General Terms & Conditions
The following terms and conditions refer to Martin Barnes Creative Limited ("MBCL") and its general relationship with clients and potential clients (“client”/"clients").
1 Quotations & Estimates
1.1 All quotations and estimates are confirmed and issued in writing, and are valid for 30 days from the date of submission unless specified otherwise. Verbal estimates may be issued on an advisory basis, however, remain subject to a written confirmation.
1.2 Quotations and estimates are based on the information provided by the client, included but not limited to detail on quantities, structure, scope and functionality. Quotations or estimates may therefore be subject to revision should the client’s requirements change at any time.
1.3 Quotations and estimates are calculated on a standard hourly rate of £60.00 + VAT per hour. All orders are subject to a minimum order charge of £40.00 + VAT.
1.4 MBCL reserves the right to adjust the hourly rate at any time as business needs dictate.
1.5 Quotations and estimates are based on MBCL’s current production expenses, and unless otherwise agreed are subject to adjustment on or at any time after acceptance to accommodate any rise or fall in such expenses.
1.6 Unless otherwise stated, physical proofs or samples, photography, stock images, font licenses, copywriting, outsourced services, delivery, exceptional travel arrangements, or otherwise will be additionally charged.
1.7 Estimates given by MBCL on the timescale of completion or supply of services (whether in whole or in part) shall be estimates only, and time shall not be of essence.
1.8 Any stated timescale is reliant on the client providing all required information, copy or images within the time set out at the initiation of the project.
2 Methods
2.1 MBCL reserves the right to sub-contract the fulfilment or an order, or any part thereof.
2.2 Electronically supplied images will be included in designs without charge provided they are of an appropriate quality. Pictures must be supplied at a minimum 300dpi in standard JPEG, PNG or TIF formats. Pictures that require scanning or altering to meet required quality levels will be additionally charged at the hourly rate.
2.3 Logos or graphics need to be supplied as vector images in AI, EPS or PDF format. Logos or graphics that require redrawing or altering to meet required quality levels will be additionally charged at the hourly rate.
2.4 Images or graphics sourced from stock image libraries may incur additional licence or royalty charges payable by the client, with these being additionally quotable subject to their required inclusion in any artwork or design, as stated in point 1.6.
2.5 Should the client supply any media or text, MBCL is not obliged to check, edit or guarantee the correctness thereof in any way whatsoever, and the final product shall be made at the entire risk of the client. By providing MBCL with any media or text for inclusion in design work, it will be assumed the client holds all appropriate permissions or licenses for their reproduction.
2.6 MBCL will be indemnified for by the client in respect of any claims, costs and expenses caused through any libellous matter or infringement of copyrights, patents or any other personal rights contained within materials supplied by the client. Indemnity shall extent to any amounts paid on a solicitor’s advice in settlement of any claim.
2.7 Origination and/or conceptual work with any copyright(s) subsidising therein shall remain the property of MBCL, unless otherwise agreed in writing with the client.
2.8 The client’s property, and property supplied to MBCL on behalf of the client, while in possession of MBCL or in transit to or from the client will be deemed at the client’s risk unless otherwise agreed, and the client should insure appropriately.
2.8 MBCL may charge rent for the storage of goods retained at the request of the client, or items received before receipt of the order or after the client has been notified of the completion of the work.
2.9 When required to expedite delivery of the project ahead of the required time for a proper production of a given deadline, MBCL shall not be liable for any defects resulting thereby. Should expedited delivery require the payment of overtime wages, delivery charges or other additional costs, all such extras will be chargeable to the client.
2.10 MBCL shall not be required to use, print, hold or supply any matter which in its opinion is or may be of an illegal, immoral, libellous or offensive nature, or an infringement of the proprietary or other rights of a third party. All matter must conform to all standards laid down by all relevant advertising standards authorities. In the situation where any images and/or data that MBCL includes in all good faith and subsequently discovers is in contravention to these terms and conditions, the client is obliged to allow MBCL to exclude or replace the contravention without hindrance, or penalty. MBCL is to be held in no way responsible for any such data being included.
