Terms & Conditions of work
Sugar Creative Studio Limited trading as Sugar Creative Studio issues this document.
The company shall be known throughout this document as Sugar Creative Studio.
Use of Sugar Creative Studios services constitutes acceptance and agreement to our TOS (Terms of Service).
All service provisions are subject to the TOS (Terms of Service) of Sugar Creative Studio.
1. Format of the Contract
1.1 These terms of sale apply to all works supplied by Sugar Creative Studio Limited, whose registered office is at S4C Media Centre, Cardiff Business Park, Llanishen, Cardiff, CF14 5DU, United Kingdom, registered in England and Wales No. 68400456 (the “Supplier”). In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and “we” refer to the seller, Sugar Creative Studio Limited and any other associated company. “Days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated.
1.2 Sugar Creative Studio Limited is pleased to accept orders subject to the Terms and Conditions of sale as stated below. No variation of these Conditions shall be binding unless agreed by letter signed by an Authorised Representative of Sugar Creative Studio Limited. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.3 No contract exists between you and the Supplier for the commission of any works until the Supplier has received your approval and the Supplier, if necessary, has received an agreed payment (in cleared funds). Once the Supplier does so, there is a binding legal contract between the two parties.
1.4 The contract is subject to your right of cancellation (see section 4).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the works
2.1 The description and price of the works you order will be as shown on the Supplier’s quotation in UK Sterling and excludes or includes VAT (currently at 20%) where appropriate.
2.2 Prices do not include charges for additional courier services or mileage incurred. This will be subject to approval by you, the client.
2.3 Every effort is made to ensure that prices shown on the Supplier’s quotation are accurate at the time of commission. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If you cancel and no work has been undertaken, the Supplier will refund or re-credit you for any sum that has been paid by you.
2.4 We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
3. Payment & Security
3.1 Payment for the works can be made by any method shown on the Supplier’s Invoice. Payment shall usually be due 30 days from the issue of the invoice, unless otherwise stated.
3.2 Non payment after 21 days of the invoice date will result in efforts to recover outstanding monies. A weekly 2% (+VAT) charge will be automatically being applied to your (The Clients) invoice from 21 days overdue. Non payment after 90 days may result in legal action to recover monies and in certain circumstances will result in services being withdrawn.
3.3 On occasion the supplier may ask for a part payment in advance, where a history of credit had not been previously established, terms of which will be on the Supplier’s Quotation.
3.4 There will ordinarily be no delivery until cleared funds are received, unless alternative terms have been agreed.
3.5 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.6 When required Sugar Creative Studio can draw up a ‘non-disclosure agreement’, between the two parties (you and us), and will act as a binding document to prevent your ideas/company being leaked to interested parties. We treat this very seriously.
3.7 Likewise, any work undertaken by Sugar Creative Studio for you (that remains unpaid) will remain our property and must not be given or transferred to outside parties for use.
4. Cancellation and Work in Progress
4.1 You have the right to cancel the contract at any time.
4.2 To exercise your right of cancellation, you must immediately send an email to info@sugarcs.com stating your quotation number and that you wish to cancel your order.
4.3 If you exercise your right of cancellation after any works have been completed (this includes printed materials, media such as DVDs/CDs, USB drives etc), you will be responsible for returning the works to the Supplier at your own cost. You must take reasonable care to ensure the works are not damaged in the meantime or in transit.
4.5 If you do not return the works as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the works.
5. Limitation of Liability
5.1 Sugar Creative Studio Limited total liability in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the works.
5.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
5.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
5.4 Sugar Creative Studio Limited’s liability for direct loss or damage arising from damage to tangible property for which Sugar Creative Studio Limited is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
5.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
5.6 Sugar Creative Studio Limited will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation: Internet outages, communications outages, fire, flood, war or act of God.
6. Applicable Law
6.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
6.2 Interpretation and Jurisdiction these terms and conditions only cover Sugar Creative Studio Limited.
6.3 We are required by law to inform you that sales can only be concluded in English.
7. Copyright
7.1 All content in whatever format generated by the Supplier is copyright of Sugar Creative Studio Limited until payment has cleared and legal action may be taken if any person(s) or business is found using the content without permission in advance.
7.2 All copyright for items (including logos, websites, printed materials) will be transferred to you once payment has cleared.
7.3 Sugar Creative Studio Limited reserves the right to use items created by the Supplier as promotional material on their website, printed materials and other media. Time sensitive projects and projects subject to a non-disclosure agreement will be honoured when being used for promotion.
