Terms & Conditions

For all branding, graphics:

We will agree a timescale and rough plan for beginning the project  – These dates are a framework for both Bear Left Studio and the client to work towards.

The payment will be split into monthly equal payments as agreed between Bear Left Studio and the client. The first one to be invoiced at the agreed start of the project. The latter payments to be paid at monthly intervals.

If you need to delay the agreed start date, or completion date of the project – a month or more over what was originally agreed – then an additional fee may be invoiced, at our discretion.

For all branding and graphics work:

You will be provided with documents which will help you explore your design needs and wants. The expectation is for you to complete documents provided to the best of your ability, in conjunction with a  design conversation with Bear Left Studio. This will help form the basis of your design needs, and will help us to prepare a clear brief and direction forward.

It is not reasonable to expect Bear Left Studio to create something without clear direction and input from you, the client. (i.e. “Make me something with ‘pizzazz'”). Instructions must be clear and not easily open to misinterpretation. Your Instruction should contain a clear description of your requirements, any brief you wish us to consider and any deliverables you wish us to produce.

The client must agree to work in conjunction with Bear Left Studio, responding promptly to questions relating to the design, style, progression and development of the design work, and providing honest feedback. The client is to provide us with such information and materials as we may reasonably require in order to perform the Services and ensure that such information is accurate in all material respects. 

The client is to comply with any additional obligations or instructions that we may reasonably request from time to time in order to enable us to perform the Services in accordance with your Instruction and the Creative Brief.

The client is to obtain and maintain all necessary licences, permissions and consents which may be required before the date on which we are due to commence performance of the Services.

Deviation from the original, agreed design brief will involve Bear Left Studio needing to potentially alter deadline expectations. It is at Bear Left Studio’s discretion if additional charges need to be factored in due to client indecision, or changing their brief mid-project.

If performance of the Services is prevented or delayed by any act or omission by the Client or failure by you to perform any relevant obligation, we shall, without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the situation. We shall not be liable for any costs or losses sustained or incurred by you that arise directly or indirectly from such actions.

Logo realisation packages allow for 3 rounds of computer developments. 
It is at Bear Left Studio’s discretion as to whether to charge an extra fee if the client requires further developments over which is expected or reasonable.

Bear Left Studio shall supply the Services to you in accordance with the Creative Brief and these Terms in all material respects.

Upon commencement of the Contract Bear Left Studio shall prepare the Creative Brief during the Discovery Process – using your completed document and our verbal communication.

If a Creative Brief has been prepared as referred above, we shall send the Creative Brief to you, for final approval via email which will indicate your acceptance of the Creative Brief prepared by us.

Where the nature of the Services are such that we consider it is appropriate to provide you with an estimate of any phases, performance milestones or completion dates for the Services, please note such dates shall be estimates only and time shall not be of the essence for performance of the Services or the completion of Deliverables. Time estimates depend on a number of factors that may change during the course of performing the Services, but we shall do our best to communicate any changes to you as soon as possible where you have notified us in your Instruction of key milestones dates that are important to your business.

Bear Left Studio shall have the right to make any changes to the Services which are necessary to comply with any Applicable Laws or safety requirements or which do not materially affect the nature or quality of the Deliverables, but we shall always notify you before implementing any such changes to the Services in any such event. If such changes result in any change to our Proposal this will be added to our Proposal and a revised Proposal sent to you for approval prior to continuing the Services. Certain changes may require the payment of additional Charges for which the Client is responsible and will be included in our revised Proposal.

If you do not agree any revised Proposal sent as a result of changes referred to above, or as a result of changes you require to the Creative Brief you may issue written notice to terminate our Services but please note Bear Left Studio is entitled to recoup in full all Charges incurred in respect of Work in Progress carried out up to the date of termination which will be charged on a time and materials basis.

Bear Left Studio undertakes to the Client that our Services will be provided using reasonable care and skill.

