REVISED TERMS & CONDITIONS, Creative Concern
These Terms and Conditions govern all Contracts under which Creative Concern operates. They may only be varied with the prior written agreement of Creative Concern. These Terms and Conditions shall apply to all contracts for services provided by Creative Concern to its Clients.
1. Definitions and Interpretation
In these Terms and Conditions, the following words shall have the following meanings:
"Agreement" means the contract between Creative Concern and the Client.
"Client" means the person or organisation to whom the Agreement is issued.
"Confidential Information" means any information given to or obtained by either party under the Agreement that relates to the Services and is designated as confidential in writing by the disclosing party.
"Intellectual Property" means any copyright, design right, trademark, trade name, know-how, patentable invention (as defined by the Patents Act 1977), database right (as defined by the Copyright and Rights in Databases Regulations 1997), or any legally protectable intellectual property right.
"Intellectual Property Rights" (IPR) means all rights in Intellectual Property.
"Price" means the charges, taxes, and expenses specified in the Agreement or contract for the supply of Services.
"Services" means the services to be supplied by Creative Concern to the Client as specified in the Agreement or Contract.
"Special Conditions" means any additional terms expressly agreed in writing by both parties that modify or supplement these Terms and Conditions.
2. The Services
2.1 Creative Concern agrees to provide Services to the Client in accordance with these Terms and Conditions and any Special Conditions agreed between the parties.
2.2 Creative Concern shall use reasonable endeavours to deliver the Services within the agreed timeframe, exercising reasonable skill, care, and professionalism. Time shall be of the essence for the performance of obligations by both parties.
2.3 Creative Concern shall, where practicable, align its delivery of Services with its commitment to sustainable development theory and practice, as outlined in its publicly available sustainability commitments.
2.4 The Client shall provide reasonable assistance to facilitate Creative Concern’s execution of the Services, including access to relevant staff, premises, resources, and materials. The Client also agrees to disclose relevant intellectual, financial, and market information that is necessary and within its control.
2.5 Any changes to the agreed cost or scope must be approved in advance in writing by the Client.
2.6 No order for the supply of Services shall be binding unless accepted in writing by Creative Concern.
3. Warranties
3.1 The Client warrants that all information and materials it provides shall be accurate and sufficient for Creative Concern to perform the Services.
3.2 Creative Concern shall not issue invoices until the work has commenced. Payment may be staged, with part payment due upon completion, as agreed in writing between the parties.
3.3 The Client warrants it holds the necessary rights to use or disclose any Intellectual Property provided to Creative Concern for use in the Services.
4. Performance and Liability
4.1 Except in cases of death or personal injury caused by negligence or wilful misconduct, the aggregate liability of either party shall not exceed the total Price paid under the Agreement. Neither party shall be liable for indirect, incidental, or consequential loss.
4.2 If delivery of the Services is delayed for any reason beyond the reasonable control of Creative Concern, the Client shall not be entitled to terminate the Agreement unless the delay exceeds six (6) months. Timelines may be revised by mutual written agreement.
5. Confidentiality
5.1 Neither party shall disclose any Confidential Information without prior written consent of the other party, except where required by law.
5.2 Upon termination of the Agreement, each party shall return or securely destroy all Confidential Information belonging to the other, unless otherwise agreed in writing.
6. Intellectual Property and Copyright
6.1 Copyright of all material originated by Creative Concern (including text, images, designs, reports, and documentation) remains vested in Creative Concern unless otherwise agreed in writing.
6.2 Subject to full payment, Creative Concern grants the Client a non-exclusive, non-transferable licence to use such materials for the purposes defined in the Agreement. Further use or distribution requires written consent.
7. Invoicing and Payment Terms
7.1 Prices are exclusive of VAT unless otherwise stated.
7.2 Payment shall be made in GBP within 30 days of the invoice date. Cheques shall be payable to Creative Concern Ltd. BACS payments shall be made to the bank account specified on the invoice. Invoices will only be issued once the project has commenced, and a portion of payment may be withheld until completion if agreed in writing.
7.3 Overdue payments shall accrue interest at 4% above the Bank of England base rate, compounded daily, unless otherwise agreed.
7.4 Creative Concern reserves the right to request part payment in advance from new Clients.
7.5 No public announcements, press releases, or posts referring to the Client or the project shall be made without the Client’s prior written approval. This clause may be waived at the Client’s discretion.
7.6 Any cost increases will be agreed in advance with the Client.
7.7 Payment timings will be agreed with the Client at the start of the project. Any alteration to those payment timings must be agreed by both Parties.
8. Data protection
8.1 Each party shall comply with applicable data protection legislation (including the UK GDPR and Data Protection Act 2018).
8.2 Each party agrees to indemnify the other against any loss or damage arising from its own breach of applicable data protection laws.
9. Force Majeure
Creative Concern shall not be liable for any delay or failure in performance due to circumstances beyond its reasonable control, including acts of God, strikes, natural disasters, or governmental restrictions.
10. Termination
10.1 Either party may terminate the Agreement by giving four weeks’ written notice if the other party commits a material breach not capable of remedy, or fails to remedy a breach within 30 days of written notice.
10.2 Creative Concern may terminate the Agreement immediately by written notice if the Client fails to pay in accordance with Clause 7.
10.3 Notices may be served by hand, email, or post. Service by fax is not permitted.
10. Effect of Termination
10.1 Termination shall not affect any accrued rights or obligations existing at the date of termination.
10.2 The following clauses shall survive termination: Confidentiality, Intellectual Property, Liability, Payment, and Dispute Resolution.
11. Effect of Termination
11.1 Termination shall not affect any accrued rights or obligations existing at the date of termination.
11.2 The following clauses shall survive termination: Confidentiality, Intellectual Property, Liability, Payment, and Dispute Resolution.
12. Assignment and Subcontracting
Creative Concern may subcontract part or all of the Services. Subcontracted work shall remain under the management and responsibility of Creative Concern and subject to these Terms and Conditions.
13. Waiver, Variation and Representations
No variation of the Agreement shall be effective unless in writing and signed by both parties. No failure or delay by either party in enforcing any right shall constitute a waiver.
14. Notices
All notices under the Agreement must be in writing and delivered to the address specified in the Agreement by hand, email or pre-paid post. Parties must notify the other of any change in contact details.
15. Dispute Resolution
14.1 Both parties shall attempt in good faith to resolve any dispute through negotiation.
14.2 If unresolved, the dispute may be referred to mediation under the following procedure:
A mutually agreed Mediator shall be appointed.
A meeting shall take place within 21 days of appointment to determine mediation procedures.
If resolution is achieved, it shall be documented and binding.
If not, either party may request a non-binding written opinion from the Mediator, on a without prejudice basis.
16. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with English law. The parties submit to the exclusive jurisdiction of the English courts.
