OneSixOne
Terms & Conditions

“The Agency”

Refers to OneSixOne

“The Client”

Refers to the person, company or brand using the services of OneSixOne.

Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.

 

One

1.0 Payments and Quotes

1.1 All costs provided to The Client exclude VAT where applicable and are valid for thirty days from the date of the quotation.

1.2 The costs provided to The Client when quoting are guide prices based upon what The Agency anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus The Client’s co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although The Client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however The Client should allow a 10% contingency on price when considering their budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred. Charges are specified in xx

1.3 No creative or development work will commence until The Agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 65% of the total agreed costs (unless otherwise agreed in writing). This ensures that The Agency is fully equipped to provide the very highest levels of service and expertise, from project concept through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required from The Client before proceeding to each new stage.

1.4 Unless otherwise agreed in writing, the balance of payment will be due in full on project completion and prior to project delivery (e.g. on approval of logo, delivery of printed items, deployment of website, sending of photographic files etc). Failure to make final payment at this point may result in delays in project delivery. The Client must settle all invoices in full prior to final supply of assets and materials or projects going live. Late payments may result in additional charges being made. Charges are specified in xx

1.5 If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid by The Client in full on completion of each stage, before The Agency is able to progress to the next stage. Where a job is being charged in stages (for example, an initial 65% deposit and two further payments of 17.5% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of The Agency.

1.6 If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), The Agency reserves the right to invoice 17.5% of any outstanding balance, with the remaining 17.5% payable on completion. The Agency reserves the right to invoice for completed work irrespective of content or final approval being provided by the client.

1.7 Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points 3.0, 4.0, 5.0 and 7.0 above and how this could have an impact on time scales. 

1.8 Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel, postage etc.


Two

2.0 Creative Process

2.1 Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by The Agency is subject to options chosen and The Client’s co-operation in provision of information, resource and approval. The Agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but The Agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).

2.2 Fees provided allow for presentation of a minimum of two creative options per brief for The Client to choose from. In the unlikely event that The Client is not satisfied with the first round of presented work, The Agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, The Agency reserves the right to potentially bring to an end any agreement with The Client with no refund of deposit or payments made previously.

2.3 Costs provided allow for a maximum of three sets of amends from The Client after which, additional charges may become payable, although The Client would be made aware of this in advance.

2.4 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) The Client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until The Agency is in receipt of written approval confirmation. Any amends to work after signed approved will incur additional charges for further time spent, although the client would be made aware of this in advance.

2.5 Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between The Agency and The Client. Some meetings may incur additional charges for time spent, although The Client would be made aware of this in advance. Meeting times will be conducted between the hours of 10.00 to 16.00.

2.6 It is assumed that unless otherwise stated, The Client will provide most copy although The Agency will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. The Agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. 

2.7 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 etc 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 The Agency printer, The Client’s printer, the image setter, the monitor etc 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 The Agency is 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 The Client accepts 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.

2.8 If requested, The Agency will (at its discretion) provide The Client with end-artwork in its final form (e.g. print-ready PDF; outlined EPS file etc). However The Agency does not by default (and possibly without further charge) provide The Client 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 The Agency for non-exclusive future use.

2.9 After the presentation of concepts has been conducted The Client will have 48hours to provide feedback. If feedback is delayed past the alloted window, please be aware that late feedback may potentially result in delays.


Three

3.0 Third Party

3.1 Any printing, fulfilment, mailing or third-party services that are provided by The Agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of The Agency and may in some cases be as much as 100%). Please note that The Agency will be unable to proceed to this stage without receipt of proof of this payment.

3.2 Unless otherwise agreed in writing, The Agency’s fees exclude: VAT where applicable; naming, trademarking and associated research and/or legal processes, hardware and maintanence, stock library images, photography or video outside of our in-house resources; bespoke illustration; licensing of typefaces, copywriting; website hosting or backups; translation services; travel and accommodation outside of London; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges), consumer research, and digital product build.

3.3 In addition to print suppliers, The Agency works closely with other third-party partners and suppliers, including photographers, illustrators, film makers, external website developers and coders, and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.


Four

4.0 Copyright

4.1 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 The Agency. Full copyright and ownership of all ‘commissioned’ work will reside with The Agency until full payment has been received, at which point The Agency will surrender to The Client, 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 or licencing photography). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and The Agency’s right to use the work for self reference and promotion in its portfolio, presentations, advertising, in print and online.

4.2 The Agency 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 the responsibility of The Client 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.


Five

5.0 The Agency will not at any time or in any manner, either directly or indirectly, use for it’s personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to The Client. The Agency will act reasonably to protect such information and treat it as strictly confidential. 


Six

6.0 The Client agrees to indemnify The Agency 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. The Agency is 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.


Seven

7.0 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 invoice date. The Agency will not be liable for any claims made after this period.


Eight

8.0 For all web related projects, unless specifically stated, The Client 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).


Nine

9.0 Appropriate credit and acknowledgment for work produced by The Agency should be attributed to The Agency 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 The Client.


Ten

10.0 The Agency conducts business between the hours of 09.30 - 17.30 Mondays to Fridays. 

These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. The Agency reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, The Client’s statutory rights are not affected.