The Like Minded’s Standard Terms & Conditions
1. Definitions
1.1 In this Agreement, the capitalised words above shall have the meanings assigned to them, and the following capitalised terms shall have the following meanings:
1.1.1 “Client Content” means all materials, information, photography, writings, and other creative content provided by The Client for use in the preparation of and/or incorporation in the Deliverables.
1.1.2 “Deliverables” means the services and work product specified in the Proposal Document to be delivered by The Like Minded to The Client, in the form and media specified in the Proposal Document.
1.1.3 “Final Work” means all creative content developed or created by The Like Minded, or commissioned by The Like Minded, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including, by way of example not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and The Like Minded’s selection, arrangement and coordination of such elements together with the Client Content and/or Third Party Materials.
1.1.4 “Final Deliverables” means the final versions of Deliverables provided by The Like Minded and accepted by The Client.
1.1.5 “Intellectual Property Rights” means copyright, patents, utility models, trademarks, service marks, design rights (registered or unregistered), database rights, and proprietary information rights in all materials, designs, programs, reports, manuals, visual aids, advice and any other material.
1.1.6 “Preliminary Works” means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by The Like Minded and which may or may not be shown and/or delivered to The Client for consideration but do not form part of the Final Work.
1.1.7 “Project” means the scope and purpose of The Client’s identified usage of the work product as described in the Proposal Document.
1.1.8 “Services” means all services and the work product to be provided to The Client by The Like Minded as described and otherwise further defined in the Proposal Document.
1.1.9 “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
1.1.10 “Trade Marks” means trade names, words, symbols, designs, logos or other devices used in the Final Deliverables to designate the origin or source of the goods or services of The Client.
2. Invoices and Terms of Payment
2.1 Where a cost is negotiated and agreed prior to the commencement of a project, this will be the fee charged to The Client.
2.1.1 For projects valued over £8,000: 50% of the agreed fee is payable at the commencement of the engagement, and the balance is due upon completion unless otherwise agreed in writing.
2.1.2 For projects valued under £8,000: 100% of the fee is payable upon completion unless otherwise agreed in writing.
2.2 Payments may be made by cheque, telegraphic transfer, or BACS. Standard payment terms are 30 days.
2.3 The Client is responsible for all charges. If The Client is acting on behalf of a third party, this does not alter The Like Minded’s terms with The Client.
2.4 Additional fees may apply for work beyond the quoted estimate. These must be agreed in writing by an authorised representative of The Client.
2.5 If an engagement is cancelled or postponed, The Client is liable for all costs incurred to date, based on time and materials.
3. Expenses
3.1 Unless agreed otherwise, expenses are not payable by The Client.
4. Instructions
4.1 Instructions must be given by an authorised representative of The Client via email. In exceptional circumstances, verbal instructions may be accepted if confirmed in writing within 48 hours.
5. Client Identity
5.1 To comply with Money Laundering Regulations, The Like Minded may request proof of identity, financial details, and source of funding. Failure to provide this may prevent services.
6. Confidentiality and Publicity
6.1 The Like Minded will keep Client information confidential unless required by law or authorised in writing by The Client.
6.2 The Client must inform The Like Minded if public disclosure (e.g., in promotional material) is unacceptable.
6.3 Compliance with applicable Data Protection laws is assured.
7. Rights: Client Content, Third Party Materials, Preliminary Works
7.1 Client Content remains the property of The Client. A non-exclusive license is granted to The Like Minded to use such content for the Services.
7.2 Third Party Materials remain the property of their respective owners. The Client is responsible for obtaining necessary licences unless otherwise agreed.
7.3 Upon full payment, The Like Minded assigns to The Client all ownership rights in any works created as Trade Marks.
7.4 The Client is granted a non-exclusive, worldwide, royalty-free licence to use Preliminary Works and Deliverables.
8. Rights: Final Work
8.1 Upon completion and full payment, ownership of Final Work and Intellectual Property Rights transfer to The Client.
9. Warranties
9.1 The Client warrants that they own or have permission to use all provided content and will comply with all laws and third-party licences.
9.2 The Like Minded warrants that all work (excluding Client Content and Third Party Materials) is original and does not infringe third-party rights.
9.3 No other warranties are expressed or implied beyond those listed in this Agreement.
10. Liability
10.1 Liability is not limited for death, personal injury, fraud, breach of title, or data protection laws.
10.2 The Like Minded’s liability for loss or damage is limited to the amount of fees paid for the relevant engagement and excludes losses due to false or incomplete information provided by others.
11. Financial Services and Markets Act
11.1 The Like Minded is not authorised by the Financial Services Authority and does not offer regulated financial services.
12. Termination
12.1 The Client may terminate with at least 7 days’ written notice. Fees accrued become due immediately.
12.2 The Like Minded may terminate if unable to provide services due to exceptional circumstances.
12.3 Upon termination, all Client Content will be returned.
13. The Like Minded Ltd
Registered in England and Wales under Company No. 8311209
Address: 1st Floor, Portland Place, Portland Gardens, Marlow, Buckinghamshire, SL7 2LR
13.1 All legal notices must be sent to the registered address.
14. Trading Address
14.1 1st Floor, Portland Gardens, Portland Place, Marlow, Buckinghamshire, SL7 2LR, United Kingdom.
15. General
15.1 If any clause is deemed invalid or unenforceable, it will be replaced with the closest valid equivalent.
15.2 These terms, together with the Proposal Document, form the entire agreement between the parties.
15.3 Failure to enforce any term does not constitute a waiver.
15.4 All rights and remedies are cumulative.
15.5 This Agreement is governed by the laws of England and Wales, and disputes will be subject to the jurisdiction of English courts.