3 Invoicing & Payments
3.1 Payment of an invoice must be made no more than 7 days after the issue date of an invoice, unless otherwise agreed in writing in advance.
3.2 If payment for an outstanding invoice is not received after 28 days of issue, the debt will be passed to an appointed debt collection service for recovery. By default, clients become liable for additional debt collection charges or fees incurred by MBCL with respect to said debt recovery.
3.3 MBCL understands and will exercise its statutory rights to interest under the Late Payment Of Commercial Debts (interest) Act 1998 amended by the European Directive 2000/35/EC if payment is not made according to these terms.
3.4 All work remains copyrighted to MBCL until settlement of the relevant fee account.
3.5 All payments must be in UK Pounds Sterling. It is the client’s responsibility to cover any payment transfer or handling fees. If the payment is from a foreign currency, it is the client’s additional responsibility to ensure payment is transferred at the correct rate.
3.6 For work completed after project inception, this will be billed at the end of each calendar month as it is completed as work in progress, until completion of the project.
3.7 If MBCL incurs any costs as a result of the client’s default or neglect, MBCL may charge these to the client in addition to previously quoted prices.
3.8 The client shall pay for any work which is produced at their request, whether experimentally or otherwise. A 50% rejection fee is applicable on all design work executed by MBCL should the client cancel their contract or order.
3.9 In the event of overdue payments(s) MBCL may, without notice and prejudice to any other legal remedy, suspend work and/or delivery until due payment has been made. Furthermore, any incomplete work may also be suspended, and payment becomes immediately due and payable, notwithstanding anything expressed herein, and any monies expressed of.
3.10 MBCL may require, and will notify of requirement, of payment or deposit in advance prior to instigating work for reasons, particularly but not limited to: new clients, clients with poor payment history, or large, lengthy or complex projects. In the event of a deposit payment, the balance shall be due upon completion or delivery of the work, unless otherwise agreed in writing in advance.
3.11 If the client’s payment is returned by the bank as unpaid for any reason, a £30.00 + VAT charge will incur for each occurrence.
4 Artworking & Proofing
4.1 All proofs, whether in partial or in full may be submitted to the client for approval. Proofs will be digitally supplied with watermarks via an cloud-based proofing platform accessible via a web browser for collaborative review and feedback. Digital proofs will not be supplied by any other means.
4.2 Proofs are supplied for the intention of checking layouts and wording only. Due to variations in display hardware and settings, electronically viewed proofs cannot be used for colour matching purposes, as would printing of such proofs using a client's own printing hardware.
4.3 Artwork can be produced incorporating Pantone colour values, however subject to available processes may be converted to working CMYK (also known as Process) for printing. See Printing terms below for more information.
4.4 In the event of artwork proposing the use of stock assets that require a usage license to be purchased, assets will appear in proofs at a reduced resolution with additional watermarking. MBCL will endeavour to inform clients of their proposed inclusion, and any charge(s) associated with purchasing their license and obtaining full resolution counterpart to approve prior to purchase. Once the client has agreed the use of the proposed stock asset(s) and final artwork sign-off received, the licence will be purchased and the full resolution counterpart downloaded and imported into the artwork. The associated charge(s) will be added to the final invoice for payment.
4.5 It ultimately remains the responsibility of the client to check all proofs before the final sign off for a project. While MBCL takes the upmost care to avoid any errors in artwork, clients should carefully check to ensure all key information is correct and to requirement and must notify MBCL of any required corrections.
4.6 By providing a final sign off, the client confirms that they have checked and confirmed that all proofs are correct and to requirement. The client at this point also accepts full liability for any errors found after this point, and resulting costs including, but not limited to; charges for incorrectly printed products, artwork revisions, reprinting, associated delivery charges, and agrees to indemnify MBCL of such charges in addition to, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages in consequence of the client’s breach or non-observance of this agreement, or any claims based upon or relating to MBCL’s work for the client, or any claim brought against MBCL by a third party resulting from the provision of any service to the client and their use of them.
