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LOVELIVEs T&Cs
Welcome, and thank you for choosing to work with LOVELIVE Graphics Ltd (“LOVELIVE”, “we”, “us”). These terms set out, clearly and in plain English, how we work together on your creative and digital projects. They apply whenever you (“you”, “the Client”) engage us for services, alongside the specific quote, proposal or Statement of Work (SOW) agreed for your project.
This document doesn’t need to be signed. It’s provided for your reference, and a link to the current version will always be included on the quotes, proposals and SOWs we send you. By approving a quote or proposal, or instructing us to proceed with work, you agree to these terms.
1. What we do
As a creative and digital agency, our services typically include:
- Brand strategy, identity and messaging
- Graphic design, illustration and print materials
- Presentations and eLearning tools
- Motion design, animation and video
- Website, interactive tools and digital design
- Content creation, copywriting, editorial and social media
The exact scope, deliverables, timeline and price for your project will be set out in a separate quote, proposal or SOW. If anything in that document conflicts with these terms, the quote, proposal or SOW will take precedence.
2. Working hours and response times
Our working hours are 9:00am to 5:00pm, Monday to Friday, excluding bank holidays in England and Wales. All project-related enquiries should be sent to our group inbox, studio@loveliveagency.com, which is monitored continuously during our working hours.
Within these hours, our team will always aim to respond to your queries as promptly as possible, especially where something is urgent. That said, we generally allow up to a two-hour response time to help us work as efficiently as possible for all our clients. Emails received close to 5:00pm, or outside working hours, will be answered as soon as we’re able, but we can’t guarantee action until the next business day.
3. Lead times and scheduling
LOVELIVE schedules projects on a weekly and monthly basis. However, where possible, we’ll always aim to accommodate ad hoc and unplanned urgent requests. To help us balance your needs alongside our prior commitments to other clients, we ask that you give us as much notice as possible so we can agree a delivery time that suits both parties.
LOVELIVE will always do our best to meet agreed dates. Where no fixed deadline has been confirmed with the Client, time will not be of the essence under these terms.
LOVELIVE is not liable for delays caused by client-side inaction, late content, change of scope or content received that differs from initial specification, or sign-off delays. Delays arising on the Client’s side may result in revised delivery timelines and/or additional charges.
4. Getting started
Briefing:
Upon receipt of your request via our studio inbox, our Project Managers will review the request with a designer of relevant experience. To enable us to do an initial assessment of your request we ask that the following essential information is included:
- Full description of the need/objectives
- List of required deliverables (if several)
- Applicable technical specifications
- Desired dates and/or absolute deadline
- Any specific budget constraints or number of hours
- Existing draft files or artwork
- Examples, references, branding guidelines
If we require any further information to enable us to accurately estimate the time and cost of your project, we will request this over email or for more complex projects a briefing call will be arranged.
Before we start work on any project we will send a written quotation for your approval. For more detailed projects we may also provide a written SOW. Your acceptance of this quote/SOW must be confirmed by email prior to any files or instruction being sent to the designers. Until then, we’re not obliged to begin.
Quotations are based on initial estimates for projects upon request. These estimates will be as accurate as possible based on the brief given and will clearly indicate the number of initial concepts/designs and the number of revisions/amends time included as agreed during the briefing phase.
If a full project scope cannot be reasonably or accurately provided from the outset, the client will be made aware of this upon receipt of our quote and necessary revisions of the quote will be provided upon further clarification. Failure to provide a full project scope may result in a delay starting work and/or an increase in fees detailed in the final invoice. Once you approve a quote, proposal or SOW, whether by email or by instructing us to proceed, this becomes a binding agreement between us, alongside these terms.
Quotations are valid for 30 Business Days from the date of issue unless otherwise stated.
5. Project management
LOVELIVE will keep you reasonably updated on the progress of your project and the status of all services and deliverables. In the event of any actual or anticipated problems or unforeseen delays, we’ll let you know promptly if we believe there’s a risk of missing an agreed deadline, together with the reasons why.