7.4 All artwork generated by Sugar Creative Studio remains the copyright of the Supplier and is not eligible for release to any other party. The Client may request a copy of final artwork for archive use, which may be supplied in Portable Document Format (PDF) only.
7.5 All resulting IP is held with Sugar Creative Studio Ltd. in perpetuity unless otherwise agreed by both parties by way of signed legal agreement drawn up by The Client prior to commencement of the project and any work being created/developed.
8. Errors & Omissions
8.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our services.
8.2 We accept no liability for any error or omissions in documents that do not directly relate to the Supplier and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such documents.
8.3 We will promptly correct any errors brought to our attention.
9. Statutory Rights
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time and you will be notified of changes in advance of future sales.
10. Hosting with Sugar Creative Studio
Sugar Creative Studio will not be responsible for any damages your business may suffer whilst using its hosting service. Sugar Creative Studio makes no warranties of any kind, expressed or implied for services we provide. Sugar Creative Studio disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Sugar Creative Studio and its employees. Sugar Creative Studio makes no "uptime" guarantees. The Client agrees that Sugar Creative Studio shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Sugar Creative Studio's liability for its own negligence is zero, and Sugar Creative Studio may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Sugar Creative Studio be liable for any special or consequential damages, loss of revenue or injury.Sugar Creative Studio can accept no responsibility for any loss of data or consequences arising from this. Sugar Creative Studio always advises clients to back up their site data regularly for their own protection. Sugar Creative Studio does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.Sugar Creative Studio reserves the right to charge an appropriate "Handling Fee" for the provision of additional hosting services where required. This "handling fee" cost (minimum of £65/month) reflects the time required by Sugar Creative Studio to communicate and maintain the service on the clients behalf. 10.1 Hosting agreements will automatically renew on the date shown on the related invoice or SOW. To cancel any of the ongoing services after this date, please provide notice to your account manager and the service will terminate at the end of the paid period. No refunds are provided for cancelled hosting agreements prior to the end date of their agreement. Part payment for hosting, or pro-rata rates, are only available on prior agreement and all agreements made at the discretion of the management.
11. Stock Photography
When instructed to do so, Sugar Creative Studio can research, source and purchase relevant stock photography. This is charged to the client at £50 per image to cover time and expenses.
Sugar Creative Studio Limited trading as Sugar Creative Studio issues this document.
The company shall be known throughout this document as Sugar Creative Studio.
Use of Sugar Creative Studios services constitutes acceptance and agreement to our TOS (Terms of Service).
All service provisions are subject to the TOS (Terms of Service) of Sugar Creative Studio.
1. Format of the Contract
1.1 These terms of sale apply to all works supplied by Sugar Creative Studio Limited, whose registered office is at S4C Media Centre, Cardiff Business Park, Llanishen, Cardiff, CF14 5DU, United Kingdom, registered in England and Wales No. 68400456 (the “Supplier”). In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and “we” refer to the seller, Sugar Creative Studio Limited and any other associated company. “Days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated.
1.2 Sugar Creative Studio Limited is pleased to accept orders subject to the Terms and Conditions of sale as stated below. No variation of these Conditions shall be binding unless agreed by letter signed by an Authorised Representative of Sugar Creative Studio Limited. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.3 No contract exists between you and the Supplier for the commission of any works until the Supplier has received your approval and the Supplier, if necessary, has received an agreed payment (in cleared funds). Once the Supplier does so, there is a binding legal contract between the two parties.
1.4 The contract is subject to your right of cancellation (see section 4).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the works
2.1 The description and price of the works you order will be as shown on the Supplier’s quotation in UK Sterling and excludes or includes VAT (currently at 20%) where appropriate.
2.2 Prices do not include charges for additional courier services or mileage incurred. This will be subject to approval by you, the client.
2.3 Every effort is made to ensure that prices shown on the Supplier’s quotation are accurate at the time of commission. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If you cancel and no work has been undertaken, the Supplier will refund or re-credit you for any sum that has been paid by you.
2.4 We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
3. Payment & Security
3.1 Payment for the works can be made by any method shown on the Supplier’s Invoice. Payment shall usually be due 30 days from the issue of the invoice, unless otherwise stated.
3.2 Non payment after 21 days of the invoice date will result in efforts to recover outstanding monies. A weekly 2% (+VAT) charge will be automatically being applied to your (The Clients) invoice from 21 days overdue. Non payment after 90 days may result in legal action to recover monies and in certain circumstances will result in services being withdrawn.
