Terms of Business

1. Abstract Marketing Services Ltd (Abstract Marketing) shall provide its services diligently, faithfully, and in a professional and timely manner and shall use its best endeavours to promote the client’s interests.
2. Quoted fees are valid for 30 days from the date of submission. After that Abstract Marketing reserves the right to alter them without notice.
3. Before commencing work, Abstract Marketing requires that the client emails confirmation of their acceptance of their fee, the agreed deadline(s), the format for the final deliverable(s), and the project brief that will have been created together.
4. The client will provide a single contact person who has decision-making and approval authority.

Fees

5. Abstract Marketing fees which will be advised and agreed in advance will follow one of these routes:
   • • New clients: The first project will be invoiced 50% in advance for immediate payment (cleared funds) prior to the commencement of work. If the project fee is £250.00 or under, it will be invoiced 100% in advance.
     • Short projects: Started and completed within a period of 30 days of under £1000.00 will be invoiced on completion of the project, with payment due within 30 days following the date of invoice, unless otherwise agreed. The fee will not change unless the project scope changes significantly at which time a new quote will be provided and agreed upon.
     • Long projects: To be completed over a period of more than 30 days, or project fees over £1000.00 will be invoiced 50% in advance, for immediate payment (cleared funds) prior to the commencement of work. The final 50% will be invoiced on completion, with payment due within 30 days following the date of the invoice. Alternatively, staged payment terms may be agreed upon. The fee will not change unless the project scope changes significantly at which time a new quote will be provided and agreed upon.
     • Hourly rates: These will be invoiced at the end of the month in question, with payment due within 30 days of invoice.
     • Retainers (regular ongoing fees based on an agreed monthly payment): These will be invoiced at the start of the month in question, with payment due within 30 days of invoice.

Feedback

6. Abstract Marketing will make every effort to check the work for correct grammar and spelling before submitting it to the client.
7. Once a brief has been supplied to Abstract Marketing, reasonable corrections to the copy and design created and demonstrated in the first set of proofs shall be included in the price.
8. The fee will then include two sets of edits. If you change your mind and change the brief, the required editing will be subject to new charges.
9. A change in project scope, or substantial alterations to the copy and/or design itself, or new copy and/or design elements not originally briefed or quoted for shall be charged at the prevailing hourly rate
10. Abstract Marketing reserves the right to review the project fee if the project changes substantially.
11. Copy and design corrections must be advised to Abstract Marketing within 14 days of submission of first drafts and/or proofs. After this period, they become chargeable at the prevailing hourly rate.
12. Any bought-in items such as illustration, stock imagery, or photography will be charged at cost plus a 10% handling fee.
13. Once the work has been signed off, published, or used, any further work can be negotiated and undertaken for a further fee.

Payment terms

14. Payment terms are within 30 days of invoice. Payment is by payment transfer into the bank account stated on the invoice.
15. Abstract Marketing is not registered for VAT.
16. Work shall be deemed to be completed and a final invoice will be issued if no client feedback or comments are received within two weeks of final submission of work (unless otherwise agreed in advance).
17. If final payment is not made, a friendly reminder will be sent.
18. Debt recovery costs and interest are chargeable in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by Late Payment of Commercial Debts Regulations 2002. Abstract Marketing shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at the current rate of interest per annum above the current base rate of the Bank of England.
19. If a project is quoted, confirmed, booked in and scheduled, and is subsequently withdrawn, Abstract Marketing reserves the right to charge the client 50% of the agreed fee to compensate for the loss of work from other sources turned down on the basis of non-availability.
20. If a project is cancelled after work has started, Abstract Marketing will charge the client for the work that has already been done.
21. Abstract Marketing gives no warranty or undertaking as to the effectiveness or success of creative work, reports, plans, or consultancy, or as to the achievement of any of the objectives therein, or as to the consequences of implementing any recommendations provided to the client. The client accepts that they have full responsibility and Abstract Marketing has no responsibility for the success or failure of its products and for achieving sales targets or other measures of commercial performance.
22. Abstract Marketing does not accept responsibility for any issues, claims, costs, or expenses arising as a result of the work that has been undertaken at the client’s request.

Copyright

23. Copyright on promotional copy and designs or artwork created by Abstract Marketing is retained by Abstract Marketing until the invoice for that work has been paid, at which point copyright is passed to the client.
24. Every precaution will be taken to avoid errors, omissions, misrepresentations, and other inaccuracies. However, the final responsibility for published material belongs to the client.
25. Abstract Marketing reserves the right to discuss, display and link to the completed project in marketing materials and case studies as part of their online portfolio unless expressly agreed otherwise.

Deadlines

26. Abstract Marketing cannot be made responsible for missed deadlines due to a late deposit or delays in the client providing source materials or feedback. If such delays occur, then deadlines will be revised.
27. In the event of the client’s inability to meet interim deadlines, subsequent deadlines shall be moved back on a day-for-day basis unless rescheduled by mutual agreement.
28. Regular progress updates will be provided, review dates agreed during the course of the project. Abstract Marketing will do everything to meet the client’s timescales.
29. Abstract Marketing cannot be responsible for deadlines missed due to circumstances completely beyond their control, like family emergencies, pandemics, floods, war, acts of God, and so on.

Confidentiality

30. All details of consultancy work undertaken for the client by Abstract Marketing shall be treated as confidential by all personnel working for or on behalf of Abstract Marketing.
31. From time to time Abstract Marketing may be engaged in work for companies in similar or related markets. Abstract Marketing will not undertake projects if that would create a conflict of interest. All information received from clients in spoken or written form will be treated as confidential and will not be divulged to third parties or used in any way except in the performance of duties agreed between Abstract Marketing and the client supplying the information.
32. Abstract Marketing will ensure that all facts and statements in their work are true and that it does not infringe upon any copyright or other right of a third party.
33. However, Abstract Marketing is not liable to the client, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation, or other incidental, consequential, or special damages which arise regarding an assignment.

Updated August 28, 2024