Terms and Conditions
Sparrow Creative™ (Registered Trading Name under Sparrow Creative Studio Limited)
This website is owned and operated by Sparrow Creative Studio Limited (trading as Sparrow Creative™ and Sparrow Creative Studio). Registered office: 60 Firmin Close, Ipswich, IP1 2BF, UK. Email: , Phone: 07835332629 or 01473561055
Copyright for the content of this website is retained by Sparrow Creative, along with all rights in respect of any or all of the material. Content for this website may be printed for personal information only. The content may not be re-distributed, re-sold, edited, reproduced, stored in a retrievable system or transmitted in any form by any means, electronic, mechanical, for photocopying, recording or otherwise, without prior permission of Sparrow Creative. Any infringements will be rigorously pursued.
Sparrow Creative shall charge for work at prices set by Sparrow Creative , current at time of order, unless agreed otherwise in writing before the work starts. All prices quoted are assumed to be exclusive of materials, tax and delivery charges.
Sparrow Creative will quote prices and estimate work finish times for any job upon request.
a) Quotes and delivery estimates are provided subject to sight of final brief.
b) Customers are urged to check specifications and conditions in any quote. All additional work, requested outside of the original brief and provided quote, shall be chargeable separate at our set price, unless otherwise agreed in writing.
c) Quotes are checked for accuracy. However, Sparrow Creative reserves the right to decline work if an error occurred in the quote.
d) A copy of the Acceptance of Quotation (if provided) must be returned signed and dated before the commencement of any work can begin. This will be accepted as indication that these terms & conditions have been read and agreed to.
The client shall pay invoices for work ordered within 5 working days from the date of invoice. Sparrow Creative reserves the right to charge interest on all overdue sums (including interest charges for late payment) at the rate of 2.5% per week, payable on demand.
Once design work has been commissioned, all deposits are non-refundable.
4. Verbal Instructions
The customer is urged to issue all instructions in writing and to confirm telephone instructions by email/fax. Sparrow Creative will use its best endeavors to follow instructions given verbally but shall except no responsibility or liability for work carried out on this basis.
Sparrow Creative will not be liable for any costs incurred, compensation or loss of earnings due to material or information received late from the client or suppliers. Sparrow Creative reserves the right to charge extra for work which, as a result of being supplied late, must be executed more quickly than originally agreed.
If work is delayed or cancelled without prior arrangement, by more than seven days due to customer approvals, material supplied late, or for any reason that is beyond the control of Sparrow Creative, Sparrow Creative shall be entitled to payment for all work already carried out, whether or not completed or delivered.
Sparrow Creative liability to the customer for any damage or expense caused by a failure to discover any defect/error in the work or supplied items, shall be limited to a sum equal to the amount Sparrow Creative charges for those items or work effected. Sparrow Creative cannot be held liable for any errors, failures, defects, or delays in the work caused by the supply of unsuitable specifications, instructions or material supplied by the client.
a) All copy/content supplied by the client is received as final copy and is assumed to have been fully proof read, grammatically accurate and spell checked. All text generated by Sparrow Creative will be provided to the client for approval. Once Sparrow Creative receives sign-off from the client, it is assumed all copy and content is fully approved and proof read by the client.
b) Sparrow Creative by the client for use in any project is assumed that copyrights or permissions are assigned to them to use such imagery.
8. Force Majeure
Sparrow Creative shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to: -
a) Circumstances beyond the control of Sparrow Creative.
b) Fire, power failure, mechanical or software failure, media storage corruption and unavoidable shortage of materials.
c) Industrial disputes or third-party actions.
Until work carried out by Sparrow Creative is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with Sparrow Creative, and the customer shall hold the work on a fiduciary basis. Notwithstanding the above, the customer may sell on the work in normal course of business, in which case Sparrow Creative ownership shall attach to the proceeds of the sale.
10. Indemnity & Libel/Obscenity
The customer shall fully and effectively indemnify Sparrow Creative against all costs, expenses, damages and losses in connection with any third-party proceedings with respect of goods produced, worked on or work carried out by Sparrow Creative, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.
11. Customer Default
If the customer shall be in default, or if Sparrow Creative has reason to believe that the customer will be unable or unwilling to discharge its obligations, then Sparrow Creative may cease work without any liability and give notice to the customer that payment for anything supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, Sparrow Creative shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.
Outside of our core services Sparrow Creative may subcontract work to a third-party, but Sparrow Creative shall remain liable to the client for this work. We add a discretionary mark-up/handling charge at industry standard rates unless agreed otherwise in writing with the client prior to commencement of this work.
