Terms & Conditions

All quotes/estimates are valid for 30 days from the date of submission. Quotes/estimates are based on the information provided by the Client, including but not limited to details on quantities, structure, scope and functionality. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time. All quotes/estimates, briefs and other Client/Agency documents are commercially confidential and may not be disclosed to third parties without prior written agreement.)

 

The Agency will provide the client with end-artwork in its final form (e.g. print-ready PDF). However, the Agency does not by default (and possibly without further charge) provide clients with master files, original artwork, written drafts, or any ‘working’ or ‘development’ files, rejected concepts and designs, images, or documents generated throughout the project. Ownership and copyright of all master files, unused or rejected files, documents, and designs will reside with Shimeji Creatives for non-exclusive future use. Origination and/or conceptual work and any copyright subsisting therein shall remain the property of the Agency unless otherwise agreed in writing with the Client.

The Agency hereby acknowledge they may be involved in or become aware of information that relates to the client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information, and financial documents. The Agency shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. Shimeji Creatives will be permitted to display final work on their site, unless otherwise agreed with the client.

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The Agency hereby acknowledge they may be involved in or become aware of information that relates to the client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information, and financial documents. The Agency shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. Shimeji Creatives will be permitted to display final work on their site, unless otherwise agreed with the client.

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Shimeji Creatives accepts payments via BACS or PayPal whereas BACS is the preferred payment method. Clients shall pay each invoice submitted by Shimeji Creatives Ltd. upon receipt of the invoice. We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC.

 

The Agency shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Acts of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Agency elect 'to terminate the contract and pay for work done and materials used', but subject thereto shall otherwise accept delivery when available.

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Materials supplied by the Client The Agency will not be responsible for imperfect work caused by defects in or unsuitability of material supplied by the Client.

 

The client shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.

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If the client requires changes or additional services outside the current project scope and specifications, Shimeji Creatives Ltd. can prepare a change order agreement detailing the revisions or additions necessary and any correlated cost or schedule impacts. Approval from both the client and agency is required on change orders prior to initiation. We will make reasonable efforts within the limits of availability, expertise, and previously agreed budgets. Change order pricing reflects proportional standard rates unless alternate rates are specified.

 

These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts. The Agency shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. The client and Shimeji Creatives Ltd retain the right to engage and work with other service providers or clients. Neither party places unreasonable restrictions or expectations of exclusivity on the other strictly from this service agreement, unless otherwise mutually agreed upon in writing or specified under contractual obligations for a given project. Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.