Terms & Conditions


The following Terms & Conditions apply to all products and services provided by Right Angle Design Consultants Limited (trading as Right Angle Creative or Right Angle).

SECTION 1: OVERVIEW

To become a client of Right Angle and use any of our services, you agree to the following Terms & Conditions. Your agreement to these terms will be indicated by Acceptance of any Project Proposal; or use of any of Right Angle’s services, whichever occurs first.

Please read these Terms & Conditions carefully. If you do not accept these Terms & Conditions without modification, you may not use Right Angle’s services. Right Angle may revise these Terms & Conditions at any time by updating this document. If the Terms & Conditions are revised, the original terms accepted by the client for a project will remain valid.

No oral explanation or information given by any party shall alter the interpretation of these Terms & Conditions. No variation or exception will be made to the document unless it is in writing and signed by both parties.

1.1: Governing Law

Both parties agree to submit all disputes arising under this agreement to the exclusive jurisdiction of the courts of England and Wales under English Law. English Law is the applicable law.

SECTION 2: PROJECT PROPOSALS & ACCEPTANCE

Right Angle will provide the potential client with a Project Proposal outlining the Scope of Works and associated costs (E&OE). These costs are an estimate of what we anticipate will be the time and production required to achieve the client deliverables, based upon our prior experience and knowledge, typical process and the client’s commitment to provide; content, materials, clear direction and feedback, to an agreed timescale.

Prices are valid for 30 days from the date of the Project Proposal. If work is not commenced within 30 days of acceptance, Right Angle reserves the right to retract and resubmit any proposal.

Acceptance of any Project Proposal would be via receipt of a Purchase Order, agreement in written form or receipt of the deposit. All projects are subject to the acceptance of Right Angle Creative Terms & Conditions which are available on request or can be found on the website.

2.1 Commencement Of Work & Project Timings

On receipt of the Project Deposit, Right Angle will begin working on the project and any timing for Project Milestones will commence.

SECTION 3: PAYMENT TERMS

Payment for services and products is accepted via BACS, Cheque and Credit Card. If payment is made via credit card an additional 2% charge will be added.

3.1 Standard Project Payment Terms

3.1.1 Project Deposit

Upon acceptance of the Project Proposal, the client will pay a non-refundable deposit of 50% of the total project value.

3.1.2 Final Balance

Artwork Projects:

For any projects that require the creation of Artwork (e.g. branding or print design projects), Right Angle will invoice the Final Balance of 50% upon the presentation and approval of the design concepts in electronic form.

Should additional revisions be required after the client approves the electronic design concepts, they will be estimated and invoiced as a separate Proposal.

The final Artwork files will be released to the client when all payments have been made in full.

Website Projects:

For all website projects, Right Angle will invoice the Final Balance of 50% upon the presentation and approval of the website.

Should additional changes be required after the client approves the website, they will be estimated and invoiced as a separate Proposal.

The website will be launched when all payments have been made in full.

3.2 Standard Reccurring Payment Terms

For services such as hosting, maintenance and “pay-per-click” management that involve reccurring payments, Right Angle will submit an invoice that must be paid in full before the renewal date, in order to avoid any disruption to service.

If payments are not received in full before the renewal date, the service will be placed ‘on hold’ until payment has been received in full. Specifically, for late hosting payments, a temporary holding page will be placed over the client’s website.

3.3 Standard Retainer Payment Terms

For retainer contracts, an invoice will be supplied at the start of every month, which will require payment in advance of the due date.

Should the client wish to conclude the retainer agreement early, Right Angle will submit an invoice for any outstanding balance which shall be due for immediate payment upon receipt, or if the client has credit, this will be available for future projects, but will not be eligible for a refund.

3.4 Account Clients Payment Terms

Once a project has been completed and payment for all invoices have been made in full; should the client require our services on an ongoing basis, they can request to set up an account with us. Account Client invoices are payable within NET 30 days (with the exception of project deposits which fall under Section 3.1.1: Project Deposit).

3.5 Unpaid Invoices

Any invoices that remain unpaid after their due date will result in all live work and associated deadlines for the client being placed ‘on hold’ until full payment has been received. All goods, services and Intellectual Property rights remain the property of Right Angle Creative and under no circumstances can any work produced be used to promote the client’s business until invoices are paid in full.

We reserve the right to charge Statutory Interest if a payment is late. This is calculated at 8% plus the Bank of England base rate for business-to-business transactions, per month.

3.6 Standard Studio Rates

Standard Studio Rates are available upon request.

SECTION 4: PROJECT GUARANTEE

Unless specified within the Proposal, all our projects are covered under the Right Angle Creative Project Guarantee.

Our Guarantee:

After acceptance, Right Angle guarantees that the Scope of Works will be completed at the fixed cost agreed between Right Angle and the client.

The Project Guarantee will become void in the event of any of the following:

 

  • The client requests a change to the agreed Scope of Works.
  • The client requests a change of direction or new concept that differs from the initial brief.
  • The client fails to provide a clear direction and/or feedback for the project to the agreed timescale.
  • The client fails to meet deadlines agreed with Right Angle.
  • The client cancels the project.
  • The client backtracks to a previous version of the design concepts after requesting additional revisions.

