terms and conditions
Last updated: November 1st 2024
In these terms and conditions “the Company” shall mean The ARK Agency and the Customer shall mean the Party with whom the Company enters into a Contract, even if fees are agreed to be invoiced to a nominated third party.
These Conditions shall apply to all goods and services supplied by the Company. Any provision, stipulation or condition in the conditions of order of the person, firm or company whom such goods and services are supplied – the Customer – or otherwise which conflicts with or in any way qualifies or negates any of these Conditions shall have no effect and these Conditions shall prevail. These Conditions are to complement any Project Proposal drawn up for the person, firm or company to whom such goods and services are supplied.
These Conditions are to complement any Project Proposal drawn up for the person, firm or company to whom such goods and services are supplied.
General Assumptions
a) The ARK Agency timelines and costs are based on the availability of client meeting participation and approval. Delay in participation may result in the delay of the whole project, and The ARK Agency will not bear accountability for any delays in the project as a result of client failure to meet approval, content supply or meeting deadlines.
b) If the delivery of any deliverables is delayed as a result of the client, The ARK Agency reserves the right to invoice in part or in full for any works already completed but contingent on the delivery of the delayed deliverables. The issuing of these interim invoices may occur outside of the agreed payment schedule.
c) The Client will provide 1 client project lead per phase and will ensure streamlined process and consolidated feedback. This feedback must be in written form.
d) Where necessary, The ARK Agency may engage specialist 3rd party vendors to ensure the timely and quality delivery of any works commissioned.
e) Should further deliverables or services be required, a change order will be issued to cover additional costs, as per the change of scope procedure outlined in the proposal submitted to the Client by The ARK Agency.
Deposits
a) A deposit is a sum of money paid in advance to secure services or products offered by The ARK Agency.
b) This deposit confirms your commitment and reserves your spot for the agreed-upon service. For all services, bar content days payment must be paid upfront before starting work.
c) A 20% non-refundable deposit is required when booking a content day.
d) Clients may request to reschedule services up to 5 days prior to the original date without penalty.
e) Requests made any later than 5 days prior to the planned date may incur a further 20% fee.
Amendments
a) Should clients be unhappy with work provided, they have the right to request 3 amendments within a 7 day time-frame from the date of when work is handed over.
b) Should the client request amendments after 7 days, a fee may incur.
Cancellations
a) A cancellation 2-5 days prior to a content day will incur a fee of 20% of its original price. A
b) Cancellation on the day will require a 50% cancellation fee.
c) Should any clients wish to cancel their content day more than 5 days prior the the date, no fee will be charged.
Copyright
a) Unless specifically agreed otherwise in writing, the copyright and all other rights of an intellectual property nature in all design, artwork, copy and other work produced by the Company under this agreement shall be and remain the exclusive property of the Company. The rights of an intellectual property nature in all design, artwork, copy and other work produced by third parties, except where the Company obtains a valid assignment of such rights from such third parties, shall remain with such third parties but the Company shall, at the customers’ request use its reasonable endeavours to obtain such as assignment in the event that the Customer pays all of the costs and fees involved.
b) For the avoidance of doubt nothing in this agreement shall require the Company to assign the rights of an intellectual property nature in its work, unless a separate agreement is requested and reached in advance.
Insurance
The Customer shall be responsible for effecting all necessary insurance in respect of any loss, damage or expense that it may suffer directly or indirectly in relation to the provision or non-provision of the Company’s goods and services.
Suspension & Termination
The Company shall be entitled to suspend its performance of the contract if and for so long as the Customer shall be in breach of any of its obligations; and
a) If the Customer is in arrears on any payment to the Company.
b) to determine the contract without notice in the event of the bankruptcy, insolvency or liquidation of the Customer at any time or the levying of any distress, execution or other legal process upon the Customer’s assets or in the event of a receiver being appointed over all or any part of the Company’s assets or in the event of a continuing breach by the Customer of any of its obligations.
Waiver
The waiver or non-enforcement by the Company of any breach of these Conditions shall not prevent the subsequent enforcement of these Conditions in full and shall not be deemed as a waiver of any subsequent breach.
Force Majeure
The Company shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of God, government action, failure of power supply, equipment failure, lock out, strike, default, or failure of subcontractor or suppliers or any other cause beyond its reasonable control and the Company shall not be liable for any loss, damage or expense suffered by the Customer or any third party arising directly or indirectly from any of such matters.
Variation
a) These conditions shall not be varied, waived, or modified except in writing under the hand of a duly authorised officer of the Company.
b) These conditions override any differing conditions which may appear on the Customer’s order form or other document.
c) The Company reserves the right to vary these Conditions from time to time subject to giving prior written notice by email to the Customer.
Notice
Any notices required to be given under these Conditions shall be in writing.
Governing Law
These Conditions shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales.
Billing
This activity will be listed with your project proposal.
a) If multiple elements are completed in the same month they will be invoiced together.
b) All external costs such as print, photography, videography, hosting or advertising to be billed as they occur.
Deliverables
These will be outlined in your project proposal.
If you have any questions about these Terms and Conditions, email: hello@thearkagency.co.uk