4.7. If providing print ready PDF artwork(s) as an agreed deliverable item of a brief, artwork(s) will be supplied with Pantones converted to CMYK, and exported under a Coated FOGRA39 (ISO 12647-2:2004) destination profile. If a different print output is required (such as in the case of points 4.3 and 5.8), it is the client's responsibility to advise, as saving to different settings or profiles to those requested by printers can affect colour reproduction.
5 Printing
5.1 MBCL will not be required to work to tolerances closer than those applicable to the materials obtained in the ordinary course of trade. No liability shall arise from the variation in standard, quality or performance of such materials.
5.2 Every endeavour shall be made to deliver to the correct quantity of prints ordered, however MBCL shall have deemed completion of contract by delivery of a quantity within 5% plus or minus the ordered quantity.
5.3 Print overages may be produced to account for spoilage beyond normal tolerances, and may be kept by the client at no additional charge.
5.4 In the event of print shortages over 5%, MBCL reserves the right to determine how to rectify the shortage by means of supplying further print, or a partial discount equivalent to the percentage short of the ordered quantity.
5.5 The colours of printed items will be affected by (but not limited to) the type of material chosen for the artwork to be printed on, as well as any applied laminations or varnishes. For this reason, while MBCL endeavours to deliver exact colour matching, this cannot be 100% guaranteed.
5.6 Endeavours will also be taken to ensure colour continuity across repeat print orders, however due to variables as advised above cannot be guaranteed across repeat orders over longer periods of time.
5.7 By default, Pantone spot colours will be converted to process CMYK by default for printing on digital or lithographic presses. If Pantone matched reproduction is required this can be sourced at an additional charge, which will be advised to the client prior to proceeding with any print production, and clients also accept that Pantone matched reproduction may warrant higher minimum order quantities.
5.8 Spot colour printing may alternatively be quoted as standard print process dependent on the type of product (e.g. printed promotional items). MBCL endeavours to notify clients of this where applicable.
5.9 MBCL will quote for printing to set available quantities set by MBCL's preferred suppliers in terms of maximising efficiency and economy. Bespoke print quantities may be quoted for subject to availability, however clients understand that bespoke quantities may warrant higher charges than the nearest set available quantities to cover additional setup time or allow for increased material waste handling.
5.10 In the event where the delivery of printed goods is arranged via direct drop shipping, MBCL exercises its trust to deliver to requirement; however, it is ultimately the client's liability to notify MBCL within 24 hours of the receipt of goods of any defects, damages or shortages (see Claims & Complaints section below).
5.11 Clients are at liberty to deal with their own print supplier(s); however, in such instance MBCL’s involvement will be limited to any problems connected with the supplied artwork. The client accepts full responsibility for placing orders, approving quality and colours, and arranging collection or delivery of goods. If using their own print supplier, the client must inform MBCL of the format(s) that their chosen print supplier requires artwork(s) supplied in.
6 Claims & Complaints
6.1 Clients must report in writing of any damage, defect, mis-production, shortage or likewise within 24 hours of receipt, along with supporting photographic or video-based evidence. Any claim in respect thereof must be submitted in writing within 7 days of receipt.
6.2 MBCL will not be liable in respect of any claim unless the aforementioned requirements have been complied to, except in any particular case where the client can prove that it was not possible to comply with the requirements and advice (where required) was given and the claim made as soon as reasonably possible.
6.3 Clients have the opportunity to request a preference of a refund, discount or reprint, however it remains the ultimate decision of MBCL as to the kind of compensation offered.
7 Delivery
7.1 Goods will be dispatched or delivered, or must be collected by the client when ready and the client shall not refuse or delay delivery.
7.2 Goods completed but not delivered shall become due and payable. After the expiration of 14 days notice, MBCL may exercise a general lien on all the client's goods and property within its hands and may dispose of such goods and property as seen fit and apply the proceeds towards such debts. MBCL may also choose to cancel further work and/or not produce and unmade balance of such contract and recover from the client any losses sustained by so doing.
