Business Terms and Conditions

Overview

We’ve published these Terms and Conditions online so you can find them easily. They highlight the agreements The Inspired Marketing Group ("We", "Us", "Our") and our customer ("You", "Your") make with each other whenever we work together, complete work with you or on behalf of you, and provide any advice or guidance requested by you or your teams.

 

We know they're boring but please read them. Every time we work together we'll confirm the work you have requested in a Statement of Work which we expect you to sign and return prior to us starting to work with you. This just summarises what you have requested from us for your project.

 

These Terms and Conditions form the basis of that Statement of Work, however if there is any inconsistency between any of the provisions in the Statement of Work and these standard Terms and Conditions, then the provisions in this Statement of Work will take priority.

If you have any questions, please let us know. You can contact us by email, hello@theimgroup.co.uk.

 

We reserve the right to change any rates and any of these Terms and Conditions at any time and without notice. We'll update these and publish a note on our website to say we have done this.

Our Terms and Conditions

The following Terms and Conditions apply to all products and services that The Inspired Marketing Group offer. We assume that when we complete work on your behalf you have read, understood and agreed to our Terms and Conditions.

 

We retain all rights, ownership and intellectual property rights of any work (including words, visuals, concepts and ideas) until all invoices have been settled in full.

 

For clarity during our relationship with you, if multiple ideas or concepts are presented and you choose one specific route all unused words, visuals, concepts and ideas will remain the property of The Inspired Marketing Group.

Working with us

When we start working together we’ll provide you with a Statement of Work which will carry the estimated costs to complete the work.

 

At this point we need you to sign the Statement of Work which means you have confirmed the estimate and you’ll now be bound by our Terms and Conditions.

 

For the avoidance of doubt, our Terms and Conditions and not any conditions on a customer’s purchase order are what govern the work.

 

Accepting our estimates and Terms and Conditions

Any order for design, digital and/or any other services offered by The Inspired Marketing Group by email, verbally or in writing will be considered as acceptance of our Terms and Conditions.

 

An estimate and scope of work validated by the customers signature on our Statement of Work, or by email, constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and The Inspired Marketing Group.

Project timelines

We outline an indicative timeline in our Statement of Work. This should be considered to be an estimation and we cannot be held responsible for any project that over runs, whatever the cause may be.

 

For the avoidance of doubt the estimated project timeline begins from the date the initial 50% payment has cleared or a date is confirmed in writing by The Inspired Marketing Group.

 

You agree to supply us with all necessary materials and files needed to create and complete the project in a timely manner, and to supply these in line with the project timeline.

Project completion
We consider a project to be complete upon receipt of a sign off email or verbal approval by the customer.

Payment

We require a payment equivalent to 50% of the estimate when you return the signed Statement of Work, and confirmation that you have accepted our Terms and Conditions. Just so you know, you accept these Terms and Conditions when you sign your Statement of Work with us. We won’t start any work until the payment has been made.

 

The remaining balance of the project can be requested in stages throughout the project. Normally a further 25% will be due half way through the project and the balance will be due prior to us releasing the materials created during the project.

Our standard payment terms are 14 days from the invoice date.

Any invoice queries must be immediately raised with us. You can do this by emailing hello@theimgroup.co.uk.

Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charges at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

Payments can be made by bank transfer, credit card (Visa or Mastercard) or debit card. We do not accept cheque payments.

Publication and/or release of work carried out by The Inspired Marketing Group on behalf of you, will not take place before funds have been received and cleared.

Other charges

Our business model adopts remote working at all times. If you require us, and or any persons providing services detailed within the Statement of Work on behalf of us, to attend meetings or execute the provisions of these services at your location of work, then you agree to fully reimburse any expenses incurred in connection with providing these services.

 

Should the work within the Statement of Work change during the project, additional work will become fully payable at the time of approving the additional estimate.

Your cancellation rights

You can cancel a project within 48 hours of signing our Statement of Work. If you cancel after this time you will be liable for the initial 50% fee as set out in our Payment section above. You will also be invoiced for all work completed to the point of cancellation above the initial fee. This payment is subject to our standard payment terms.

Non-payment
 

Your account will be considered in a default status if invoices remain unpaid for 28 days from the date of invoice. We reserve the right to remove or restrict access to our material, which would include restricting access or unpublishing websites until the monies owed have been fully paid. 

This includes any monies owed for services, including, but not limited to, domain hosting, website access, freelancers, design work and online marketing activity instigated and maintained by us.

For the avoidance of doubt, the removal or restriction of such activities or materials does not release the customers obligation to pay The Inspired Marketing Group any monies owed.

Customers with accounts in arrears, agree to pay all our reasonable additional costs, such as expenses and third-party collection fees so that we can enforce these Terms and Conditions and collect any monies owned.

Terms relating to specific work undertaken
Website design only

Once a template has been approved by you, any changes to the structure, colour palettes navigation items, or content that result in a template change will be subject to additional charges. Prior to publishing the website, we allow the customer to review the site and content and make minor changes free of charge. Minor changes are categorised as simple text changes and placement tweaks.

Website hosting

Our hosting service is offered and overseen by a 3rd party. As such we cannot guarantee continuous service and will not accept liability for loss of service, whatever the cause.

 

Fees for hosting are due prior to publishing and are non-refundable. The renewal of any domain names and SSL certificates are the 

responsibility of the customer.