Where required, the Project Manager and/or designer(s) responsible for the Client’s project will arrange and attend a meeting at a time agreed by both parties to discuss and resolve any issues that have arisen.
Please note we may charge for preparing and/or amending a SOW on a time and materials basis at our then-current daily rates.
6. Client responsibilities
To help keep your project on track, we ask that you:
- Have files and materials ready for any booked-in work, and give as much notice as possible if a booking needs to be rescheduled or cancelled, as set out in Cancellations and delayed bookings
- Provide any necessary logins or copyright and/or trademark permissions we need, and confirm you have the rights to give it to us
- Give us clear, timely feedback and approvals at each stage
- Let us know as early as possible if your requirements or project scope changes as set out in Scope changes
- Carefully review and check all proofs and files before giving approval, as set out in Client approval
- Pay invoices within 30 days of the invoice date, as set out in Payment terms
7. Cancellations and delayed bookings
When we hold time in our schedule for your project (“Booked Time”), that time has a real cost to us. If the work we have booked in for you is delayed because files or materials aren’t ready, or a booking is cancelled on the day with no advance warning, we reserve the right to charge for the unused time, as it could otherwise have been allocated to another client.
More broadly, either of us may end an agreement by giving written notice. If you cancel a project partway through, you’ll be liable to pay for of all work carried out up to that point, based on the milestones reached or time spent. Deposits already paid are non-refundable, as they cover time we’ve set aside, and work already started.
8. Scope changes
If the scope of a project changes once a quote has been agreed, for example if new deliverables, formats or requirements are requested, or there is a change to the documented specifications, this may be subject to a revised quote. We’ll always share this with you for approval before continuing with the additional work.
In the event of unpredictable rounds of amends, we will agree an estimated pot of amends time at our hourly rate to draw down on. Clients will be kept up to date on the use of these hours. All amends requested beyond your quote or agreed pot will be quoted on separately and approved by the Client before we proceed.
9. Client approval
The Client will always receive a digital proof of the work to approve before a project is finalised.
- Approval should be given by responding affirmatively to the email sent by LOVELIVE, having carefully checked that the attached files don’t require any further modification.
- It’s important that the Client carefully reviews and verifies all files before giving approval. LOVELIVE won’t be held responsible for errors in a file that has already been approved by the Client.
- If, after approval, the Client requires further modifications, this may result in delays and additional charges.
- If an approved file has already been put into production at the point the Client requires a change, the Client will be required to pay the full cost of production as quoted, plus the same amount again to put the revised file into production.
- Where there’s a delay on the Client’s side in giving approval, LOVELIVE won’t be responsible for any resulting delays to the project.
10. Quality assurance
LOVELIVE endeavours to ensure that all aspects of the Client’s brief are met to the correct specification and will perform the services set out in an agreed SOW with reasonable care and skill.
We’ll always make sure the right people are working on your project. If we need to replace members of the team for any reason, we’ll do so with people of similar experience and seniority.
If the Client reports that any part of the project isn’t correct, LOVELIVE will investigate and take corrective action at no cost to the Client.
11. Third-party suppliers
Occasionally we may need to bring in third-party suppliers with additional expertise to aid the successful delivery of your project. We offer full transparency from the outset and will always act as principal when contracting with third parties to deliver your project.
Before we commit significant spend with third-party suppliers, or move forward with creative or production work, we’ll always ask for your sign-off on estimates and treatments. Your approval gives us the green light to proceed. LOVELIVE will invoice the Client for all third-party costs incurred on the Client’s behalf in performing the services.
12. Payment terms
We invoice completed projects, or completed phases of a project, as outlined in your quote, at the end of each month, unless an alternative arrangement has been agreed with you prior to work commencing. Any such arrangement will be set out as part of your quote, proposal or SOW. Invoices are payable within 30 days of the invoice date.
For certain projects, such as websites, we may require a percentage of the project fee to be paid upfront. Where this applies, that upfront payment must be received in full before any work commences.