In the event of the client backtracking, Right Angle reserves the right to calculate the studio hours used to produce the additional revisions and add the amount to the final invoice at the studio’s hourly rate (See 3.6 Standard Studio Rates).

SECTION 5: TERMS OF SERVICE

Right Angle is an independent contractor, not an employee of the client or any company affiliated with them. We provide our services under the general direction of the client, but we determine, the manner and means by which the services are accomplished. Agreement of these Terms & Conditions does not create a partnership or joint venture and neither party is authorised to act as an agent or bind the other party.

Should the need arise, Right Angle is permitted to engage and/or use third party designers or other service providers as independent contractors in connection with our services. We shall remain responsible for any third-party compliance with the various Terms & Conditions of this agreement.

SECTION 6: TEXT & DIGITAL CONTENT

All text and digital content are to be provided in an agreed digital format. Images & videos need to be of agreed quality, suitable for use without any need for subsequent image processing. The client must check all text for any spelling, grammar and formatting issues before submission. Right Angle will not be held responsible for incorrectly supplied content being used in production. Any reprints for any reason will be at the customer’s expense.

6.1 Stock Images

If agreed within the Scope of Works, Right Angle can source a range of (watermarked demo) stock images for the client. These stock images must be purchased before use on the final artwork and will be in addition to the original quoted price unless otherwise stated.

SECTION 7: DEADLINES & PROJECT DELAYS

Deadlines and Milestones agreed between Right Angle and the client are regarded as a commitment to the project and imperative to the timely production of work. All Deadlines, Milestones and Timescales are measured from the receipt of Project Deposit. The client agrees that our ability to meet deadlines is entirely dependent on their prompt performance in providing content, materials, clear direction and feedback within the agreed timescale.

Any change to the agreed Scope of Works by the client after the project has started may result in delayed delivery. Right Angle cannot be held responsible for missed deadlines/milestones that have directly resulted from any delay on the client’s behalf.

SECTION 8: PROJECT INTERRUPTIONS & CANCELLATIONS

8.1 On Hold Projects

For projects that have been put ‘on hold’, Right Angle will submit an invoice for all work completed to date that is over and above the non-refundable 50% deposit.

8.2 Project Cancellations

For any cancellation of projects, Right Angle reserves the right to charge a minimum of 50% of the Final Balance or the value of work completed to date, whichever is greater.

SECTION 9: DESIGN & ARTWORK ACCEPTANCE 

Once the client has approved a design concept, Right Angle will create the digital Artwork in the agreed format, ready for production. The final artwork files will not be released to the client until all payments have been made in full.

When accepting design drafts or artwork proofs, the client is held fully responsible for accepting all content. All design drafts or Artwork sent to the client will be considered as approved unless notified otherwise by the client upon receipt.

If the client requests changes during or after the artwork stage, these changes will be offered as a separate Proposal.

SECTION 10: ALTERATIONS & AUTHORS CORRECTIONS

Authors Corrections refer to any substantive revisions made to the design concept and/or the Scope of Works by the client, after the client’s approval. Any Authors Corrections will be charged at our standard studio rate (See Section 3.6 Standard Studio Rates) unless otherwise agreed in writing.

SECTION 11: ADDITIONAL SERVICES 

Right Angle can provide additional services during the project that are outside the agreed Scope of Works. These services will be offered as a separate Proposal. Such services include but are not limited to; photography, photo retouching, art direction, research, media conversion, digital image processing, data entry services, Google Adwords management.

SECTION 12: DESIGN CREDITS

The Client agrees to allow Right Angle to place a small credit on any work created, including but not limited to printed materials, exhibition displays, advertisements and websites. This will be in the form of a small logo and/or line of text placed in a non-prominent position.

Any work completed for the client can be used for publicity and promotional usage of Right Angle, existing and future. This may take the form of printed materials, exhibitions, displays, advertisements, design competitions as well as on our website and social media platforms. Right Angle has the right to show and explain portions of the completed project to other companies when pitching for new business. Once a project has been completed and introduced to the public, Right Angle has the right to add the client’s name to our client list.

Right Angle reserves the right to create additional graphics and mockups of both approved artwork and design concepts to showcase the work to its full potential.

If the design project is environmental/3-D related (e.g. signage, trade show booth, retail interior or an exhibit), Right Angle has permission to access the project and take photographs under optimal circumstances.

12.1 Removal of Design Credits

Should the client not wish to allow or want to remove this design credit, Right Angle will submit an invoice for a single payment of £1000 plus VAT.

SECTION 13: PROJECT ARCHIVING

Any artwork, photographs, images, websites and data will not be archived or stored unless specifically agreed in writing by Right Angle before the work commencing. Right Angle holds no responsibility for archiving artwork, photographs, images, websites and data and has no obligation to replace or provide any of these items after they have been completed and supplied for their single specific purpose as outlined in the approved Project Proposal.

