Terms & Conditions
Effective from: 01.08.26
Designer: Mr Jordan Scott trading as JSC/JS Creative
Business address: Kits Coty, High Street, Lower Brailes, OX15 5HX
Email: jordan@jscreative.co.uk
Website: www.jscreative.co.uk
These Terms & Conditions apply to all graphic design, branding, creative, artwork, digital design and related services provided Jordan Scott/JSC (“the Designer”) to the client (“the Client”).
By instructing the Designer to commence work, the Client agrees to be bound by these Terms & Conditions.
1. Definitions
In these Terms & Conditions:
“Agreement” means these Terms & Conditions together with any written quotation, proposal, estimate, statement of work or project specification agreed between the Designer and Client.
“Client” means the person, company or organisation commissioning the Designer.
“Designer” means Jordan Scott t/a JSC/JS Creative
“Services” means the graphic design, branding, creative, artwork, digital design, website design or other services agreed between the parties.
“Deliverables” means the final approved design work to be supplied to the Client as specified in the relevant quotation or proposal.
“Working Days” means Monday to Friday, excluding UK public holidays.
“Source Files” means editable or working files used by the Designer to create the Deliverables, including but not limited to Adobe Illustrator, Photoshop, InDesign, Figma or other native working files.
2. Quotations and Estimates
2.1 All quotations and estimates provided by the Designer are based on the information available at the time of quotation.
2.2 Unless otherwise stated, quotations are valid for 30 days from the date issued.
2.3 A quotation does not constitute acceptance of an order until the Client has confirmed the commission and any required deposit has been received.
2.4 Any work requested by the Client that falls outside the agreed scope of work may be charged separately.
2.5 Where a project changes substantially from the original brief, the Designer reserves the right to revise the quotation, fee and delivery schedule.
2.6 The Designer will notify the Client of significant additional costs before undertaking substantial additional work wherever reasonably practicable.
3. Project Brief
3.1 The Designer will undertake the Services in accordance with the agreed brief, proposal or statement of work.
3.2 The Client is responsible for providing the Designer with accurate and complete information, content, copy, images, logos, specifications and other materials required to complete the project.
3.3 The Designer is not responsible for delays or additional costs resulting from incomplete, inaccurate or late information supplied by the Client.
3.4 Any changes to the brief after work has commenced may constitute additional work and may be charged accordingly.
4. Fees and Payment
4.1 The Designer’s fees will be set out in the relevant quotation, proposal or invoice.
4.2 For new clients, the Designer requires a 50% project deposit before commencing work.
4.3 The remaining balance will be invoiced upon completion and is payable within 14 days of the invoice date.
4.4 For larger projects, such as website design and builds, the Designer may agree a staged payment schedule with the Client.
4.5 The Designer is entitled to withhold final Deliverables and/or Source Files until all outstanding invoices relating to the project have been paid in full.
4.6 Unless otherwise stated, all fees are exclusive of VAT. VAT will be charged where applicable.
4.7 If the Client disputes an invoice, it must notify the Designer in writing within 7 days of receipt, setting out the reason for the dispute. Any undisputed portion remains payable in accordance with the agreed payment terms.
5. Late Payment
5.1 If an invoice is not paid by the agreed due date, the Designer may suspend work on the project until payment has been received.
5.2 For business-to-business transactions, the Designer reserves the right to charge statutory interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.
5.3 The Designer may also recover reasonable costs incurred in pursuing overdue payments where legally permitted.
5.4 Suspension of work due to late payment may result in the project delivery date being postponed.
The statutory regime currently allows qualifying businesses to charge statutory interest at 8% above the Bank of England base rate, together with applicable fixed compensation for recovery costs.
6. Revisions and Amendments
6.1 The quotation will specify the number of design concepts, revision rounds or amendments included in the agreed fee.
6.2 A “revision round” means one consolidated set of amendments provided by the Client.
6.3 The Client should provide feedback in a clear and consolidated manner wherever reasonably possible.
6.4 Additional revisions, alternative concepts or substantial changes to an approved direction may be charged at the Designer’s prevailing hourly or daily rate.
6.5 Changes requested after final approval may be treated as a new piece of work and charged accordingly.
6.6 The Designer is not responsible for delays caused by repeated or late revisions requested by the Client.
7. Approval of Artwork
7.1 The Client is responsible for checking and approving all final artwork before publication, printing or production.
7.2 The Client must check spelling, grammar, factual information, telephone numbers, addresses, URLs, dimensions, colours and other relevant details before approving artwork.
7.3 Once artwork has been approved by the Client, the Designer will not be responsible for errors that were present in the approved artwork.
