Terms of Service
Our Terms of Service procedure isn't long-winded and mind-blowing. We've tried to keep it simple and digestible.
General Terms Of Service
The following terms outline the working practices operated by Sketch Creative (the agency) and the standards of service offered to clients.
This agreement sets out clearly what you have a right to expect from Sketch Creative as your Digital Communications Agency. Equally, it explains the limits of our liability and responsibility.
This agreement forms part of our commitment to transparency and openness that we believe is vital to any business relationship. By clarifying entitlements and responsibilities up front it also helps to streamline projects and ensure their timely delivery.
We are delighted you are considering/chosen us to support you with your on-line marketing and can promise you service of the highest standard for as long as you need it. Please don’t hesitate to contact Jordan Butcher, if you have any queries regarding the agreement.
1.1 Hosting Provider Company refers to the specialist companies, such as 1&1 from whom Sketch Creative contract their Dedicated Web Servers.
1.2 A Project can be any digital based service provided by Sketch Creative to the Customer. (Examples include web design and development, branding, creative design, content management systems, email marketing, social media
management, search engine optimisation, A/B testing, Google pay-per-click management, website management and hosting).
1.3 “Frustrates” is a term used to describe a situation in which one party to a contract acts in such a way so as to make it unrealistic for the other party to carry out their part of the contract.
1.4 The word “contract” as it appears in these terms and conditions shall mean the contract between Sketch Creative and the Customer, which will be based on the terms and conditions contained within this Service Level Agreement.
2.1 Sketch stands for Sketch Creative.
2.2 SLA stands for Service Level Agreement.
2.3 ISP stands for Internet Service Provider.
2.4 HPC stands for Hosting Provider Company.
3.1 The conditions contained in these terms of service apply to Sketch Creative Customers unless agreed in writing to the contrary. No other contract terms of service shall apply unless specifically agreed in writing between Sketch Creative and the Customer.
4.1 Sketch will provide customers with initial estimates for projects on request. The final project sum may vary from the initial estimate. An estimate, as opposed to fixed price quotation, is useful when the actual project sum cannot be reasonably or accurately ascertained at the outset.
4.2 Work carried out against estimates will be charged in accordance with clause 8.
4.3 Sketch will provide estimates in writing by email to customers, which will include a hyperlink to these terms of service. Acceptance by a customer of a Sketch estimate is subject to acceptance of the terms of service in this SLA, unless specifically agreed in writing between the Customer and Sketch to the contrary.
5. Fixed Price Quotations.
5.1 Whenever possible, Sketch will provide customers with a fixed price quotation and detailed specification for a project.
5.2 Items omitted or added to the specification that accompanies a fixed price quotation will be treated as variations in accordance with clause 6.
6.1 The value of work included in a fixed price quotation, that is not undertaken due to subsequent agreement with the client, will be valued and deducted from the final project sum.
6.2 Work that is in addition to that detailed in a fixed price quotation, will be valued and added to the final project sum.
6.3 Sketch does not accept liability where delays in reaching a deadline are caused by the customer for example in the supplying of essential content and/or sign off for work to continue.
7.1 The source code of all website web pages remains the intellectual property of Sketch and may not be copied and used by any other party without the consent of Sketch.
7.2 All scripts, css and included files used within customer websites remains the intellectual property of Sketch and may not be copied and used by any other party without the consent of Sketch.
7.3 The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Sketch and may not be copied and used by any other party without the consent of Sketch.
7.4 All customer logo images, images unique to the customer, i.e. of their premises, work force and their business, plus all written copy, belong to the customer and are covered under their copyright.
Sketch will not reuse customer written content or images without the express permission of the customer.
8. Hourly Rate Charges
8.1 Sketch will charge for services provided that are not included in any quotation or under the terms of clause (9), Hosting. The amount charged will be in accordance to Sketch Creatives rates card, unless a different hourly rate has otherwise been agreed in writing.
8.2 Sketch will review and may increase their standard hourly rate on an annual basis. There will be a minimum charge of 15 minutes.
9.1 Sketch uses high performance dedicated web servers hosted by first class HPC’s, such as 1&1 IONOS.
9.2 Our 1&1 IONOS dedicated server hosts all of our live sites and has unlimited bandwidth and an uptime performance of 99.9%. Our 1&1 IONOS dedicated server hosts all of our test sites and has unlimited bandwidth and an uptime performance of 99.99%.
9.3 Sketch will quote a separate annual price for the hosting and associated technical support for customer websites.
9.4 Sketch will use their best endeavors, in conjunction with the HPC, to rectify the cause of any disruption in the hosting service of a customer’s website(s) and to minimise the duration of any such instances.
9.5 Sketch will not be liable to the Customer for any compensation in respect of any down-time that may occur with the hosting of their website(s).
9.6 Sketch stores local Daily backups of all customer test website files and SQL databases and in the unlikely event of a hard drive failure or other technical failure with the dedicated web server will restore the website as quickly as possible on a new or repaired web server.
9.7 All website files and SQL databases used for customer websites are regularly backed up by 1&1 IONOS and in the unlikely event of hard drive or other technical failure with the dedicated web server these will be restored and re-connected to customer website(s).
9.8 With regard to any images or download files uploaded to a customer’s website by a customer it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failure with the dedicated web server it will be the responsibility of the Customer to reupload these files if they are not present in the backup files as outlined in clause 9.6
9.9 Sketch utilises various backup processes on their dedicated servers for all website folders and files and may, therefore, be able to save customers the need tore-upload files in accordance with clause 9.8. This is not guaranteed by Sketch so customers should observe and be prepared, in the unlikely event, to comply with
9.10 In the event that a customer wishes to move their website and/or SQL Server Database to another web server supported by another party, then Sketch will cooperate fully, subject to all outstanding amounts being paid up in full, in advance, along with a negotiated fee to purchase the intellectual copyright of the source
code etc detailed in clause 7.