7.3 The risk in the goods passes to the client upon delivery (whether to the client or a common carrier) but legal and beneficial ownership shall remain with MBCL until full payment has been received (each delivery being considered whole). Until the date of payment the client, if so required by MBCL, shall store goods in such a way that they are clearly identifiable as property of MBCL.
8 Ownership, Copyrights & Supplied Resources
8.1 All master artwork or digital assets developed for the production and delivery of final deliverable assets remain the sole property of MBCL at all times.
8.2 Clients may not reproduce any artwork or digital assets in any medium, whether in part or full, without prior written consent from MBCL.
8.3 MBCL is not at liberty to provide digital copies of printed artwork, as part of work where deliverable assets are printed goods. Clients may additionally request digital copies of print designs, where the transfer of ownership can be agreed at an additional cost to the client.
8.4 For logo design work, the standard deliverable digital files as part of an agreed design rate consist of scalable Pantone and CMYK colour-based graphics saved in PDF and EPS format for printed applications, and high-resolution RGB PNG files with transparency for digital use. Should the client require additional files supplied in additional formats or specifications, these can be requested at an additional charge.
8.5 Digital assets will be supplied electronically upon receipt of payment accessible by an emailed download link. It is the client’s responsibility to check downloaded files or download links for viruses, malware or such prior to handling files. While MBCL ensures files are supplied virus-free, MBCL accepts no liability for any damage or loss caused through the exposure to any viruses, malware or such.
8.6 If the client supplies content for the purpose of work including, but not limited to, illustrations, text images or otherwise, these will only be accepted by email or file transfer.
8.7 By supplying MBCL with any assets or media, clients grant MBCL the appropriate permissions to use this material freely in pursuit of the agreed work. Clients also confirm they too hold the relevant copyrights or permissions for reproducing such media, and agree to indemnify MBCL of such charges in addition to, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages in consequence of the client’s breach or non-observance of this agreement, or any claims based upon or relating to MBCL’s work for the client, or any claim brought against MBCL by a third party resulting from the provision of any service to the client and their use of them.
8.8 If requested by MBCL, clients must supply, in writing or by other means of evidence, proof of their copyright, ownership, or permission to reproduce supplied assets prior to the use of any assets of media where permit of use comes under question.
8.9 It is the client’s responsibility to ensure that supplied text(s) is correct - MBCL accepts no responsibility for additional costs incurred through the correction of mistakes or reprints resulting from the supply of incorrect information.
8.10 Images, text, illustrations, or other resources must be supplied at a suitable quality for use without additional processing or editing; MBCL will not be held responsible for any image quality which the client later deems unacceptable.
8.11 MBCL will not be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
8.12 Should the client supply images, text, illustrations or other resources in the belief of it being copyright or royalty free, but subsequently emerges to be restricted by copyright, trademarking or usage limitations, the client agrees to allow MBCL to replace the content in question with alternate content of a suitable nature, whilst accepting any relevant charges or costs incurred in doing so.
8.13 The client agrees to fully indemnify and hold MBCL free of any harm and liability for damages in all claims resulting from the client in not having obtained the required copyright or permissions to use supplied images, illustrations, text or other resources.
9 Rights of Refusal
9.1 MBCL will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
9.2 MBCL reserves the right to refuse the inclusion of submitted material without giving reason. In the situation where any images and/or data that MBCL does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow MBCL to exclude or replace the contravention without hinderance, or penalty. MBCL is to be held in no way responsible for any such data being included.
9.3 MBCL reserves the right to refuse the creation or supply of services or goods if its purpose or use is suspected to be of an immoral, offensive, obscene or illegal nature. In the situation where MBCL commences work in good faith and subsequently discovers is on contravention of these terms and conditions, MBCL reserves the right to terminate with immediate effect the remainder any contract with rightful cause, and charge for any supplied services or goods up until the point of termination.
