No terms and conditions of any purchase order or invoice of Purchaser utilised in connection with the purchase of Future Present’s services shall, even if expressly so stating, be deemed to override these terms and conditions.
The following terms and conditions shall apply to all projects undertaken by Future Present and by asking us to carry out any sort of work for you, you are agreeing to these terms.
This page details the terms and conditions of the agreement between you (the client) and us (Future Present Agency Limited). Future Present strive to ensure our communication are at all times clear, straight-forward and honest – and in that spirit these terms have been written in plain, easy-to-understand English.
In this document:
“We”, “Us” or “Future Present” refers to Future Present Agency Limited, a company registered in England under company number 11708243.
“You” refers to the client company named on the quotation or estimate.
“Quotation” refers to the fixed price quotation for supply of the work contained in the Products & Services section of the quote. The fixed price will not change as the project progresses unless the scope of work changes.
“Estimate” refers to the estimated cost of supply of the work contained in the scope of work. It is not a fixed price and is therefore subject to fluctuation as the project progresses.
“Products & Services” refers to the section of the quotation or estimate that details the exact details of the work to be carried out under this agreement.
“Agreed fee” refers to the amount of money it is agreed that you will pay us.
“Delivery Timeline” refers to the agreed delivery schedule in the estimate or quotation.
“Brief” refers to the information you have supplied to us (either verbally or in writing) against which we have supplied the quotation or estimate and in line with which we will be working on the project.
These terms and conditions supersede any previous version of this document that may have been supplied to you and/or published on the Future Present website.
These terms over-rule any verbal discussions between you and Future Present and its representatives or directors and where there is any conflict between the two, these terms will take precedence.
Products & Services
The section(s) marked “Products & Services” on the quotation or estimate outlines the work we agree to carry out for you for the agreed fee. We aim to ensure that this section of the quotation or estimate adequately describes our understanding of the project as you have described it to us in your brief.
Where it becomes clear that the brief (or our understanding of the brief) deviates significantly from the Products & Services agreed at the time of quotation, we will notify you at the earliest possible opportunity and (where practical and not detrimental to the delivery timelines) will stop work until a revised quotation or estimate can be signed off by you.
You are entitled to cancel the project at any stage before or after we have commenced work.
- Cancellation Fees – 50% up to 48 hours before production is due to start, 100% cancellation fee is applicable if within 48 hours of the project commencing.
The project will automatically be deemed cancelled if any of the following things happen:
- You cease contact with us for a period of 4 weeks.
- You fail to supply information, artwork or anything else we need to complete the work.
- You or we become insolvent, are placed into administration, liquidation or otherwise make a formal arrangement with creditors.
- You fail to make an agreed stage payment or fail to comply with any agreed payment plan.
- You or we breach this agreement and do not rectify that breach to the satisfaction of the other party.
In the event of cancellation you will be liable to pay to us:
- The agreed fee in full if the project is fully delivered prior to, or within 48 hours of cancellation taking effect.
- Our standard studio rate of £750 per day for:
- Time already spent on the project
- Time already committed to the project that cannot be replaced with other work
- Time that we have committed to purchase from freelance staff in order to allow us to complete the project
- Items or services (including, but not limited to, images, licences, usage rights, software, specialist skills) that we have committed to purchase on your behalf or to facilitate the completion of the project.
- If the project has not yet been started, an amount equal to 25% of the total project value if this is greater than the total of the above items.
Image Usage and Copyright
If we purchase copyrighted images, video or audio files, or material subject to copyright or 3rd party ownership, we will notify you of the cost of this activity prior to committing to purchase. The costs of such activity will be passed on to you.
We will notify you of any restrictions on the use of such copyrighted material and you agree to only use the material in line with such restrictions. You agree to indemnify us against any claim for usage outside of the notified restrictions.
Where you supply images or other copyrighted material to us for use in the project, you agree that you are the legal owner of the material or that you have the right to use it. You agree to indemnify us against any claims for use of any such material.
3rd parties, freelance staff and associated costs
It is sometimes necessary (due to workload or requirement for specialist skills) for us to use 3rd party companies or freelance / contract members of staff. You agree that we may use such 3rd parties or freelance staff and agree that we will charge for their services in line with our normal pricing.
We take the security and confidentiality of your data, trading information and know-how, marketing activity and other business secrets very seriously. We have systems in place to ensure that your information is kept safe.
Where we use 3rd parties or freelancers, they are contracted to abide by the same level of confidentiality.
You agree that we may use 3rd party, on-line storage solutions to store your information and (while we endeavour to assess the systems used by our suppliers for suitability and security) that any breach of their network security and subsequent loss of data is outside our control and we cannot be liable for any consequential loss you may incur.
Any art work produced by us either during the pitch process or as part of the project is owned by us until such time as you pay our final invoice. Upon payment of the invoice, ownership of all items (including source and artwork files) produced by us will irrevocably pass to you for use within the stated application or project only. Should you wish to employ design styles, iconography or other design elements in other activity we will supply a “buy-out” price option which passes ownership for “any application” to you.
Where, in the production of the project, we have used 3rd party software, licences or code and we do not ourselves have ownership, we will of course be unable to pass it to you.
Checking work and errors / omissions
We pride ourselves in the quality of our work and attention to detail. However, we’re only human and the occasional mistake can slip through the net. For that reason, we ask you to check everything we create for you to make sure spelling, grammar, layout, colours etc are all as you want them.
Once you have signed off the work, we can’t accept liability for any errors that subsequently come to light.
We’re a small business and being paid on time is hugely important to us. For that reason we ask that the payment terms on our invoices are adhered to. If you’re unable to pay on time, it would be good to know in advance.
Unless we agree to extend the payment deadline, we will apply a standard rate of interest of 8% per annum above the published Barclays Bank PLC rate. We’re allowed to do this under the Late Payment of Commercial Debts (Interest) Act 1988.
If you’re a new company, or if it’s the first time we’ve worked together, we may ask for part or full payment up-front. We’ll advise you if this is the case – and we’ll need to receive cleared funds before we begin work.
Where a project is particularly large or spans a prolonged period of time, we may issue interim invoices every 30 days. Where we do this, we ask that each invoice is settled by return so that we can keep working hard, safe in the knowledge that our cash-flow isn’t being impacted upon.
Delivery timelines and deadlines
We’ll always try to deliver quickly and to any deadlines you set us. However sometimes factors outside our control or changes to the brief impact on delivery times. For that reason, we are unable to accept liability for any consequential loss.
We hope you’ll be delighted with every aspect of our service but if things fall short of your expectations, please tell us and we’ll do our best to put things right.
Our people are our biggest asset and we work hard to find them, train them and generally make them brilliant. You agree that you won’t (without our prior permission) solicit, entice or make any offer of employment (whether permanent or freelance) to any member of our team.
Our entire liability under this agreement shall not exceed the total value of the contract.
This contract between us is governed by English Law.
- All costs are exclusive of VAT unless otherwise stated
- Payment terms are 30 Days.
- Costs exclude image and font purchasing.
- Costs exclude third party software or applications unless where stated.
Costs can be provided for these or any other additional requests. Additional work to be charged on a time and materials basis. We include two rounds of amendments per project any additional amends/updates will be charged separately.