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This will ensure strong contractual clarity, compliance, and professionalism. This page is to showcase and outline parts of our TOS and MSA.

TERMS AND CONDITIONS
Last updated: 21, June, 2025

These Terms and Conditions (the "Contract") govern the use of www.bawcreative.co.uk (the "Site") and the sale and delivery of services by BAW Creative Ltd ("Agency"), registered at Mitchell's Industrial Park, Bradberry Balk Ln, Pond Hill, Wombwell, Barnsley S73 8HR

By using our Site or engaging our services, you agree to these Terms and Conditions in full.

1. DEFINITIONS

Key definitions such as "Agency", "Client", "Deliverables", "Charges", "Confidential Information", "Client Materials", "Personal Data", "Acceptance Criteria", and "Force Majeure Event" are defined clearly and comprehensively for contract clarity. These terms reflect both standard UK law and digital service norms.

2. TERM AND ACCEPTANCE

  • The Contract is binding upon acceptance of a quotation or commencement of services.
  • Each quotation forms a separate agreement.
  • Deliverables are deemed accepted if no feedback is received within 5 Business Days.

3. SERVICES AND PERFORMANCE

  • The Agency will deliver services with due care and skill.
  • Time-based projects are estimated and billed in 15-minute increments unless agreed otherwise.
  • Client must supply required content and feedback in a timely manner.
  • Service standards follow leading industry practice.

4. CHARGES, PAYMENT, AND INVOICING

  • All services are chargeable per quotation, retainer, or written agreement.
  • Invoices are payable within 5 days (standard) or 30 days (if agreed).
  • Overdue invoices attract interest at 8% above Bank of England base rate.
  • No licence or ownership is granted until full payment is received.
  • For time-based work, prior written consent is required if going over agreed limits.

5. CHANGES & REVISIONS

  • Requests outside the scope are billed at £150/hour.
  • Substantive changes (over 50% scope/timeline/fee) require a new Project Order.
  • Work pauses until a signed Change Order is received.

6. ACCEPTANCE AND REVIEW

  • Clients must provide approval or written feedback within 5 Business Days of delivery.
  • If revisions are required, the Agency has up to 20 Business Days to implement them.
  • Acceptance voids further claims on the work unless a breach was undiscoverable.

7. INTELLECTUAL PROPERTY RIGHTS

  • IP in final Deliverables is assigned to the Client, except for Agency Tools, Third Party Materials, and Client Content.
  • Licences for third-party content will be agreed per vendor terms or sublicensed accordingly.
  • Clients are responsible for ensuring rights in content they provide.

8. CLIENT RESPONSIBILITIES

  • Clients must:
    • Supply Client Materials
    • Provide timely feedback
    • Approve proofs before publication
    • Ensure all claims are accurate and legal

9. CONFIDENTIALITY

  • Both parties will maintain strict confidentiality for business and project information.
  • The Agency may share confidential data only with its team and advisors bound by confidentiality terms.
  • Confidentiality obligations survive termination of the Contract.

10. DATA PROTECTION

  • Both parties will comply with UK GDPR and the Data Protection Act 2018.
  • Personal Data is limited to necessary contact, delivery, and financial information.
  • The Agency will not process or sub-process personal data outside agreed bounds.
  • Sub-processors (e.g. VAs, accountants) may be used with Client’s general consent.
  • Clients have full audit rights under reasonable circumstances.

11. PROMOTION AND ACCREDITATION

  • BAW Creative may showcase completed work in portfolios or case studies unless the Client expressly objects in writing.
  • We may quote anonymised testimonials or describe work type in a general way.

12. WARRANTIES AND LIMITATIONS

  • The Agency warrants the Deliverables will match agreed specifications and not infringe third-party rights.
  • Client warrants the legality and ownership of provided materials.
  • All other warranties are excluded to the fullest extent permitted by law.
  • Liability is limited to the total fee paid for the project.
  • The Agency is not liable for consequential damages, data loss, or third-party failures.

13. FORCE MAJEURE

  • Neither party is liable for delays caused by events outside their control (e.g. internet failure, illness, acts of war).
  • Affected parties must inform the other and mitigate where possible.

14. TERMINATION

  • Either party may terminate with 10 days’ written notice.
  • Termination for breach or insolvency is immediate.
  • On termination:
    • Outstanding work is billed pro-rata
    • Early termination by Client attracts a fee of 12 months’ payment
    • Agency retains the right to withhold Deliverables unless payment is made
    • Confidentiality and IP clauses survive termination

15. REFUNDS

Refunds may be granted only in these cases:

  • Termination for cause by Client
  • Non-performance not remedied by Agency
  • Agency-initiated cancellation

Refunds exclude:

  • Services already performed
  • Third-party costs
  • Early termination fees

Requests must be made in writing within 30 days. Processing time: 14 days post-approval.

16. NON-SOLICITATION

Clients agree not to hire or contract Agency employees or contractors within 6 months of engagement without permission. Breach incurs a 25% commission on salary or fees.

17. LEGAL TERMS

  • No variation unless agreed in writing.
  • No assignment without written consent.
  • English law applies; jurisdiction is the courts of England and Wales.
  • If any clause is invalid, the remainder remains in force.
  • This Contract supersedes all prior agreements.

18. Contact Us

For more information or to exercise your rights:

BAW Creative Ltd
Mitchell's Industrial Park,
Bradberry Balk Ln,
Pond Hill,
Wombwell,
Barnsley S73 8HR
Email: support@bawcreative.co.uk
Phone: 07875213354

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