3.3 On occasion the supplier may ask for a part payment in advance, where a history of credit had not been previously established, terms of which will be on the Supplier’s Quotation.
3.4 There will ordinarily be no delivery until cleared funds are received, unless alternative terms have been agreed.
3.5 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.6 When required Sugar Creative Studio can draw up a ‘non-disclosure agreement’, between the two parties (you and us), and will act as a binding document to prevent your ideas/company being leaked to interested parties. We treat this very seriously.
3.7 Likewise, any work undertaken by Sugar Creative Studio for you (that remains unpaid) will remain our property and must not be given or transferred to outside parties for use.
4. Cancellation and Work in Progress
4.1 You have the right to cancel the contract at any time.
4.2 To exercise your right of cancellation, you must immediately send an email to info@sugarcs.com stating your quotation number and that you wish to cancel your order.
4.3 If you exercise your right of cancellation after any works have been completed (this includes printed materials, media such as DVDs/CDs, USB drives etc), you will be responsible for returning the works to the Supplier at your own cost. You must take reasonable care to ensure the works are not damaged in the meantime or in transit.
4.5 If you do not return the works as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the works.
5. Limitation of Liability
5.1 Sugar Creative Studio Limited total liability in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the works.
5.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
5.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
5.4 Sugar Creative Studio Limited’s liability for direct loss or damage arising from damage to tangible property for which Sugar Creative Studio Limited is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
5.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
5.6 Sugar Creative Studio Limited will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation: Internet outages, communications outages, fire, flood, war or act of God.
6. Applicable Law
6.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
6.2 Interpretation and Jurisdiction these terms and conditions only cover Sugar Creative Studio Limited.
6.3 We are required by law to inform you that sales can only be concluded in English.
7. Copyright
7.1 All content in whatever format generated by the Supplier is copyright of Sugar Creative Studio Limited until payment has cleared and legal action may be taken if any person(s) or business is found using the content without permission in advance.
7.2 All copyright for items (including logos, websites, printed materials) will be transferred to you once payment has cleared.
7.3 Sugar Creative Studio Limited reserves the right to use items created by the Supplier as promotional material on their website, printed materials and other media. Time sensitive projects and projects subject to a non-disclosure agreement will be honoured when being used for promotion.
7.4 All artwork generated by Sugar Creative Studio remains the copyright of the Supplier and is not eligible for release to any other party. The Client may request a copy of final artwork for archive use, which may be supplied in Portable Document Format (PDF) only.
7.5 All resulting IP is held with Sugar Creative Studio Ltd. in perpetuity unless otherwise agreed by both parties by way of signed legal agreement drawn up by The Client prior to commencement of the project and any work being created/developed.
8. Errors & Omissions
8.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our services.
8.2 We accept no liability for any error or omissions in documents that do not directly relate to the Supplier and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such documents.
8.3 We will promptly correct any errors brought to our attention.
9. Statutory Rights
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time and you will be notified of changes in advance of future sales.
10. Hosting with Sugar Creative Studio
Sugar Creative Studio will not be responsible for any damages your business may suffer whilst using its hosting service. Sugar Creative Studio makes no warranties of any kind, expressed or implied for services we provide. Sugar Creative Studio disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Sugar Creative Studio and its employees. Sugar Creative Studio makes no "uptime" guarantees. The Client agrees that Sugar Creative Studio shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Sugar Creative Studio's liability for its own negligence is zero, and Sugar Creative Studio may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Sugar Creative Studio be liable for any special or consequential damages, loss of revenue or injury.Sugar Creative Studio can accept no responsibility for any loss of data or consequences arising from this. Sugar Creative Studio always advises clients to back up their site data regularly for their own protection. Sugar Creative Studio does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.Sugar Creative Studio reserves the right to charge an appropriate "Handling Fee" for the provision of additional hosting services where required. This "handling fee" cost (minimum of £65/month) reflects the time required by Sugar Creative Studio to communicate and maintain the service on the clients behalf. 10.1 Hosting agreements will automatically renew on the date shown on the related invoice or SOW. To cancel any of the ongoing services after this date, please provide notice to your account manager and the service will terminate at the end of the paid period. No refunds are provided for cancelled hosting agreements prior to the end date of their agreement. Part payment for hosting, or pro-rata rates, are only available on prior agreement and all agreements made at the discretion of the management.
11. Stock Photography
When instructed to do so, Sugar Creative Studio can research, source and purchase relevant stock photography. This is charged to the client at £50 per image to cover time and expenses.