13. Divisibility of Contract
All contracts between Sparrow Creative and its clients are divisible. Each delivery made (i) shall be deemed to arise from a separate contract, and (ii) shall at Sparrow Creative discretion be invoiced separately.
14. Different Conditions
These conditions override any differing conditions which may appear on the customer’s order and may be modified only with the written consent of Sparrow Creative.
15. Governing Law
The resolution of any dispute shall be governed by the Laws of England.
16. Publicity Rights
Sparrow Creative. The customer agrees to give us credit where appropriate in all press, publicity and online material. Sparrow Creative appreciate the opportunity to see such material before publication. We reserve the right to use our commissioned design work in self-promotional literature, advertising and websites.
Sparrow Creative cannot be held liable for final printed items that do not match original inkjet/laser/screen visuals presented in the design process. Due to different printing processes/methods/stock, and digital display differences, final printed colours will vary.
Sparrow Creative accepts no responsibility for items printed from artwork supplied without a proof being supplied for approval.
Sparrow Creative shall sub-contract all print orders. Likeness in colours may vary on print runs and on reprints using the same colour. We are not liable for colour variations that are beyond our control. Printed colours vary between spot colours and 4 colour process (CMYK), and between lithographic and digital printing, etc.
19. Acceptance of Printed Work
The customer shall inspect all work immediately on receipt and give notice of any alleged defects in writing to Sparrow Creative within three working days of delivery. Failing such notice, the work shall be deemed to have been acceptable and therefore will be liable for payment.
WEBSITE DESIGN & DEVELOPMENT SERVICE TERMS
20. Website Development
The client agrees to provide/approve a site map and make available all content required for a working website to be developed. All content received prior to building a working website will be considered approved and final. Any changes to a site map or page content after approval may incur additional costs.
Unless an additional quote is requested, further developments instructed after a website has been initially completed and/or presented will incur additional costs based on the quoted hourly rate, unless otherwise agreed.
21. Website Liability
Sparrow Creative will endeavour to ensure that the website and any scripts or programs are free of errors, however we cannot accept responsibility for any issues which arise with third party applications, scripts, hosting or compatibility issues, and shall not be liable to any losses, breaches of security, or items outside of our control.
a) Any updates made to a website that was not produced by Sparrow Creative are not the responsibility of Sparrow Creative. If any such updates result in errors, failures, down-time, or security breaches, any requests to rectify the problem(s) will incur a nominal fee to complete.
b) Sparrow Creative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines as a result of a client’s failure to provide all required items within agreed time frames or as a result of factors beyond Sparrow Creative control.
c) Sparrow Creative will not be liable or become involved in any disputes between the site owner and their clients, customers or visitors, and cannot be held responsible for any wrongdoing on the part of a site owner. (i.e.; items related to copyright, security or ownership).
d) Sparrow Creative will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
e) Sparrow Creative reserves the right to charge the client to upgrade a website to meet browser/device technological enhancements, should the website not display or function correctly when such updates are released and at the client’s request.
22. Website Copyright
The website, graphics, generated content (text and photography) and any programming code remain the property of Sparrow Creative until all outstanding accounts are paid in full. We reserve the right to withhold and remove content until payment is received or agreed upon.
a) Any front-end and back-end scripts, databases, applications, or software that is created by Sparrow Creative remain the copyright of Sparrow Creative and may not be commercially reproduced or resold without the permission of Sparrow Creative (unless otherwise agreed in writing). Any such acts of plagiarism will be considered theft and be liable for prosecution.
b) Sparrow Creative takes no responsibility for any copyright infringements caused by material supplied or requested by the client, or used by the client in the future, on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material (though it is not the responsibility of Sparrow Creative to check the validity of copyright on such items).
c) Any photography created by Sparrow Creative, or supplied from our archive, is issued on a limited license to the client (unless otherwise agreed in writing). Supplied photos may not be reproduced by the client without written authorisation from Sparrow Creative, and we reserve the right to re-license the image at an additional cost for each usage. Any acts of copyright infringement will be considered theft and be liable for prosecution.
23. Website Backups
Sparrow Creative are not responsible for archival backups of any live website but may keep a record of the website at time of completion and any updated files completed by Sparrow Creative (excluding database content). It is the responsibility of the client to arrange or discuss with their host suitable backup systems of a live website or database.
