting are guide prices based upon what we anticipate the creative time and production requirements to be.
These are based on previous experience and on typical processes, in addition to your cooperation in the provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are variations to any of these, although we will make you aware of this in advance.
To be clear: what you’ll be billed is unlikely to deviate from what we’ve quoted unless the requirements have changed.
3. No creative or development work will commence until we have received a deposit of 20% of the agreed costs (unless otherwise agreed). As a growing business, this ensures that we are fully equipped to provide the highest levels of service and expertise from the start of the project through to completion. This also applies if a project is delivered in ‘stages’.
4. Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on delivery of printed items, publishing of website, sending of e-shot etc): failure to make final payment at this point may result in delays in project delivery.
5. If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion, and we reserve the right not to move on to the next stage until payment has been made.
6. SIM7 reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project (or stage) should the project (or stage) be unable to be completed for any reason or has been delayed/put on hold by the client for a period of four weeks or more.
7. Any major printing, fulfilment, mailing or third-party services (with a value of over £3,500.00) that are provided by us will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost. This figure will be at our discretion and may in some cases be as much as 100%. Please note that we will be unable to proceed to this stage without receipt of or proof of this payment.
8. Unless otherwise stated above or previously agreed in writing, all invoices are due within 14 days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on timescales.
9. Unless otherwise agreed, work will usually commence within five working days of deposit receipt (typically sooner). Any anticipated completion date provided by us is subject to options chosen and client co-operation in provision of information, resource (logos, images, etc.) and approval.
We will do our very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, requested amends, or additional requirements may potentially result in delays. Timelines provided are estimated but the agency will not be held liable if the project overruns due to delays caused by the client prolonging the provision of information or approval, or any third party issues or force majeure (such as an act of God).
10. Unless otherwise agreed in writing, costs provided allow for one set of client amends. After which, additional charges may become payable, although you would be made aware of this in advance.
11. At the end of each stage of the process (including – but not limited to – before sending an item to print, or publishing a website, etc.) you will need to ‘sign-off’ your approval either in person, over the telephone or by email. Typically, no further development can be undertaken until we are in receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges for further time spent, although you would be made aware of this in advance.
12. Unless otherwise agreed in writing, time (including travel) for meetings, travel expenses and any overnight stays will be billable and built into the initial estimates at each stage.
13. Unless otherwise specified, costs quoted exclude the following where relevant: VAT; printouts; image scanning; postage; web hosting; couriers; other third-party costs incurred (such as merchant bank and payment gateway charges), etc.
These items will be billable separately at the cost price + 15% + VAT.
14. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at cost + 15% + VAT per image (dependent on source, image size and quality) to cover sourcing time and storage. Specific image requirements not satisfied by our standard sources will be charged at cost + 20% + VAT, with prior client notification.
15. We recommend that clients use our preferred suppliers for print and will be able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print-liaison to proof checking. Although you are not contract-bound to use us to provide this service, it is highly recommended for quality control and peace of mind.
If you prefer to use your own print supplier, we will simply provide artwork directly to you to manage and forward. We will be unable to monitor, advise or take any responsibility for the process or final output.
16. Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source – e.g. the agency printer, the client’s printer, the image setter, the monitor – will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this, we are unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client.
In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However, as long as you accept there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors.
17. Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of SIM7. Full copyright and ownership of all ‘commissioned’ work will reside with SIM7 until full payment has been received, at which point the agency will surrender to you, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process).This agreement is subject to appropriate credit and acknowledgment appearing and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
18. SIM7 will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is your responsibility to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
19. If requested, we will (at our discretion) provide you with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file, etc). However the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with SIM7 for non-exclusive future use.
20. We will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
21. The client agrees to indemnify SIM7 and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. We are not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
22. The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final submission date. We will not be liable for any claims made after this period.
23. For all web related projects, unless specifically stated, you will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
24. Appropriate credit and acknowledgment for work produced by the agency may be attributed to SIM7 where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with you.
25. These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. SIM7 reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.
26. These terms and conditions are governed by and construed in accordance with the laws of England and Wales.