Tender Loving Creativity - Terms & Conditions
The following terms and conditions refer to Martin Barnes Creative ("MBC") and its relationship with clients and potential clients ("Clients") with respect to an agreed or to be agreed Tender Loving Creativity contract ("TLC"), and are as such applicable in addition to MBC's standard terms and conditions, viewable here.
1.1 TLCs have a minimum chargeable rate of 2 hours per contracted calendar month.
1.2 TLC charges are calculated based on the standard rate of £50.00 per hour.
1.3 Discounts are applicable to hourly rates only, and are calculated at 10% on agreed TLCs with a base rate of 5-14 hours per calendar month, and 20% on agreed TLCs with a base rate of 15 hours or more per calendar month.
1.4 No other offers relating to discounted hourly rates, art working services or likewise cannot be used in conjunction with the above advised TLC discounts.
1.5 MBC reserves the right to alter the standard hourly rate at any time as business needs dictate; clients will receive written notice of any change no less than 30 days prior to coming into effect..
1.6 Unless otherwise stated, outsourcing or supply of print, photography, stock images, fonts, licenses, web development, delivery charges or likewise are not included in TLCs standard rates and will be quoted for approval by the client.
2 Usage of Time, Estimations & Logging
2.1 Clients are, at their own liberty, free to request how and when their time allowance is used each calendar month, either by booking in advance or requesting it as and when required.
2.2 Clients have the responsibility to notify MBC of any work requirements with a suitable period of notice and of any deadline requirements to allow MBC fair chance to accommodate and plan in the work accordingly. While MBC endeavours to accommodate all work requests, if either is not provided MBC cannot guarantee sufficient completion and accepts no liability for any late or failed delivery.
2.3 All requests will be logged with a minimum time use of 30 minutes per request, and timed to the nearest 15 minutes.
2.4 All requests will be provided a time estimate for completion or performance of services (whether in whole or part), these shall be estimates only and time shall not be of the essence.
2.5 All requests will processed by default during standard office hours, which are Monday to Friday, 9:00 - 17:00, excluding public or bank holidays.
2.6 Any requests requiring time outside of standard office hours to process or complete will deducted from the monthly time allowance at a rate of 1.5 times the actual time used.
2.7 MBC will endeavour to inform clients by email when they reach the final two hours of their monthly time allowance, providing the client the opportunity to request additional time if required that calendar month.
2.8 MBC 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.
2.9 Clients will be informed one week prior to the end of each calendar month of their remaining time allowance if applicable, and the client will be offered the choice of rolling any unused time over to the following contracted calendar month, or accepting a reduced invoice with said unused time discounted.
2.10 Clients have the right to request a copy of their work log at any point, which will be supplied in electronic PDF format.
2.11 Unused time may be rolled over the the next calendar month only; in the event where unused time is rolled over and the second consecutive calendar month also finishes with unused time, all unused time will be discounted from the second calendar month's invoice by default.
2.12 In the event where a decision regarding unused time is not declared by the client before the point of invoicing, unused time will be discounted from the invoice for that contracted calendar month by default.
3 Invoicing & Payment
3.1 TLCs are strictly invoiced on the last working day of each calendar month.
3.2 TLC invoices are payable in full within 7 days of issue, unless otherwise agreed in writing in advance.
3.3 In the event of overdue payments, MBC reserves the right to suspend support without notice and prejudice to any other legal remedy until outstanding payment(s) has been made. Furthermore any work started but incomplete may also be suspended.
3.4 If payment for an outstanding invoice is not received after 30 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 MBC with respect to said debt recovery.
4 Review Meetings & End of TLC
4.1 A complementary review meeting of up to 1 hour in length can be requested by the client or MBC once per 3 calendar months, and will act the client's only opportunity to query any charges or discrepancies deemed valid to question.
4.2 If additional meetings are requested during the contract period, the duration of the meeting will be deducted from the client's time allowance, or chargeable on the next invoice should the client have insufficient time remaining on their allowance.
4.3 Should the client or MBC wish to exit a TLC contract early, any intention to do so must be supplied in writing, giving 30 days notice.
These terms & conditions were last updated September 2021