7.4 Any corrections or amendments required after approval may be charged separately.
8. Printing and Third-Party Suppliers
8.1 Where the Designer arranges printing, manufacture, photography, illustration, typefaces, stock imagery, web hosting, development or other third-party services on behalf of the Client, such services may be charged separately.
8.2 The Designer will use reasonable care when selecting and dealing with third-party suppliers but cannot guarantee the performance, availability, delivery times or quality of third-party suppliers.
8.3 Third-party costs may be payable by the Client in advance.
8.4 The Designer is not responsible for delays caused by printers, developers, photographers, illustrators, hosting companies, couriers or other third parties.
8.5 Unless otherwise agreed, the Designer is not responsible for colour variations between digital artwork and physical printed material, including differences arising from screens, printers, paper stocks, inks or printing processes.
9. Client-Supplied Materials
9.1 The Client warrants that it owns or has obtained all necessary rights, permissions and licences to use any text, photographs, illustrations, logos, fonts, trademarks, artwork or other materials supplied to the Designer.
9.2 The Client agrees to indemnify the Designer against claims arising from the Client’s unauthorised use of third-party materials.
9.3 The Designer may refuse to use material where there is reasonable doubt concerning ownership or permission to use it.
10. Copyright and Intellectual Property
10.1 Unless otherwise agreed in writing, the Designer retains copyright and intellectual property rights in preliminary concepts, rejected concepts, sketches, development work, working methods and unused design proposals.
10.2 The Client will receive the rights expressly specified in the quotation or proposal once all fees relating to the project have been paid in full.
10.3 Unless otherwise agreed, payment of the final project fee grants the Client a licence to use the final approved Deliverables for the purposes for which they were commissioned.
10.4 Ownership or assignment of copyright in the final Deliverables will only transfer to the Client where this has been expressly agreed in writing.
10.5 Where copyright is assigned to the Client, the assignment will take effect only after all fees due to the Designer have been paid in full.
10.6 Third-party materials, including fonts, stock photography, illustrations, software, plugins and other licensed materials, remain subject to their respective third-party licences and are not automatically transferred to the Client.
10.7 The Designer retains the right to use general knowledge, techniques, processes and know-how developed during the course of the project.
Important: the parties should expressly agree whether the client receives a licence or an assignment of copyright. This is particularly important because UK legislation contains specific rules concerning ownership of certain commissioned design rights.
11. Source Files
11.1 Unless specifically included in the quotation, Source Files are not included in the project fee.
11.2 The Designer may retain ownership of Source Files even where the Client receives ownership or a licence to use the final Deliverables.
11.3 Where Source Files are requested by the Client, the Designer may charge an additional fee.
11.4 The Designer is not obliged to retain Source Files indefinitely and recommends that Clients maintain their own copies of final artwork and relevant files. Currently The Designer only keeps source files for one year.
12. Fonts, Stock Images and Other Licences
12.1 Where fonts, stock images, illustrations, plugins, software or other third-party assets are required, the Designer may purchase or licence them on behalf of the Client.
12.2 Unless otherwise stated, the cost of third-party licences is additional to the Designer’s design fee.
12.3 The Client is responsible for complying with the terms of any third-party licence applicable to materials supplied to it.
12.4 Where a licence is purchased in the Client’s name, the Client is responsible for maintaining that licence where required.
13. Project Schedule and Delays
13.1 The Designer will use reasonable endeavours to meet the agreed project timetable.
13.2 Any dates provided by the Designer are estimates unless expressly stated to be fixed deadlines.
13.3 The Designer will not be responsible for delays caused by circumstances outside the Designer’s reasonable control.
13.4 Delays caused by the Client, including late feedback, late payment, missing content or changes to the brief, may result in the delivery date being postponed.
13.5 If a Client delays a project for more than 30 days, the Designer may treat the project as suspended and may require a revised quotation before recommencing work.
14. Cancellation by the Client
14.1 The Client may cancel a project by providing written notice.
14.2 If the Client cancels a project after work has commenced, the Client remains responsible for payment for all work completed up to the date of cancellation, together with any non-refundable third-party costs incurred on the Client’s behalf.
14.3 Any deposit paid may be retained against work already undertaken, time reserved and costs incurred, subject to applicable law.
14.4 Where a project is cancelled after substantial work has been completed, the Designer may invoice for the proportion of work completed.
15. Termination by the Designer
15.1 The Designer may terminate or suspend the Agreement if:
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the Client fails to make payment when due;
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the Client materially breaches these Terms & Conditions;
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the Client repeatedly fails to provide necessary information or feedback;
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the Client requests work that would be unlawful; or
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the relationship has broken down to such an extent that the Designer reasonably considers the project cannot continue.
