Terms and Conditions

PART B: FULL LEGAL TERMS & CONDITIONS

1. Definitions

In these Terms and Conditions: – “The Company” means Creativitee T/A Luli Creative Design (“Luli Creative”). – “The Customer” means the person, firm or company commissioning services or purchasing goods. – “The Project” means any services or goods supplied by the Company. By commissioning services or placing an order, the Customer agrees that these Terms govern the working relationship.

SECTION 1 – SERVICES TERMS & CONDITIONS

2. Quotations, Estimates & Acceptance

All estimates or quotations are supplied by email and are valid for 14 or 30 days, depending on service type, unless stated otherwise. Acceptance may be given by written confirmation, purchase order or verbal approval, all of which form a binding contract. The Company’s Terms override any customer purchase order terms.

3. Fees & Payment

A 50% non‑refundable deposit is required before work commences unless agreed otherwise in writing. Final balances are payable upon final approval and prior to delivery or website launch. Late payments may attract interest in line with the Bank of England base rate. The Company may suspend work or withhold delivery until all sums are paid.

4. Project Delays and Client Responsibilities

The Client agrees to provide all information, content, feedback, approvals, and other materials reasonably required for the completion of the project within agreed timescales. Where the Client causes a delay by failing to provide such items or respond to communications in a timely manner, Luli Creative reserves the right to adjust the project schedule accordingly.

If a project is delayed by the Client for more than 14 consecutive days, Luli Creative may reschedule the work to fit around existing commitments. Any additional costs incurred as a result of repeated rescheduling, idle time, or changes to resource allocation may be charged to the Client at our standard hourly rates.

Unless otherwise agreed in writing, all estimates/quotations are valid for a period of three (3) months from the project start date. Projects extending beyond this period due to Client delays may be subject to a revised quotation to reflect changes in costs, availability, and resource requirements.

Where project completion is delayed due to the Customer, interim invoices may be issued. Failure to pay may result in suspension of work.

Where a project remains inactive due to Client delay for more than 30 days, Luli Creative reserves the right to place the project on hold. Resumption of the project will be subject to availability and may incur a reactivation or rescheduling fee.

5. Revisions & Changes

Projects include two (2) rounds of revisions unless otherwise stated. Additional changes or alterations after approval are chargeable at the Company’s standard hourly rate. Substantial changes may require a revised estimate and written approval.

6. Priority Scheduling

Rush jobs, overtime or weekend work may incur additional charges. Supplier surcharges may be passed on to the Customer.

7. Customer Responsibilities

The Customer confirms they hold all necessary rights and permissions for any materials supplied and indemnifies the Company against claims arising from their use.

8. Proofing & Errors

The Customer must check all proofs carefully prior to approval. The Company is not liable for errors once approval has been given.

9. Intellectual Property

All artwork and design remains the property of the Company until full payment is received. Upon payment, reproduction rights are granted only for the agreed use. Buyouts or release of artwork/native files or extended usage require a written agreement. Working files remain the Company’s property but can be purchased for an agreed price. This is for a full copyright buyout, and to unarchive, package, clean and release the files. Files may be retained for 6 months after completion and may be deleted thereafter.

9A. Portfolio & Marketing Use

The Company reserves the right to display, reproduce and publish any artwork, designs or completed projects created for the Customer for portfolio, marketing, social media, website, presentations and awards purposes. This right applies unless:

• The Customer has explicitly requested in writing that the work remains confidential; or
• The work is subject to a signed Non-Disclosure Agreement (NDA) or confidentiality agreement restricting such use.

Where confidentiality is requested, the Company will respect reasonable limitations on disclosure.

10. Website Hosting, Domains & Third-Party Services

Where website hosting is provided or arranged by Luli Creative, the hosting service is supplied through a third-party hosting provider and is therefore subject to that provider’s infrastructure, availability, terms and service levels. While reasonable care will be taken in selecting and managing hosting services, Luli Creative cannot guarantee that hosting, websites, email services or other associated services will be continuously available, uninterrupted or error-free. The Company will not be liable for any loss, damage, loss of revenue, loss of data, business interruption or other consequences arising from downtime, server failure, maintenance, technical faults, cyber incidents or any other interruption to services outside Luli Creative’s reasonable control.