9.11 The option described under clause 9.10 is not available to customer websites that are linked to a shared SQL Server database. In this situation customers can pay for their website data to be exported to a standalone SQL Server database, which can then be relocated.
9.12 In the event that the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by Sketch or the HPC the time expended by Sketch will be charged to the Customer in accordance with clause 8.
9.13 Sketch will invoice for Hosting on an annual basis, yearly in advance. Invoices will be raised approximately 5 days prior to the commencement date.
10.1 Sketch will set up a customer’s email within the hosting of a live site and charge a fixed amount for doing this.
10.2 Sketch will investigate any problems reported by the Customer with their email. If the problem is due to an error by Sketch then no charge will be made to the Customer.
If the problem is not due to an error by Sketch then the Customer will be charged in accordance with clause (8), Sketch Hourly Rate Charges.
10.3 Sketch employs an IT consultant who can investigate any IT related problems on behalf of Sketch for the Customer, should the Customer require IT support. Sketch will agree the hourly rate of this with the customer and if accepted, provide the IT consultant with the Customer’s contact details and invoice the charge to the Customer once work is complete.
11. Website Services.
11.1 Sketch will offer customers third party services such as those offered by Google to enhance the performance of their websites. Sketch may include in quotations the setup and maintenance of such third party services. Sketch will not be liable to the customer for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
12. Search Engines.
12.1 Sketch will design websites to perform well with search engines of Google and Bing and will recommend additional optimisation techniques to the customer should they wish to achieve high rankings.
12.2 Sketch accepts no responsibility or liability to the customer for the rankings achieved or how such rankings may vary over time if the customer chooses not to request or undertake additional optimisation work.
13. Escalation & Incident Management.
13.1 In order to efficiently manage any technical problems that may occur, Sketch Creative operates via a simple but effective issues management process which is priority driven and of course, subject to operating hours (Mon - Fri 09:00am - 17:30pm).
13.2 This process outlines Sketch Creatives turnaround commitment to different tiered issues. If eligible as a client, Sketch Creative will inform you of these timings and tiers prior to your engagement together.
13.3 Sketch Creative cannot guarantee response time when clients submit requests via email, voicemail, or text message.
13.4 Although it's not guaranteed, upon request Sketch Creative will assist with resolving issues that occur out of their control or remit. Sketch Creatives involvement/time will be billed in accordance with their rates card.
14. Issue Resolution Contacts.
The below contacts identify who to escalate critical challenges to during standard business hours and also outside of standard business hours.
Sean Juckes | Digital Strategist
Mobile: +44 7568 193783 | Email: email@example.com
Jordan Butcher | Client Relations Manager
Mobile: +44 7837 293773 | Email: firstname.lastname@example.org
David Thompson | Creative Director
Mobile: +44 7480 292760 | Email: email@example.com
15. Operating Hours.
15.1 Sketch Creatives standard operating hours are Monday - Friday 09:00am - 17:30pm this excludes bank holidays, public holidays and weekends.
16. Finance Process & Invoicing.
16.1 For retained clients all regular monthly invoices are raised on the 1st of each month for the following month’s fees, with 30-day payment terms. For example, an invoice will be raised on 1st June for July fees.
16.2 Sketch Creative will specify within estimates or quotes how a project will be invoiced. Large projects may be split into a number of monthly interim invoices plus a final invoice on completion.
Payment can be made via bank transfer, cheque or credit/debit card. Details of these are below.
Bank Name: Lloyds Bank PLC
Bank Address: 25 Gresham Street, London EC2V
BACS / Bank Transfer:
Account Name: Sketch Creative Limited
Account No: 28811560 | Sort Code: 30-90-89
Cheques to be made payable to “Sketch Creative Limited” and sent to: Finance Department Sketch Creative Limited, 3 Edmund Gardens, 117 Edmund Street, Colmore Row Business District, B3 2HJ Please note, a 2% surcharge may be added to all card payments. For any finance enquiries, please email firstname.lastname@example.org
17.1 Skech will ensure that the specification quoted for the customer works as intended for a maximum time period of one year. In the event that the customer reports that some part of the specification is not functioning correctly then Sketch will investigate this and take corrective action at no expense to the customer. For
correcting performance actions after one year, the Customer will be charged in accordance with clause (8).
17.2 After 12 months, Sketch recommends a review is carried out on the Customer’s project after which updates and upgrades can be proposed to the Customer with estimations of cost.
17.3 In the event that the customer reports an issue which is related to a matter that falls outside of the project specification then Sketch will investigate this and email the customer a report and, if appropriate, a price to carry out the extra work involved to resolve the issue.
18. Damages.18.1 Sketch does not have any liability to the customer for the performance of a
website, database or any other entity/service developed/setup for the client by anyone other than Sketch.
19.1 In the event that the customer does not pay an invoice within 30 days of the due date, i.e. within 44 days of the date of the invoice, then Sketch has the right to suspend all further works for that customer until such time as payment is made in full.
19.2 In the event that the Customer does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then Sketch reserves the right to turn off any website hosting until such time as the invoice is paid in full.
19.3 In the event that the customer becomes insolvent or goes into liquidation Sketch has the right to immediately terminate their contract with the Customer and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
19.4 In the event that a customer “frustrates” the progress of a project contract with Sketch then Sketch will be entitled to give 14 days’ written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14 day notice period, then Sketch will have the right to terminate the contract. Sketch will invoice the Customer for the full value of works carried out to-date.