We do not include copy writing. If applicable to your design project, it will be your responsibility to provide the copy, and have it proof-read. It is your responsibility to ensure that any written copy is suitable, copyright free, referenced where necessary.
If you need assistance with copy and proof-reading, please discuss with us, as we regularly work alongside an excellent and experienced copywriter.

It is the client’s responsibility to ensure that all the images are suitable, copyright free or attributed as required. The client is to provide high resolution images, logos and photographs.

If you would like photographs taken Bear Left Studio offers a photography package.

We can also recommend a trusted company providing professional portraiture and photography. Please ask us.

If no images are provided we will use free stock images such as images from Adobe stock.
The client is to understand and agree that all images on their website are the client’s responsibility, not that of Bear Left Studio.

Before using the Deliverables in any way, it is always the Client’s responsibility to ensure that content contained in them, does not infringe the Intellectual Property Rights or Trademarks of any third party. Bear Left Studio does not conduct such investigations and by entering into a Contract with us you agree that you are solely responsible for the conduct of any necessary investigations and obtaining a licence to use third party Intellectual Property where required, including for all related costs. Neither Bear Left Studio, nor anyone acting on our behalf shall be liable for any dispute arising from or in connection with the use or infringement of any Intellectual Property Rights of any third party, in any jurisdiction.

Without prejudice, the Client acknowledges that Bear Left Studio cannot and does not advise, nor will Bear Left Studio be responsible, for any legal matters arising out of or in connection with your Instruction, any Work in Progress or Deliverables or the protection of copyright or other Intellectual Property Rights. Clients must seek their own legal advice on protecting their Intellectual Property Rights, including copyright in any branding, design, logos or other images or content that may arise as a result of the performance of the Services.

Upon payment in full by the Client, ownership and any Work in Progress or Deliverables shall transfer to the Client. Until Bear Left Studio has been paid in full for the Services, any Work In Progress or Deliverables or any element of the Services shall be owned by Bear Left Studio.

You acknowledge that, you may not always own the copyright or other Intellectual Property Rights where such rights are owned by third parties and licensed for use to Bear Left Studio or generally. For instance, the Client does not own the copyright in ‘stock’ photographs’ or film footage, negatives or fonts, and your use of any third party Intellectual Property Rights is conditional upon Bear Left Studio obtaining a written licence from the relevant licensor to entitle us to license such rights to you or incorporate into any Work In Progress or Deliverables we produce for you. If we need to obtain those third party licenses to fulfil the Creative Brief, you shall be solely responsible for the payment of any licensing fees that any licensor charges to the Agency for use of such content. Where the Client requires us to use specific fonts that have been used in your previous branding or other proprietary material or that of any third party, you need to ensure you obtain the licence to use such fonts and you are soley responsible for payment of any related licensing fees which, in order for us to commence the Services, we advise Clients to obtain in advance of the Instruction.

All Proprietary Materials, remain at all times our exclusive property and nothing in the performance of the Services shall operate to transfer or assign ownership in such Proprietary Materials to the Client at any time.

You are entitled to get 100% refund of your deposit you made (if any) in the event of:

• We didn’t start your project at all or we’re unable to start soon.
• You want to cancel the project within 24 hours of making payment.
• We are unable to complete the project as per the project’s specifications.

No refund will be given if:

• The project delays are caused by lack of communication from your end.
• You have already approved the design mockup.

Graphic design and development projects require extensive resources, consumes time and incurs internal expenses. Therefore, unless one of the above statements is true, once a payment or deposit is made, it is non-refundable.  All projects that are completed as defined as the scope of the work are non-refundable. 

You consent that Bear Left Studio may display and exhibit the Deliverables, which may or may not include reference to the Client or your business, products or services, to our prospective clients in any Marketing Materials and on our Website or social media for the purpose of the promotion of our Services.

If you do not wish us to publish Client details as set out above, you should notify us in writing in advance by setting it out clearly in the Instruction. Bear Left Studio shall not be liable for publication in the event that we have not been notified of the Client’s objection to publication.