24. Hosting & Domain Names
Sparrow Creative will outline details of hosting server requirements when a full understanding of the project has been established.
a) Sparrow Creative can arrange hosting or recommend suitable hosting companies to host websites. Sparrow Creative are not a hosting provider or domain name registrar, and if we are asked to arrange for a suitable hosting account we shall find and arrange a third-party for this. Sparrow Creative can offer no guarantees on hosting arranged for the client, its availability or is liable for any loss of service – though we shall endeavour to communicate with the host or registrar should any issues arise.
b) Unless Sparrow Creative has arranged or recommended a suitable host server, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server requirements in order for the website to operate correctly. Sparrow Creative will not be liable for any delays in launching a website due to the client host server not meeting the outlined requirements set out on the brief.
c) If Sparrow Creative are asked to manage the hosting and/or domain registration, we shall pay for the service renewals 1 month prior to expiry on an annual basis (‘. co.uk’ domain names are renewed bi-annually) and invoice the client plus an administration fee. Domain names and hosting registered by Sparrow Creative will be owned by Sparrow Creative and licensed to the client.
d) If the client wishes to terminate the hosting or domain registration we require at least 1 month written notice prior to expiry. There is no refund offered if the termination is requested at any point through the paid period of registration, though the client can request for the domain name(s) to be re-pointed to a different host server.
e) If the client wishes to transfer the domain from an account created by Sparrow Creative, they will be liable for any transfer costs imposed by the third-parties used. Sparrow Creative may also charge and administrative to complete such action.
25. Website Refusals & Termination
Sparrow Creative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
26. Website SEO & Search Engine Ranking
Sparrow Creative will endeavour to develop each website and page with a focus on maximising search engine optimisation (SEO) for assumed and relevant keywords, but Sparrow Creative cannot offer any guarantees regarding the position your website ranking in any search engine following the completion, upload and (if necessary) registration of your site.
a) Though Sparrow Creative undertake several experienced techniques which does aid in the performance your website SEO, due to external factors and potential changes to search engine algorithms we cannot accept liability for your position within a search engine directory or fluctuations in this position.
b) Sparrow Creative does not undertake techniques which are considered ‘illegal’ by any major search engine, as this risks your website being removed from the search engine directory. Sparrow Creative shall not be liable for any third-party development to include such techniques and the consequences incurred.
27. Computer Repairs and Maintenance
a) Once customer read and sign this document or agree otherwise, then an Engineer will inspect a computer for any damages, before carrying out of any work, if any damaged have been found, client will be advised on this and the Engineer will take a note of any damage found before starting any work.
b) All your data should be backed up/saved to another computer or removable media device (USB flash drive, DVD, CD disc) by you, or by us if requested by customer, before we can even start installing Microsoft Operating System © on to your computer or reformatting your hard drive. Following successful Microsoft Operating System© installation, your computer will be restored to its manufacturer “Factory Settings”.
28. Call-out Charges
“Sparrow Creative” standard labour rate is the price for specific service chosen by customer online or quote given over phone or email by Sparrow Creative. There is no call out charge for using call-out services.
Our standard service rates apply only for 1 hour spent at customer. After the first hour, we charge in blocks of thirty minutes at the rate of £15/h. Any parts required are priced individual and are not included in the price.
29. No Fix No Fee Policy
Our No Fix - No Fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer.
The policy does not apply in cases following:
Customer decide not to proceed
Computer needs a replacement part for it to be fixed
Computer data is not saved/backed up on another device
Computer does not have a power supply
Customer does not have an Internet Connection for problem to be solved
Laptop screen replacement
Third party issues
30. Product purchase from Sparrow Creative
Damage and Personal Accident
Sparrow Creative shall be under no liability in respect of any personal accident caused by goods purchased from our online store. Personal accidents, death, fire or any other personal accident caused by buyer himself. Buyer may use goods for wrong purpose, buyer may use of goods differently to its manufacturer recommendations. Sparrow Creative will take no responsibility for such action.
31. Computer Crash/Non-Functional
Sparrow Creative shall be under no liability of any technical problems caused to computers hardware, software or any other content, while during a repair.
Business Advertising Online and Offline
a) Sparrow Creative shall be under no liability if content provided in advertising is illegal or not owned by the client.
b) Sparrow Creative shall be under no liability if published content by Sparrow Creative in which has been agreed and provided by the client, caused loss in profits to the client or any other negative feedback.
c) Sparrow Creative can't guarantee to achieve the best results or result expected by the client in marketing done by Sparrow Creative in respect of natural marketing of other competitive company’s done on the same platforms, online or offline.
d) The client wishes to terminate the contract due to arisen third party problems or private reasons, bankruptcy or any other company related issues rather than caused by Sparrow Creative, then Sparrow Creative will have the right to keep the payment if done before start of contract.