 

Domain Registration
We cannot guarantee the availability of any domain name. Where we register a domain name on behalf of you we will endeavour to obtain the requested Domain Name.

Files

Proofs will be supplied as PDF files as appropriate for printing. Charges for design work do not cover the release of our source files, including but not restricted to indd, psd, AI, png or other source files or raw code. If a customer requires these files they will be subject to a separate quotation.

Search Engine Submission
We cannot guarantee any particular placement in the work we do. We also cannot guarantee any website will be accepted and when it does it will take time to appear in search results. These results will also vary from one search engine to another, and differ from website to mobile.

Copyrights and Trademarks

When you supply text, images and other data to us to include in your project, we assume and expect you holds the appropriate copyright and/or trademark permissions.

 

Any work produced by us, on behalf of you, will remain the property of The Inspired Marketing Group until all invoices for that work have been paid in full.

Any software, code, plugin or other third-party material used on a web or digital project remains the property of the creator and any ongoing licence fees or upgrade fees are the sole responsibility of the customer.

By supplying images, text, or any other data to The Inspired Marketing Group, you grant us permission to use this material royalty free.

 

You agree to fully indemnify and hold The Inspired Marketing Group free from harm in any claim resulting from you not obtaining all the required copyright, and/or necessary permissions to us the supplied images, text, or any other data.

Permanent placement of iMG community members

A key part of our offering is the ability for businesses to access high quality marketing talent at short notice, on a flexible contract with no long-term commitment.

 

We want our community members to add value quickly, but we accept from time to time issues may arise. Our community members are bound by your policies and procedures under a “Terms of Engagement” clause in the contracts we raise between us and them.

 

In these circumstances and subject to 28 days’ notice, the services or community members provided can be amended.

We fully expect our community members to make a great impression, and it’s not uncommon that businesses may want to hire a community member on a permanent basis, rather than procuring their services through us.

 

Should this be the case we will in the first instance give you the option of continuing to procure their services, via us, for an extended period of time.

 

If this offer isn’t taken up then you acknowledge and agree that a Temp to Perm fee will be payable by you. The fee is chargeable if you permanently hire a community member within 14 weeks from the start of their last project with you, or eight weeks from the end of their last project with you, whichever ends later. The fee is set at 20% of the last project contract value the community member worked on with you, on behalf of us.

Amendments

The Statement of Work will outline how many revisions are included in the estimate following your internal approval rounds, unless stated this is one round of amends. You agree to this and that further amends you require over that outlined in the Statement of Work are liable for separate charges.

Rights of Access

You agree to allow The Inspired Marketing Group access to computer systems, usernames and passwords in order to complete a website project. You also agree to allow The Inspired Marketing Group access to computer systems, usernames and passwords to remove data and/or sites if you fail to comply with these Terms and Conditions.

Licensing
Any creative, concept, design, copywriting or idea created for you by us, or any of our freelances, is licensed for use by you on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Inspired Marketing Group.
 
The customer will be responsible for registering any trademarks associated to their brand. We will not be held responsible for any damages resulting from such claims. We are not responsible for any loss, or consequential loss, non-delivery of products or services.
Showcasing our work
You agree to allow The Inspired Marketing Group to highlight any work, including anonymised results, or materials we have created on our own website. This is for visual purposes only and is for our own publicity and portfolios.
Rights of refusal

We will not include in our designs, any text, images or other data which we deem to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. We also reserve the right to refuse to include submitted material without giving reason.

 

In the situation where any images, material and/or data we do include in good faith, are subsequently discovered to be in contravention to the Terms and Conditions, you are obliged to allow The Inspired Marketing Group to remove these without delay or penalty. We are not to be held responsible in any way for any such images, material or data being included.

 

Termination and Interruption of Performance

We may at any time, by informing you in writing, terminate any agreement we hold with you if we are no longer able to fulfil the terms of the services. We will endeavour to provide you with 28 days’ notice of this termination. Upon termination for any reason other than non-performance or breach of the contract by you, we will pay you any costs reasonably incurred by you during the term up to and including the date on which you received the notice of termination. 

 

Should the operation of our business or the operation of the business of any of our contractors be stopped, interrupted or restricted by any cause beyond its reasonable control including but not limited to war, civil commotion, strike, fire, explosion or other form of force majeure, we may, without incurring any additional liability to you, serve notice to you identifying the relevant event and anticipated delay or suspension of services until the event or circumstance causing the stoppage, interruption or restriction has ceased. In these circumstances we also reverse the right to completely terminate the services provided without penalty or liability.

Disclaimer

The Inspired Marketing Group makes no warranties of any kind, express or implied, for any and all products and/or services that we supply.

 

The Inspired Marketing Group will not be held responsible for any and all damages resulting from products and/or services it supplies. Nor are we responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.

 

Whilst we take all reasonable care to research the materials or solutions we recommend, we cannot accept responsibility for the performance or quality of materials or any consequential loss arising from their failure. By working with us, you agree to not hold The Inspired Marketing Group responsible for any such loss or damage. Any claim against The Inspired Marketing Group will be limited to the relevant fee(s) paid by the customer.

 

The Inspired Marketing Group reserves the right to use the services of sub-contractors, freelancers and other suppliers to deliver the requested work. Any work, content, services and usage will be bound by their Terms and Conditions. and we will highlight this during the delivery of your project. We will not knowingly perform any actions to contravene these Terms and Conditions, and you also agreeto do the same.

This page and our Terms and Conditions were last updated on 28th June 2021.