Standard Terms & Conditions Definitions:

‘The Company’ is Kensa Creative Limited. ‘The Client’ means the party, or any person acting on their behalf with whom the Company contracts.

1. All charges for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate.
2. All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted in advance and charged accordingly.
3. Delivery of any physical outputs will be included in the estimated price where necessary, unless special requirements are requested, i.e. next day/same day delivery.
4. Where the Client operates a purchase order system, a signed purchase order (preferably with a PO number and project value) will need to be raised for the full quoted and agreed amount before work can commence on any job.
5. Depending on the scale and duration of the project work will be billed either upon completion of preagreed project milestones or in monthly intervals based on the proportion of work completed at the relevant hourly charge.
6. All estimates are based on expected time to complete the work at the relevant hourly rate and include a provision for amends where alterations are expected to be called for by the Client. The specifics regarding rounds of revisions included for any given project will be detailed on the individual estimate. If additional changes are required by the Client beyond the agreed scope, that work will be agreed in advance and billed at our standard hourly rate.
7. Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
8. Delays and non-adherence to any agreed project schedules by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
9. Whilst every effort will be made to achieve any agreed delivery timescales, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
10. For all new clients payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties.
11. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice. If an invoice remains unpaid for a period of 90 days the Company reserves the right to make a surcharge of 8% per month in interest to accounts that are overdue.
12. Disbursements on behalf of the Client may result in a request for payment in advance from the Client.
13. All fees are quoted in British Pounds Sterling (GBP). For international clients, currency conversion will be calculated at the prevailing rate. Any bank charges or currency conversion fees shall be borne by the Client.
14. Should the project be unable to be completed for any reason or be delayed/put on hold by the Client, the Company reserves the right to invoice for any disbursements for part works carried out including Third Party costs incurred. In good faith, the Company will hold any supplied files, originals and materials for a period of 12 months. Resumption of works on the project will be completed according to the original schedule of costs so long as the project specification remains unaltered.
15. If at any point during the project the Client wishes to cancel they may do so by notifying the Company’s relevant project lead in writing. The Client will be invoiced an amount that Kensa Creative Ltd judges to be proportional to the amount of work completed as of this date. Further compensatory charges for booked time or any other supply costs accruing may apply.
16. All creative work produced and devised during a project(s), creative, digital, and software files remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared. After payment, the Client acquires full ownership of the creative output and associated artwork assets.
17. Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
18. It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Kensa Creative Limited by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Kensa Creative Limited will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
19. The Company reserves the right to commission freelance support or outsource aspects of any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
20. For projects which involve third parties commissioned directly by the Client, the Company will not be held responsible in any way for services not carried out/managed directly by the Company.
21. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
22. In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
23. Every endeavour will be made to deliver the correct quantity of any printed items ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts where it is in the Clients best interest.
24. Digital deliverables shall be provided in industry-standard formats. The Company warrants that all digital assets will be tested for compatibility across agreed platforms and browsers current at the time of delivery.
25. Website hosting services are provided on a month-to-month basis and may be terminated with 30 days’ written notice. The Company reserves the right to suspend hosting services without notice in the event of non-payment or breach of acceptable use policies.
26. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss.
27. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
28. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
29. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
30. Both parties shall comply with all applicable data protection laws, including but not limited to the UK GDPR and Data Protection Act 2018. The Company shall process personal data only as necessary for the performance of this agreement and in accordance with our Privacy Policy.
31. The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike, Global health crisis, Network or telecommunications failures, Cybersecurity incidents affecting either party or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
32. The Company’s total liability under this agreement shall be limited to the total fees paid for the services. The Company maintains professional indemnity insurance with a reputable insurer. The Company explicitly excludes liability for: Consequential or indirect losses, Loss of profits, business, or opportunities, Third-party claims and Damages resulting from Client-supplied materials or instructions.
33. The Company will have a lien over any product, data or materials if all payments due have not been paid and cleared in full within 90 days from the date of invoice. We reserve the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
34. This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Alternative dispute resolution methods shall be considered before litigation.
35. Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.

The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services.

Last updated: 08/01/2025