FOUR SHIRES CREATIVE AGENCY – TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These terms and conditions (“Terms”) govern the relationship between Four Shires Creative Agency (“we,” “us,” “our”) and the client (“you,” “your”) for the provision of creative services as outlined at https://four-shires.com/pricing.
1.2 By engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our services.
1.3 We reserve the right to amend these Terms from time to time. The latest version will always be available on our website.
2. SERVICES
2.1 We provide a range of creative services including but not limited to website design, video production, SEO, TV advert creation, social media management, logo design, branding and marketing materials, email marketing, and digital marketing services.
2.2 The specific services to be provided to you will be detailed in a separate Service Agreement or proposal document which should be read in conjunction with these Terms.
2.3 We will use reasonable care and skill in providing the services in accordance with industry standards.
3. ENGAGEMENT MODELS
3.1 Project-Based Services: Services such as TV advert creation, logo design, branding materials, and one-off video production may be provided on a project basis, with specific deliverables, timelines, and payment terms agreed upon prior to commencement.
3.2 Ongoing Services: Services such as website hosting, maintenance, SEO, social media management, email marketing, and digital marketing are typically provided on an ongoing basis subject to minimum contract periods as specified in your Service Agreement.
3.3 Some services may be bundled together, combining both project-based and ongoing elements. In such cases, all relevant terms will apply to the respective components of the service.
4. FEES AND PAYMENT
4.1 Project-Based Services: Unless otherwise agreed in writing, payment terms for project-based services are 50% of the total fee in advance, with the remaining 50% due upon completion of the project.
4.2 Ongoing Services: Payment for ongoing services is due monthly in advance, with the first payment due before commencement of services.
4.3 All fees are exclusive of VAT, which will be charged at the current rate where applicable.
4.4 Payment must be made within 30 days of the invoice date. We reserve the right to charge interest on late payments at a rate of 8% per annum above the Bank of England base rate.
4.5 If payment is not received in accordance with these Terms, we reserve the right to suspend all services until payment is received.
5. CLIENT RESPONSIBILITIES
5.1 You agree to: a) Provide all necessary information, materials, and approvals in a timely manner; b) Review and provide feedback on drafts and other deliverables promptly; c) Ensure all information provided to us is accurate, complete, and does not infringe any third-party rights; d) Comply with all applicable laws and regulations in relation to your business and the use of our services.
5.2 Delays caused by your failure to meet these responsibilities may impact project timelines and could incur additional costs.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Upon full payment of all fees due and after the expiry of any minimum contract period and notice period (if applicable), all intellectual property rights in the deliverables created specifically for you will transfer to you.
6.2 Until full payment is received and any minimum contract/notice periods have expired, all intellectual property rights remain with us.
6.3 Notwithstanding the transfer of rights, we retain the right to use images or videos created by us in our own marketing materials and on our website as examples of our work, subject to the following limitations: a) This right does not extend to training or data-sensitive materials; b) For videos or TV adverts, use is restricted to clips of no more than 30 seconds; c) We will respect any reasonable request to remove or modify such usage if you feel it misrepresents your brand or reveals sensitive information.
6.4 For ongoing services, you grant us a license to use your intellectual property (such as logos, content, and branding) solely for the purpose of providing the services to you.
7. REVISIONS AND AMENDMENTS
7.1 The number of revisions included for each service will be specified in your Service Agreement or proposal document.
7.2 Additional revisions beyond those included may incur additional charges at our standard rates.
7.3 For ongoing services, reasonable content updates and amendments are included as part of the service, with limits specified in your Service Agreement.
8. TERM AND TERMINATION
8.1 Project-Based Services: The agreement will commence on the date specified in your Service Agreement and will continue until completion of the project, unless terminated earlier in accordance with these Terms.
8.2 Ongoing Services: The agreement will commence on the date specified in your Service Agreement and will continue for the minimum period specified (if any), after which it will continue on a rolling monthly basis until terminated by either party giving at least 30 days’ written notice.
8.3 Either party may terminate the agreement immediately if: a) The other party commits a material breach of these Terms and fails to remedy that breach within 14 days of being notified in writing; or b) The other party becomes insolvent, enters into administration or liquidation, or is unable to pay its debts as they fall due.
8.4 Upon termination: a) You must pay all outstanding fees for services provided up to the date of termination; b) We will deliver all completed work for which payment has been received; c) For ongoing services, we will provide reasonable assistance in transitioning to a new provider, subject to payment of our standard fees for such assistance.
9. WARRANTIES AND DISCLAIMERS
9.1 We warrant that: a) We will provide the services with reasonable care and skill; b) The deliverables will conform substantially to the specifications agreed in the Service Agreement; c) To the best of our knowledge, the deliverables will not infringe any third-party intellectual property rights.
9.2 We do not guarantee or warrant that: a) The services will result in increased sales or business performance; b) Websites or other digital content will be error-free or uninterrupted; c) Search engine optimization will result in specific rankings or increased traffic; d) Any specific business outcome will be achieved.
9.3 All other warranties, conditions, or terms not expressly stated in these Terms are, to the fullest extent permitted by law, excluded.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms shall limit or exclude our liability for: a) Death or personal injury caused by our negligence; b) Fraud; c) Any liability which cannot be legally limited or excluded under applicable law.
10.2 Subject to clause 10.1, our total liability to you for all losses arising under or in connection with these Terms shall not exceed the total fees paid by you for the relevant liable service, in the 3-month period preceding the event giving rise to the liability.
10.3 We shall not be liable for: a) Loss of profits, sales, business, or revenue; b) Business interruption; c) Loss of anticipated savings; d) Loss of business opportunity, goodwill, or reputation; e) Any indirect or consequential loss.
11. CONFIDENTIALITY
11.1 Each party agrees to keep confidential all information obtained about the other party in the course of providing or receiving the services, and not to use such information except for the purposes of fulfilling their obligations under these Terms.
11.2 This obligation of confidentiality shall not apply to information which: a) Is or becomes publicly known through no fault of the receiving party; b) Is lawfully received from a third party without restriction on disclosure; c) Is required to be disclosed by law, court order, or regulatory authority.
12. DATA PROTECTION
12.1 Each party shall comply with all applicable data protection laws, including the UK GDPR and Data Protection Act 2018.
12.2 We will process personal data only in accordance with our Privacy Policy, which is available on our website.
13. FORCE MAJEURE
13.1 Neither party shall be liable for any delay or failure to perform their obligations under these Terms due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorist activity, riots, civil commotion, epidemic, pandemic, fire, flood, or governmental action.
14. GENERAL
14.1 Entire Agreement: These Terms, together with any Service Agreement or proposal document, constitute the entire agreement between the parties and supersede all previous agreements or understandings.
14.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 No Waiver: No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right.
14.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any successor to our business.
14.5 Notices: All notices must be in writing and sent to the email or postal address provided by each party.
14.6 Third-Party Rights: No person who is not a party to these Terms shall have any rights to enforce any term.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
15.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
16. CONTACT INFORMATION
16.1 If you have any questions about these Terms, please contact us at:
Stour Group Ltd, t/as Four Shires Creative Agency
Email: website@four-shires.com
Phone: 01 218 231 600
Last updated: May 2025
