Terms of business

Terms of Business for Creative Services from Eclectic Creative Limited of Roadhouse, 63 Main Street, Staveley, Kendal, Cumbria LA8 9LN.

Registered Company Number: 7996286 | VAT Registration Number: 131 7566 19

These Terms of Business govern the provision of creative, design, and digital services by Eclectic Creative Limited (“Eclectic”, “we”, “us”, or “our”) to its clients (“Client” or “you”). Together with your proposals, quotations, or written agreements, they form the entire agreement between the parties. By commissioning our services, the Client agrees to be bound by these Terms of Business. Variations to these terms must be agreed in writing.

1. Scope of Services - Eclectic Creative Limited provides creative, branding, design, and digital services, including but not limited to graphic design, branding, website development, and consultancy. Specific details of the services to be provided will be outlined in proposals or quotations agreed upon with the Client.

2. Proposals, Quotations, and Estimates are based on expected or agreed creative work time and include up to two rounds of Client updates or corrections. Additional revisions will incur charges unless otherwise agreed in writing.

2.1. An estimate is an approximation of costs based on the scope of work and initial understanding of the project requirements. It is not legally binding and may change as the project evolves.

2.2. All proposals and quotations exclude VAT and any expenses incurred, such as travel, printing, or delivery costs, unless explicitly stated.

2.3. Proposals, quotations, or estimates are valid for 30 days from the date issued.

3. Payment Terms - Invoices are issued monthly or on completion of specific project stages, as set out in the proposal. Payment is due within 30 days of the invoice date.

3.1. New Clients will pay a commencement fee of 30% of the project value before work begins. Stage payments may be required for larger projects.

3.2. Late payments will incur interest at 3% per month or the statutory interest rate under the Late Payment of Commercial Debts (Interest) Act 1998, whichever is higher. Debt recovery costs will also be charged where applicable.

3.3. The Client may not withhold payment of undisputed amounts due to disputes over other invoices or aspects of the project.

4. Change of Brief and Cancellation - If there is a change to the agreed project brief, Eclectic will inform the Client in advance of any additional costs incurred. The Client may cancel a project in writing at any time. Upon cancellation, the Client is liable for all work completed to date at our standard hourly rate, plus a cancellation fee calculated as 50% of the remaining project fees. You agree that this fee is a genuine pre-estimate of the loss Eclectic suffers by reserving time and resources for your project which cannot be immediately re-allocated.

5. Errors and Omissions - The Client is responsible for thoroughly reviewing and approving all materials before final production or publication. We cannot accept liability for errors or omissions once you have approved the final version. Please check proofs thoroughly.

5.1. Corrections or amendments requested after final sign-off may incur additional charges.

6. Intellectual Property - All creative work, drafts, and supporting materials produced during the development process remain the property of Eclectic Creative Limited unless explicitly transferred.

6.1. Final creative work (e.g. agreed designs and branding) is assigned to the Client only upon full payment of all fees due under the contract.

6.2. Eclectic Creative Limited retains the right to use initial creative concepts, drafts, and final approved designs for its own marketing and promotional purposes, including website portfolios and social media, unless otherwise agreed in writing.

6.3. Eclectic warrants that all work produced is original to the best of its knowledge but cannot guarantee exclusivity or uniqueness of designs or concepts. Clients may request legal searches or IP registration at an additional cost.

6.4. The Client warrants that all materials provided to Eclectic for use in projects (e.g., images, text, or other content) do not infringe third-party intellectual property rights. The Client indemnifies Eclectic against any claims, losses, or damages arising from such infringements.

7. Artificial Intelligence (AI) Usage - We embrace modern tools to deliver the best creative work. We may use Generative AI tools for ideation, mock-ups, or coding assistance in our projects. However, we will explicitly inform you if final visual assets are significantly generated by AI, as this may affect your ability to trademark them. We do not guarantee that AI-generated components are capable of strict copyright ownership or trademark registration. You agree that Eclectic Creative Limited is not liable for any copyright limitations inherent in the use of AI tools.

8. Limitation of Liability - To the fullest extent permitted by law, Eclectic Creative Limited’s liability for any claim arising under this agreement shall not exceed the total fees paid by the Client for the project giving rise to the claim.

8.1. Eclectic Creative Limited shall not be liable for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or any indirect or consequential loss.

9. Digital Projects - Websites are designed to be compatible with the latest versions of major browsers, including Google Chrome, Safari, and Firefox, at the time of Launch. Eclectic is not responsible for compatibility issues arising from future browser updates unless the Client commissions additional updates.

9.1. Hosting services provided by third parties are subject to their terms and conditions. We cannot accept responsibility for website downtime, data loss, or hosting provider issues.

9.2. Domain names purchased on behalf of the Client will remain the Client’s responsibility for payment and renewal. Eclectic is not liable for loss or cancellation caused by late payment.

9.3. Websites will include a discreet imprint or credit linking to Eclectic Creative Limited unless otherwise agreed in writing.

9.4. Technical support, updates, or upgrades for websites will incur charges.

9.5. Accessibility & Standards - We build all websites with inclusivity and best practice in mind. However, formal compliance with specific standards, such as WCAG 2.2 Level AA, is a specialist requirement and is not guaranteed unless explicitly agreed in your brief/proposal. If you require a certified level of accessibility, e.g. for public sector work, please let us know so we can budget for the necessary auditing and testing.

10. Dispute Resolution - The parties agree to make all reasonable efforts to resolve disputes amicably. If unresolved, disputes will be referred to mediation in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR). If mediation fails, disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Non-Solicitation - To protect our business, you agree not to solicit, employ, or engage any of our staff or freelance contractors who have worked on your project during the term of this agreement and for a period of 12 months thereafter. If you do hire a member of our team, you agree to pay a placement fee equal to 30% of their annual salary.

12. Force Majeure - Eclectic Creative Limited is not liable for delays or failure to perform its obligations due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or failure of third-party suppliers. If a force majeure event continues for more than 30 days, either party may terminate the agreement. The Client will pay for work completed to date, and Eclectic will make reasonable efforts to deliver all completed files and materials to the Client.

13. Data Protection - Eclectic Creative Limited processes personal data in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, and the Data (Use and Access) Act 2025.

14. For the purposes of this agreement, Eclectic Creative Limited acts as a Data Processor on behalf of the Client, who is the Data Controller.
Clients are responsible for ensuring that any personal data provided to Eclectic is lawful and that necessary consents have been obtained.

15. Governing Law and Jurisdiction - These Terms of Business are governed by the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Version Control - these Terms of Business may be updated from time to time in response to changes in law, technology, or business operations. You can always find the most current version at weareeclectic.co.uk/studio-terms-of-business.

Last updated: January 2026