10 Insolvency
10.1 If the client ceases to pay debts in the ordinary course of business, cannot pay debts as they become due, is deemed unable to pay its debts, has a winding-up petition issued against it or committing an act of bankruptcy or has a bankruptcy petition issued against it, MBCL shall without prejudice to other remedies shall have the right not to proceed further with contracted work for the client, and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client. Such charge is to be an immediate debt due to them.
10.2 In respect of all unpaid debts due from the client, these will have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such a manner and at such price as it thinks fit, and to apply the proceeds towards such debts.
11 Force Majeur
11.1 MBCL shall be under no liability if it shall be unable to carry out any provision of a contract for any reason beyond its control involving (but not limited to) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
12 Information Provided By The Client
12.1 Clients warrant that the name(s), address(es), contact details, and any payment information provided when placing an order with MBCL are correct, and agree to notify of any changes in any of these details.
12.2 Clients agree that MBCL may disclose such information where required or where enquiries are made. MBCL will otherwise not disclose your information to any unassociated parties.
12.3 Clients warrant that they possess the legal right and ability to enter into the agreement and use MBCL's services in accordance with this agreement.
13 Indemnity
13.1 Clients shall indemnify, keep indemnified and hold MBCL harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), cost and damages, howsoever suffered or incurred by MBCL in consequences of your breach or non-observance of this agreement, or arising out of claims based upon or relating to MBCL's work for you or any claim brought against MBCL by a third party resulting from the provision of any services to you or your use of them.
13.2 MBCL will promptly inform you of any claim which MBCL seeks specific indemnification at the currently supplied address, affording clients the opportunity to participate in the defence of such claim, provided that their participation will not be conducted in a manner prejudicial to MBCL's interests as reasonably determined by MBCL and/or its legal representatives.
14 Limitation of Liability
14.1 All conditions, terms, warranties or representations relating to services supplied under this agreement (imposed by statute, operation of law or otherwise not explicitly advised in these terms and conditions), including (but not limited to) the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, are always subject to sub clause 12.2.
14.2 Nothing in these terms and conditions shall exclude MBCL's liability for death or personal injury resulting from its negligence.
14.3 In all events, no claim against MBCL shall be raised unless the client has notified MBCL of the claim within one year of the issue arising.
14.4 In no event shall MBCL be liable to the client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings/profits or any indirect. special or consequential loss, damage, costs/expenses or other claims (whether caused by MBCL's negligence or that of its servants/agents/suppliers or otherwise) which arise out of or in connection with the provision of any goods or services by MBCL.
14.5 MBCL warrants that its services will be provided using reasonable care and skill. Where MBCL supplies any goods from a third party, MBCL does not give any warranty, guarantee or otherwise to their quality, fitness for purpose or such, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to MBCL.
15 General Terms
15.1 These conditions and all other express terms of contract shall be governed and constructed in accordance with the laws of England and clients hereby submit to the non-exclusive jurisdiction of the English Courts.
15.2 MBCL shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was caused due to any events or such, beyond its reasonable control.
15.3 All quotations and estimates, brief and other documentation or communication between MBCL and clients are commercially confidential and may not be disclosed to third parties without prior written consent.
15.4 These terms and conditions, along with documentation expressly referred in them, contain the entire agreement between MBCL and clients relating to the subject matter covered, and supersede any previous arrangements, agreements, proposals, undertakings or communications, written or oral, between MBCL and the client in relation to such matters. No oral explanation or information given by any party shall alter the interpretation of these terms and conditions.
15.5 By agreeing to these terms and conditions, clients confirm that they have not relied on any representation other than those expressly stated in these terms and conditions, and agree that they shall have no remedy in respect of any misrepresentation which has not been expressly made in this agreement.
15.6 Any notice given by either party to the other may be issued by email or post to the address of the other party as appearing in this agreement , ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.
15.7 Headings, numbering and summaries are included in this agreement for convenience only, and shall not affect the construction or interpretation of this agreement.
15.8 Clients acknowledge that no joint venture, partnership, employment or agency relationship exists between you and MBCL as a result of their use of these services. Clients agree not to hold themselves out as representatives, agents or employees of MBCL, and further agree that MBCL will not be liable by reason of any representation, act or omission to act by themselves.