15.2 If the Designer terminates the Agreement because of the Client’s breach, the Client remains liable for fees and expenses incurred up to the termination date.
16. Portfolio and Promotional Use
16.1 Unless the Client expressly requests otherwise in writing, the Designer may display completed work in its portfolio, website, social media, awards submissions, presentations and other promotional materials.
16.2 The Designer will not publicly disclose confidential information belonging to the Client.
16.3 Where a project has not yet been publicly launched, the Designer will normally wait until the work has been made public before displaying it, unless otherwise agreed.
16.4 If the Client requires the work to remain confidential or subject to an embargo, this should be agreed in writing before the project begins.
17. Confidentiality
17.1 Each party agrees to keep confidential any commercially sensitive or confidential information received from the other party in connection with the project.
17.2 Confidential information does not include information that:
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is already publicly available;
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was already lawfully known to the receiving party;
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becomes publicly available through no fault of the receiving party; or
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is required to be disclosed by law.
17.3 These confidentiality obligations will continue after completion or termination of the project.
18. Website and Digital Design
18.1 Where the Services include website design, the Designer’s responsibilities will be limited to those specifically described in the agreed quotation or proposal.
18.2 Unless expressly included, website development, coding, hosting, domain registration, SEO, e-mail accounts, accessibility compliance, content creation, copywriting, ongoing maintenance and technical support are not included.
18.3 Where third-party developers or suppliers are involved, their services may be subject to separate terms and conditions.
18.4 The Designer does not guarantee search-engine rankings, website traffic, conversion rates or commercial performance.
19. Liability
19.1 The Designer will provide the Services with reasonable skill and care.
19.2 Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.
19.3 Subject to clause 19.2, the Designer will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or loss of opportunity arising from the Services.
19.4 Subject to clause 19.2, the Designer’s total liability arising out of or in connection with a project will not exceed the total fees actually paid by the Client to the Designer for that project.
19.5 The Designer is not responsible for any loss arising from materials, information or instructions supplied by the Client that are inaccurate, incomplete or misleading.
19.6 The Client is responsible for maintaining appropriate backups of its own content, materials and files.
20. Force Majeure
20.1 The Designer will not be liable for failure or delay in performing the Services where such failure or delay results from circumstances beyond the Designer’s reasonable control.
20.2 Such circumstances may include, but are not limited to, illness, accident, equipment failure, software failure, internet or telecommunications failure, power failure, industrial disputes, fire, flood, natural disaster, government action, war or other circumstances beyond the Designer’s reasonable control.
21. Data Protection
21.1 Each party will comply with applicable UK data protection legislation when processing personal data in connection with the Services.
21.2 The Designer will only use Client personal information for legitimate business purposes connected with the provision and administration of the Services.
21.3 Where the Designer processes personal data on behalf of the Client as a data processor, the parties will enter into any additional data processing arrangements required by applicable law.
22. Client Responsibility
22.1 The Client is responsible for ensuring that the final Deliverables comply with any legal, regulatory, industry-specific or internal requirements applicable to its business.
22.2 The Designer does not provide legal, regulatory, trademark, copyright, accessibility, advertising or compliance advice unless expressly agreed as part of the Services.
22.3 The Client should obtain appropriate professional advice where required.
23. Disputes
23.1 If a dispute arises, the parties will first attempt to resolve it through good-faith discussion.
23.2 The party raising the dispute should provide written details of the issue and the resolution sought.
23.3 The parties will allow a reasonable period for the dispute to be resolved before commencing formal proceedings, where appropriate.
23.4 Nothing in this clause prevents either party from taking urgent legal action where necessary to protect its rights.
24. Governing Law and Jurisdiction
24.1 These Terms & Conditions and any Agreement between the Designer and Client are governed by the laws of England and Wales, unless otherwise agreed in writing.
24.2 Subject to any mandatory legal rights applicable to the Client, the courts of England and Wales will have exclusive jurisdiction over any dispute arising from the Agreement.
25. Entire Agreement
25.1 These Terms & Conditions, together with the relevant quotation, proposal, statement of work and any other documents expressly incorporated into the Agreement, constitute the entire agreement between the Designer and Client in relation to the Services.
25.2 If there is any conflict between these Terms & Conditions and a specific written project agreement, the specific project agreement will take precedence to the extent of the conflict.
25.3 No amendment to the Agreement will be binding unless agreed in writing.
26. Severability
26.1 If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be deemed to be removed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
27. Waiver
27.1 A failure or delay by either party to exercise any right under these Terms & Conditions will not constitute a waiver of that right.
28. Acceptance
By instructing the Designer to commence work, paying a deposit or otherwise confirming acceptance of a quotation or proposal, the Client confirms that it has read, understood and accepted these Terms & Conditions.