Terms of Business
Last updated on 5th March 2025.
Welcome to Sizzle Creative Agency Ltd. By engaging our services, you agree to be bound by the following terms and conditions.
1. Introduction
1.1 These Terms and Conditions govern the relationship between Sizzle Creative Agency Ltd (“the Agency”, “we”, “our”, or “us”) and you, the Client.
1.2 By using our services, you agree to abide by these terms.
1.3 Some services may be provided under a separate retainer agreement, subject to a minimum 12-month commitment. Where applicable, additional terms will be outlined in a separate agreement.
2. Services
2.1 The Agency provides creative, development, marketing, and professional services as agreed in writing.
2.2 The scope of work will be confirmed in writing, including via email.
2.3 Work beyond the agreed scope may incur additional charges.
2.4 Our business hours are 9:00 AM to 5:00 PM (GMT/BST), Monday to Friday, excluding UK Bank Holidays. Work outside these hours is subject to availability and additional charges.
2.5 Ongoing services, such as marketing, design, and development support, may be provided under a retainer agreement where agreed in writing.
3. Fees & Payment
3.1 The Client agrees to pay the fees outlined at the start of a project or as part of a retainer agreement.
3.2 Deposits, where required, will be confirmed in writing.
3.3 All invoices are payable within 30 days, unless otherwise agreed.
3.4 Late payments will incur interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.
3.5 Our standard hourly rate is £90 (ex VAT) unless agreed otherwise.
3.6 Retainer Clients:
- • Retainer fees are billed as per the agreed schedule (e.g., monthly or quarterly).
- • Fees are fixed for the agreed term unless otherwise stated.
- • Retainer fees are payable regardless of whether the Client fully utilises the included services within a billing period.
3.7 If the Client fails to make payment or terminates the agreement early, they shall remain liable for the full remaining balance of the retainer period, payable within 14 days of termination.
Failure to pay will result in immediate enforcement action, including suspension of services and engagement of debt collection services.
4. Client Responsibilities
4.1 The Client must provide all necessary information, materials, and approvals required for service delivery.
4.2 Delays in providing required assets may impact deadlines and incur additional charges.
5. Intellectual Property
5.1 The Agency retains copyright over all materials until full payment is received.
5.2 Once full payment is made, ownership of the final deliverables transfers to the Client, except where third-party rights apply.
5.3 The Agency reserves the right to display completed work for promotional purposes.
5.4 We may insert a backlink in the Client’s website footer unless agreed otherwise.
6. Confidentiality
6.1 Both parties agree to keep sensitive business and project information confidential.
6.2 This obligation remains in force even after termination of this agreement.
7. Liability & Warranties
7.1 The Agency exercises reasonable skill and care in service delivery but does not guarantee specific results.
7.2 We are not liable for indirect or consequential losses.
7.3 The Client is responsible for obtaining permissions for any third-party materials supplied to the Agency.
8. Termination
8.1 Either party may terminate this agreement with 30 days’ written notice, except where a separate retainer agreement applies.
8.2 The Agency reserves the right to terminate this Agreement with immediate effect if the Client:
- • Fails to pay any amount due under this Agreement within 14 days of receiving written notice of non-payment.
- • Breaches any material obligations under this Agreement and fails to remedy the breach within 7 days.
- • Engages in behaviour that is abusive, discriminatory, or unreasonable towards Agency staff.
- • Enters administration, liquidation, or ceases to trade.
8.3 If the Client terminates, the Agency reserves the right to charge for all work completed up to the termination date, including any committed third-party costs.
8.4 For Clients on a Retainer Agreement:
- • This Agreement is subject to a minimum 12-month term unless otherwise agreed in writing.
- • Termination before the minimum term will result in the Client being liable for the full remaining balance of the 12-month contract.
- • After the minimum term, the Agreement will continue on a rolling basis unless terminated with 30 days’ written notice.
8.5 Deposits and advance payments are non-refundable under any circumstances, including when work has not yet commenced, unless agreed otherwise in writing.
8.6 The following clauses shall survive termination:
- • 5 (Intellectual Property)
- • 6 (Confidentiality)
- • 7 (Liability & Warranties)
- • 10.1, 10.2, 10.3 (Governing Law & Dispute Resolution)
- • 10.5 (Non-Solicitation)
- • 11 (Data Protection)
9. Force Majeure
9.1 We shall not be liable for delays or failures caused by circumstances beyond our control, including but not limited to natural disasters, pandemics, government actions, strikes, or technical failures.
10. Governing Law & General Terms
10.1 These terms are governed by and construed in accordance with the laws of England and Wales.
10.2 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
10.3 If any provision of this Agreement is deemed invalid, the remaining provisions shall remain in effect.
10.4 Non-Solicitation Clause
- • The Client agrees that during the term of this Agreement, and for 12 months following its termination, they shall not directly or indirectly solicit, hire, or engage any employees, contractors, or freelancers who have worked with them through the Agency.
- • This includes engagement via third-party agencies, consultancies, intermediaries, or affiliate companies.
- • Breach of this clause will result in the Client being liable for a compensation fee of 50% of the employee’s or contractor’s total annual salary/contract value.
11. Data Protection
11.1 We comply with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.
11.2 The Agency processes personal data solely for service provision and will not share it without consent.
12. Creative & Development Specific Services
12.1 Our services include branding, design, development, marketing, and content creation as agreed in writing.
12.2 Quotations typically include one set of revisions unless otherwise specified. Additional revisions incur extra charges.
12.3 Clients must provide timely feedback to avoid project delays.
12.4 Development projects have a defined period for review and acceptance post-launch. Ongoing support is not included unless specified separately.
13 Managed AWS Hosting Services
13.1 The Agency offers AWS hosting, including server setup, monitoring, and maintenance under a separate pricing structure.
13.2 Hosting services may be terminated with 30 days’ written notice, and the Client is responsible for data migration.
14. Third-Party Services
14.1 Clients are responsible for managing and cancelling third-party services not managed by the Agency.
14.2 The Agency is not responsible for renewing or liaising with third-party providers unless agreed in writing.
15. 'Sizzle CMS'
15.1 The Agency owns and operates its own framework titled “Sizzle CMS”. The Agency retains all ownership and licensing rights to Sizzle CMS unless otherwise agreed in writing. Licensing information is available upon request.
16. File Storage & Access
16.1 The Agency is not required to store project files post-completion.
16.2 A £135 (ex VAT) restoration fee applies for retrieving archived files.
16.3 Native design or development files are provided only upon full payment of all outstanding fees.
17. Amendments
17.1 We reserve the right to amend these terms at any time. Any updates will be posted on this page.
17.2 If any provision of this agreement is deemed invalid, the remaining provisions shall remain in effect.
18. Contact Us
If you have any questions about these Terms & Conditions, please contact us:
Phone Number: 01204 370 742
Email Address: info@sizzlecreative.co.uk
Sizzle Creative Agency Ltd
68 St. Georges Road
Bolton, Lancs, BL1 2DD