Terms & Conditions

1. Our Role:

1.1. The Services: Spesh Digital Marketing will provide the services described in the Quote as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, we will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote which may be necessary.

1.2. Information: To maximise Spesh Digital Marketing’s effectiveness, we must work with you as a team. Often, Spesh Digital Marketing’s work will depend on you (or your other advisers) promptly providing information. To avoid unnecessary verification, Spesh Digital Marketing will assume all information you provide is complete and accurate unless you tell us otherwise.

1.3. Incidentals: If required, couriers or printed proofs from external printers will be charged to the client.

1.4. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.

1.5. Force Majeure: Spesh Digital Marketing shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Spesh Digital Marketing’s reasonable control including but not limited to failure of a utility service, default of suppliers or sub-contractors, act of God, war, riot, civil commotion, malicious damage, accident, fire, flood, storm, breakdown of machinery, technical problems, server or connection issues or computer viruses.

2. Payment Terms:

2.1. Payment Terms: Invoices shall be settled by credit card or bank transfer into Spesh Digital Marketing’s nominated bank account within 14 days of the date on the invoice unless agreed otherwise. Spesh Digital Marketing retains ownership of all work until full payment has been made.

2.2. Other Specialist Services: Spesh Digital Marketing’s estimate is exclusive of third-party costs such as marketing platform subscriptions, plugins, mobile applications, software, photography, illustration, video production, sound recording, etc, unless otherwise included in the estimate. Unless you instruct us otherwise, Spesh Digital Marketing may seek such specialist services in areas outside our expertise. The costs of such services will be passed on to and quoted accordingly.

3. Statement of Work:

3.1. In most cases, Spesh Digital Marketing will provide a statement of work document that details the work we do for our clients. This includes but is not limited to consulting sessions, data analysis, reporting or marketing campaigns. Where the client signs and approves this statement of work, any changes beyond the scope will be handled as a new update and priced accordingly.

4. Content:

4.1. Content and Images: You are responsible for providing us with the required information about your business and marketing objectives. Spesh Digital Marketing takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional costs being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copywriting is required, a further charge may be made.

4.2. Information for charts, graphs, and infographics to be supplied in Excel. If we are required to retype large amounts of content, then additional costs may be incurred.

4.3. Client-supplied images should always be high-resolution images at 300DPI for print purposes. Lower-resolution images are acceptable if they are solely for use on the web. Spesh Digital Marketing will assume that all images supplied to us are owned by the client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.

4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.

4.5. You grant us permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Spesh Digital Marketing from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

5. Confidentiality:

5.1. Confidentiality: Save as required by law, Spesh Digital Marketing will keep your documents and affairs confidential at all times unless you permit disclosure or the relevant circumstances are already in the public domain. We may, however, disclose your documents and affairs to:

(i) such of your other service providers as you inform Spesh Digital Marketing are involved in any assignment on which Spesh Digital Marketing is instructed;

(ii) Spesh Digital Marketing’s affiliates or related parties; and

(iii) any other service provider to whom Spesh Digital Marketing may properly delegate aspects of any assignment in order to provide a full range of services to you.

6. Intellectual Property:

6.1. Freedom to use Ideas and IP: Spesh Digital Marketing may develop or use for other clients any ideas, concepts, source code, information or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.

6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by us, shall, upon you paying Spesh Digital Marketing in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Spesh Digital Marketing or third parties engaged or employed by Spesh Digital Marketing.

6.3. Portfolio Rights. Spesh Digital Marketing retains the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work.

6.4. Working Files and Copyright. Spesh Digital Marketing owns the legal copyright of our working files. Working files are our intellectual property, and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied with working files, then this needs to be requested, and we will provide a quote for this release.

7.0. Indemnity:

7.1. All services may be used for lawful purposes only. You agree to indemnify and hold Spesh Digital Marketing harmless from any claims resulting from your use of our service that damages you or any other party.

8.0. Liability:

8.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

9. Variation:

9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.