15.9 MBCL reserves the right to revise alter, modify or amend these terms and conditions, and any other policies or agreements at any time and in any manner without prior notification. Notice of any revision, amendment or modification shall be posted in accordance with these terms and conditions.
15.10 If any of the provisions in this agreement are judged to be illegal or unenforceable, the remainder shall continue in full force, and the effect of the remainder of them will not be deemed to be prejudiced.
15.11 This agreement takes effect on the date which clients order MBCL's services. Acceptance of these terms is an absolute condition of the Client requesting the work.
15.12 Clients will not assign this agreement, any benefits or interests arising from it without MBCL's prior written permission.
Martin Barnes Creative Limited is a registered company in England & Wales no. 15498139, and VAT registered no. 461 8860 66.
These terms & conditions were last reviewed and updated 1st February 2025.
TLC Retained Services - Terms & Conditions
1 Charges
1.1 Retainers have a minimum chargeable rate of 3 hours per contracted calendar month, for a minimum term of 3 consecutive months.
1.2 Retainer charges are calculated based on the standard rate of £60.00 + VAT per hour.
1.3 MBCL reserves the right to alter the standard hourly rate at any time as business needs dictate; clients will receive written notice of any changes no less than 30 days prior to coming into effect, with changes coming into effect from the first monthly invoice issued after the 30-day notice period.
1.4 Unless otherwise stated, printed goods, third party services, content usage licence charges, delivery charges, or likewise are not included in the cost of the client’s monthly retainer charge, and will be quoted for further approval by the client.
2 Usage of Time, Estimations & Logging
2.1 Time that the client has requested as part of their retainer agreement will be available from the first working day of the month assuming payment of the monthly invoice has already been received. If payment is delayed, points 3.2 and 3.3 will apply.
2.2 All monthly time allocations expire on the last working day of the calendar month and cannot be refunded, credited, or rolled over to the following calendar month.
2.3 After receipt of payment of the monthly rate, clients are, at their own liberty, free to facilitate how and when their time allowance is used each calendar month, either by booking this in advance or requesting jobs as and when required.
2.4 Clients have the responsibility to notify MBCL of any work requirements with a suitable period of notice and of any deadline requirements to allow MBCL fair chance to accommodate and plan in the work accordingly. While MBCL endeavours to accommodate all jobs, if either is not provided MBCL cannot guarantee sufficient completion and accepts no liability for any late or failed delivery.
2.5 All jobs will be logged with a minimum time use of 30 minutes per request, and rounded up to the nearest 15 minutes.
2.6 MBCL can provide an estimation of the time required to complete or perform a job (whether in whole or part), however these shall be estimates only and time shall not be of the essence.
2.7 All jobs will processed by default during standard office hours, which are Monday to Thursday 9:00 - 17:00, Friday 9:00 - 15:00, excluding public or bank holidays.
2.8 Any jobs requiring necessary time beyond standard office hours to process or complete will deducted from the clients’ monthly time allocation at a rate of 1.5 times the actual time used.
2.9 MBCL will log the use of time, referencing information such as (but not limited to) job description, date of request, date of completion, time spent working on the job, job progress, and the person who requested the job (if applicable).
2.10 Clients have the right to access their work log at any point, and a copy of which will be supplied in electronic PDF format with the monthly invoice.
2.11 MBCL will endeavour to inform clients of the dates of any scheduled or expected holiday or leave in the calendar month prior to said holiday or leave commencing.
2.12 MBCL will, at their earliest convenience, endeavour to inform clients when they have 2 hours of their monthly time allocation remaining.
2.13 Should clients require an overage on their monthly time allowance at any time, this will be additionally charged at the standard hourly rate in 30-minute blocks, and invoiced separately on the first working day of the month.
3 Monthly Invoicing & Payment
3.1 Monthly retainer invoices are issued 7 days prior to the end of the current calendar month, and payable in full prior to the first day of the following month.