If a payment isn’t received on time, we may pause further work until the outstanding balance is settled, and we reserve the right to charge interest on overdue amounts.
13. Ownership of the work
Until a project has been paid for in full, all designs, files, code and other materials we create remain the property of LOVELIVE.
For original creative concepts we develop, such as a campaign idea or , you own the finished deliverable for its agreed purpose once paid in full, while LOVELIVE retains the underlying rights to the creative itself. Wider use beyond that purpose, for example rolling out a creative concept or design across further materials, would be quoted separately. We may, on a case-by-case basis, agree to assign full rights to you for an additional fee.
Where we’re working within your own existing brand guidelines or assets, ownership of that work passes to you in full once paid for, as it’s based on materials that already belong to you.
We reserve the right to reuse, develop or sell on any creative/design concepts you don’t go on to use or purchase, provided they don’t draw on anything confidential to you.
We may also retain working files and drafts. Third-party elements such as stock imagery, fonts or licensed software remain subject to their own licence terms which we’ll flag to you where relevant.
14. Confidentiality and portfolio use
We take client confidentiality and the Non-Disclosure Agreements (NDAs) we sign very seriously. from time to time, we may request your permission for us to showcase non-sensitive work which has already entered the public domain, in our portfolio, on our website, on social media, or in award submissions for our own promotional purposes.
15. Liability
We’ll always do our best to deliver great work on time and as agreed. That said, our total liability to you for any claim arising from a project is limited to the total fees you’ve paid us for that project. We’re not responsible for indirect losses, such as loss of profits or business opportunities, except where the law doesn’t allow us to limit our liability, for example in cases of fraud, or death or personal injury caused by our negligence.
We maintain professional indemnity insurance and public liability insurance and can provide evidence of cover on request.
During the contract and for 12 months after it ends, neither party will attempt to poach the other’s staff who’ve been involved in delivering or receiving the services, other than through an open, general advertising campaign.
If we agree to a release so you can hire one of our people, you’ll pay us a fee equal to 20% of that person’s annual salary, or 20% of what you plan to pay them, if higher.
17. Force majeure
Neither of us will be liable for any failure or delay in performing our obligations under this agreement where that failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, civil unrest, industrial action, government action, pandemic, or the failure of third-party infrastructure or utilities. Where such an event continues for more than 30 days, either party may terminate the affected project by giving written notice, and the Client will pay for all work carried out up to that point.
18. Anti-bribery
We both agree to comply with the Bribery Act 2010 and related guidance. Neither of us will engage in any activity that would constitute bribery anywhere in the world. We’ll each maintain suitable policies and promptly report any suspicious requests to the other.
19. Modern slavery
We are committed to acting ethically and with integrity in all our business dealings, and to implementing effective systems to prevent modern slavery and human trafficking within our business and supply chains, in line with the Modern Slavery Act 2015.
20. Data protection
We take the protection of ours and our Clients data very seriously. Which is why we hold ISO 27001 certification, the international standard for information security management. We handle all client data and materials in line with its requirements, together with UK data protection law (UK GDPR and the Data Protection Act 2018). A copy of our Information Security Policy is available upon request.
21. Responsible use of AI
In the ever-changing landscape of artificial intelligence (AI) we understand the importance of responsible use, which is why we hold ISO/IEC 42001 certification, the international standard for AI management systems. This reflects our ongoing commitment to using AI responsibly, transparently and ethically across our work. A copy of our AI Policy is available upon request.
22. If something goes wrong
If you’re unhappy with any part of our work or service, please get in touch with us directly so we can work to put things right. We want every project to end with a happy client, and most issues can be resolved quickly through a conversation.
23. Changes to these terms
We may update these terms from time to time, for example as our services evolve. The version that applied when you approved your quote, proposal or SOW is the one that governs that project, unless we agree changes with you in writing.
24. Governing law
These terms are governed by the laws of England and Wales, and any disputes will be handled by the courts of England and Wales.
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3 Maple Court
Davenport Street
Macclesfield
Cheshire
SK10 1JE
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