SECTION 14: SEARCH ENGINE OPTIMISATION (SEO)

When included in the Scope of Works, the client’s website will be optimised for the agreed keywords and phrases. However, due to the number of considerations that search engines use when determining a site’s ranking, Right Angle cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. The client’s site ranking will also vary as existing websites are edited and new sites are added.

SECTION 15: GOOGLE ADS (PPC)

When included in the Scope of Works, the client’s Google Ads account will be optimised for the agreed keywords and phrases. However, due to the number of considerations and competitive nature within pay-per-click advertising, Right Angle can’t guarantee the position of the adverts or number of conversions. Right Angle ensures that all our services will be provided using reasonable care and skill.

As part of our additional Google Ads Management services (see Section 11: Additional Services), in order to improve the performance of your account and relevance of the ads, Right Angle may create additional website pages or alter existing web page content.

It’s the client’s responsibility to ensure any outstanding payments to third parties (i.e Google) are settled and in the unlikely event of charges due to outstanding payments, the client will be solely responsible to settle these charges immediately.

SECTION 16: HOSTING & MAINTENANCE

As part of our website maintenance services, regular updates for the Content Management System (CMS) and hosting server will need to be actioned. These updates do not include any content updates on the client’s website.

16.1 Technical Support

Technical assistance via telephone or email will be offered as part of our maintenance package. For any clients who purchase the website maintenance package, Right Angle will offer basic phone support of what is seen as a reasonable amount. This means we will answer and offer advice and support on the use of your CMS system for up to 15 minutes per month. Anything outside this may require additional charges.

16.2 Hosting Servers

Right Angle uses third party hosting servers to host client websites. Servers used by Right Angle may from time to time perform routine maintenance, services and upgrades. Any disruption to the client’s website will be kept to a minimum.

Servers used by Right Angle may experience outages beyond Right Angle’s control. At Right Angle’s discretion, we may provide notification of planned outages. Right Angle will not be liable for service interruptions or downtime of the server.

16.3 Website Maintenance

As part of our website maintenance services, Right Angle may periodically perform routine maintenance, services and upgrades. Any disruption to the client’s website will be kept to a minimum.

SECTION 17: TERMINATION OF SERVICE 

17.1 Hosting, Maintenance & Google Ads 

If either party wishes to terminate the partnership, written Notice must be given to the other with at least 30 days notice. All written notice by Right Angle will be issued to the named person on the Project Proposal, unless agreed otherwise. The client should send any written Notice to Tony Whitehead the creative director at Right Angle Creative.

Right Angle may terminate the contract with immediate effect, by giving written notice to the client if:

  • The client fails to pay any amount due on the agreed date.
  • The client suspends or threatens to suspend the payment of any debts.
  • The client is unable to pay any debts.

If any service has been purchased for an extended period (e.g. 12 months) there is no refund for the remainder of the contract.
17.2 Upon Termination Of Service For Any Reason

The client is required to pay all outstanding invoices (including interest if applicable) in full for any services supplied.

For services that have been supplied for which no invoice has been submitted, Right Angle shall submit an invoice which shall be due for immediate payment upon receipt

SECTION 18: EXCLUSION & LIMITATION OF LIABILITY

18.1 Total Claims

Right Angle’s total aggregate liability to the client for any claim, shall be limited to the total value of the project(s) which are the subject of any such claim.

18.2 Consequential Loss

In no event shall Right Angle be liable for any loss of business, profits or anticipated savings or any other indirect consequential or economic loss whatsoever.

In the instance of website hosting, the client releases Right Angle from any claim or potential claim with relation to outages and any loss of business/service suffered by the client or any third party.

SECTION 19: PROPERTY RIGHTS, TRADEMARKS & ALL OTHER CONSENTS

The Client is solely responsible for obtaining all necessary intellectual rights clearances and/or other consents and authorisations.

By supplying text, images and any other data to Right Angle, the client declares that they have the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright/trademark owner.

The client agrees to fully indemnify and hold Right Angle free from harm and responsibility in all issues/claims resulting from the client in not having obtained all the required copyright or trademark permissions.

19.1 Trademarks

Any design work created by Right Angle over which the client obtains ownership will not automatically be protected by a trademark. This includes items such as Logos, Words, Names, Images, Branding, an aspect of shape, colour, sound or scent – or any combination of these. It is the responsibility of the client to investigate the availability or possibility of registering the work as a trademark and also to undertake the process of registration.

SECTION 20: INDEMNITY

The Client agrees to indemnify, keep indemnified and hold Right Angle harmless against any claim brought against Right Angle by a third party resulting from the provision of services to the client. This includes all losses, costs, actions, proceedings, damages, expenses (including reasonable legal costs) or liabilities in consequence of the client’s breach or non-observance of these terms.

SECTION 21: FORCE MAJEURE 

Right Angle will not be deemed in breach of this agreement if we are unable to fully complete the services or any portion thereof due to; fire, earthquake, flood, hurricane or other severe weather condition, pandemic, labour dispute, act of God, act of war, terrorism, riot or other severe civil disturbance, death, illness or incapacity of Right Angle’s employees or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Right Angle’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, Right Angle shall give relevant notice to the client of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.