3.2 In the event of payment not being received by the first day of the following month (7 days after the monthly invoice date), MBCL reserves the right to withhold the client’s entitlement to their monthly time allocation until full payment, or a remittance advice on headed paper confirming an expected payment date, has been received.
3.3 If after 14 days from the monthly invoice date, payment or a remittance advice has still not been received, then the client shall, by default, forfeit their entitlement to a monthly time allocation for that month.
3.4. In the event of the above point occurring for two consecutive months, the client will deemed to have defaulted on the terms and conditions of the retainer, and MBCL reserves the right to terminate the retainer agreement with immediate effect, notifying the client of such action in writing.
3.5 If payment for an outstanding invoice is not received after 28 days of issue, the debt will be passed to an appointed debt collection service for recovery. By default, clients become liable for additional debt collection charges or fees incurred by MBCL with respect to said debt recovery.
4 Invoicing & Payment of Additional Goods & Services
4.1 Per point 1.4 of the retainer’s terms and conditions, unless otherwise stated, the outsourcing or supply of printed goods, third party services, content usage licence charges, delivery charges, or likewise are not included in the cost of the client’s monthly retainer charge, and will be separately invoiced on a pro rata basis.
4.2 The supply of printed goods from MBCL shall be invoiced pro rata, and payable in full prior to goods going to print, unless agreed otherwise by MBCL.
4.3 In the event of sourcing and contracting third party services, quotations for such services can be sourced by MBCL, however on accepting a third party quotation, clients thereby agree to be invoiced directly by such third parties, and abide by their payment terms.
4.4 In the event of purchasing licenses for the usage of licensed content, such as (but not limited to) stock photography, stock graphics, and fonts, to complete any contracted work, the charge(s) for their inclusion shall be advised to the client to approve prior to their use. On approval, the charge(s) will be added to the next available invoice, regardless of being pro rata or monthly.
5 Print Credit
5.1 Print credit will only be applied to retainers on a monthly basis where the monthly time allocation exceeds a) 10 hours for a £50.00 monthly credit, b) 15 hours for a £75.00 monthly print credit, of c) 20 hours for a £100.00 monthly credit.
5.2 Print credit may only be redeemed against the cost of printed goods sourced and supplied by MBCL, excluding promotional merchandise and advent calendars.
5.3 Print credit may not be redeemed on printed goods under another existing offer at the time of ordering.
5.4 Print credit many not be redeemed against the cost printed goods where the client has paid, or will pay, the supplier directly, whether contracted themselves or by MBCL.
5.5 Print credit is issued monthly on a monthly basis and expires at the close of business on the last working day of the calendar month. Unclaimed credit at this point is forfeited by the client, and cannot be accrued.
5.6 Print credit will be replenished on the first working day of the calendar month, assuming payment for that month’s retainer invoice has been paid for in full.
5.7 In the event of delayed payment of the month’s retainer invoice, issue of print credit will be withheld until payment has been made in full.
5.8 Print credit may only be redeemed on printed goods intended for the client to whom is in receipt of the retainer agreement for business related requirement only; credit may not be transferred to another party, or claimed for personal use.
5.8. MBCL ultimately reserves the right to withdraw a client’s claim to print credit on a temporary or permanent basis if the client is found to be in breach of any of the above terms.
6 Agreement Adjustment and Cancellation
6.1 Clients have the right to cancel the retainer agreement after the minimum 3-month term, doing so in writing issuing a minimum 28 days’ notice.
6.2. On receipt of a written notice of cancellation, the retainer agreement shall be terminated at the end of the next full calendar month after the date of receipt of such notice; the earliest end date compliant with this ruling shall be confirmed in writing by MBCL.
6.2 After serving notice of cancellation, clients shall continue to abide by these terms and conditions until the retainer agreement reaches its end date.
6.3. Clients will also be required to pay for in full, all outstanding or raised invoices, whether monthly or pro rata, prior to the confirmed end date.
6.3 MBCL also reserves the additional right to serve written notice to terminate a retainer agreement without notice if the client is found and proven to be in breach of these terms and conditions.
6.4 In the event of the above point occurring, the client shall by default forfeit all monies already paid to MBCL, and MBCL shall not be at liberty to issue refunds or credits, whether in part or in full. MBCL shall continue to deliver printed goods that have already been paid for, unless stipulated otherwise by these terms and conditions.
6.5. Any invoices that remain unpaid at the time of point 6.3 of the retainer’s terms and conditions occurring shall, subject to their deliverable requirments, either be voided by MBCL or immediately forwarded to a debt collection service for recovery. By default, clients become liable for additional debt collection charges or fees incurred by MBCL with respect to said debt recovery.
6.6 Clients have the right to amend the retainer agreement - by means of the number of hours they contract MBCL's services for - after the minimum 3-month term, doing so in writing issuing a minimum 28 days' notice.
6.7 On receipt of such above written notice the retainer shall be amended in accordance with the request, commencing from the start of the first calendar month after the 28 days' notice; the earliest date compliant with this ruling shall be confirmed in writing by MBCL.
These terms & conditions were last reviewed and updated 1st February 2025.
"20 or 25" Referral Scheme - Terms & Conditons
The following terms and conditions refer to Martin Barnes Creative Limited ("MBCL") and its relationship with participants (“referrer”/"referrers") with respect to the “20 or 25” referral scheme ("promotion"), and are as such applicable in addition to MBCL's standard terms and conditions as above.
1 Promotion General Terms & Conditions
1.1 Promotion is active from 02/01/2025 to 31/8/2025.
1.2 Referrers can only claim one reward from either a £20.00 gift voucher, or a 25% discount off their next order, per new customer referral supplied.
1.3 For the referrers to qualify for a reward, the referred must: a) be new to and have done no prior business with MBCL under any current or previous trading name(s); b) mention the referrer's name on enquiry, and; c) place and pay for an order with a minimum value of £120.00 (ex VAT).
1.4 Reward will be issued to the referrer on completion of work and receipt of full payment from the referred.
1.5 In the event where fraudulent activity is suspected, MBCL reserves the right to withdraw any referrer(s) involved and suspend them from participating further, or deny their claim to any reward(s) already owed, or suspend the scheme entirely.
1.6 MBCL reserves the right to alter the terms of the promotion, or withdraw it entirely, at any point within the duration of the promotion.
2 Gift Card Terms & Conditions
2.1 Gift card reward will be issued by email as one £20.00 "All-in-1 Choice Gift Card", redeemable by the referrer for a gift card of their choice on giftcard.co.uk.
2.2 It is solely the referrer's responsibilities to; a) provide a correct and up-to-date email address to which the voucher can be sent to, and; b) redeem the gift card within advised timescales.
2.3 MBCL accepts no responsibility for gift cards lost as a result of referrers not abiding by the above, and replacement gift cards will not be issued.
2.4 No cash alternative(s) will be offered instead of the gift card.
3 Discount Terms & Conditions
3.1 Referrers will be notified in writing to when their 25% discount offer becomes available.
3.2 Discount will be valid for six months from the date of issue, and must be used on the referrer's next eligible order placed with MBCL.
3.1 Only one discount may be redeemed per order, and discount cannot be used in conjunction with any other offer(s).
3.4 Discount cannot be used against; a) work that has already been commissioned or paid in advance prior to the commencing date of the referral scheme (02/01/2025); b) work that has already been commissioned and/or paid prior to the date of the discount being issued; c) retainer-based services d) promotional products and advent calendar orders, and; e) costs of third party resources (including, but not limited to stock images, fonts, vehicle templates, and other media licenses) or services purchased or contracted in order to develop and complete work.
3.4 Discount is non-transferrable and may only be used by the referrer for commercial purposes only.
3.5 Referrers may only hold one 25% discount offer at any one time; in the event of completing additional, successful referrals while holding an active 25% discount, the referrer will receive a £20.00 gift card by default for each referral.
3.6 No cash alternative(s) or credits will be offered instead of the discount.
These terms & conditions were created 2nd January 2025.