If, in Luli Creative’s reasonable opinion, a client’s existing hosting package or provider is unsuitable for the operation of their website, they may recommend or require that the website is moved to a more appropriate hosting package or provider before further website work is undertaken. Any associated migration, configuration or additional development work may be chargeable. Reasons for moving may include inadequate server space allocated, poor performance, security issues, technical support, incompatibility, or other reasons which we will explain at the time.

Hosting fees payable directly to The Company are charged in advance for the relevant hosting period. Once that hosting period has commenced, fees are non-refundable except where otherwise required by law.

Where hosting, domain names, SSL certificates, email services, licences, subscriptions or other third-party services are held or purchased directly by the client, responsibility for maintaining those accounts and ensuring that all renewal fees are paid by the relevant deadlines rests solely with the client. Luli Creative accepts no responsibility for the expiry, suspension, cancellation or loss of any such service resulting from non-payment, expired payment details, missed renewal notices or any other failure by the client or third-party provider to maintain the service.

The client remains responsible for the ownership, registration and renewal of their domain name unless The Company has expressly agreed in writing to manage a particular service on the client’s behalf. Luli Creative cannot guarantee the continued availability or renewal of any domain name and will not be liable for the loss of a domain resulting from expiry, non-payment or circumstances outside Luli Creative’s reasonable control.

Third-party hosting providers, domain registrars and other service providers may amend their prices, terms, features or service levels from time to time. Any resulting increase in third-party costs may be passed on to the client where applicable.

11. Search Engine Optimisation (SEO) & Search Rankings

Luli Creative may implement basic search engine optimisation (SEO) measures as part of the design and development of a website where agreed within the project scope. However, search engine rankings and visibility are determined by third-party search engines and platforms using complex and continually changing algorithms and criteria that are outside Luli Creative’s control.

Luli Creative therefore cannot guarantee that a website will be indexed or accepted by any particular search engine, nor can we guarantee any specific position, ranking, level of traffic, number of enquiries or other commercial result arising from search engine visibility. The time taken for a new or updated website to be discovered, indexed and displayed in search results can vary considerably.

Search rankings may change at any time as a result of algorithm updates, competitor activity, changes to the website or its content, technical factors, changes in search behaviour, or other circumstances outside Luli Creative’s control. Previous or initial search performance should not be taken as a guarantee of future performance.

Where more extensive or ongoing SEO services are required, Luli Creative may provide this service themselves, or recommend that the client engages a specialist SEO provider. Where Luli Creative introduces or recommends a third-party SEO consultant, agency or other specialist, that provider will operate independently and under their own terms and conditions. Unless expressly agreed otherwise in writing, Luli Creative is not responsible for the work, advice, performance or results of any third-party provider.

Any SEO targets, rankings, traffic projections or other performance expectations discussed during a project are indicative only and do not constitute a guarantee of results.

12. Domain Name Registration & Ownership

Luli Creative recommends that clients register domain names in their own name and maintain direct ownership and control of their domain registrar account. Unless otherwise agreed in writing, the client is responsible for ensuring that their domain name remains correctly registered and that all associated registration and renewal fees are paid when due.

The availability of a particular domain name cannot be guaranteed. Domain availability can change at any time, and a domain should not be considered secured until registration has been completed and confirmed by the relevant domain registrar.

Where Luli Creative agrees to register or arrange the registration of a domain name on a client’s behalf, reasonable efforts will be made to secure the requested domain. However, Luli Creative cannot guarantee successful registration, and the client should not make commitments or incur costs on the assumption that a particular domain has been secured until confirmation has been provided.

Luli Creative will not be responsible for the loss, expiry, suspension or acquisition by a third party of a domain name where this results from circumstances outside Luli Creative’s reasonable control, including the client’s failure to pay renewal fees or maintain accurate account, contact or payment information.

13. Liability, Third-Party Services & Suppliers

Luli Creative will provide its services with reasonable care and skill and in accordance with the scope of work agreed with the client. However, Luli Creative cannot guarantee that all products, materials, software, platforms, hosting services or other third-party products and services used or recommended in connection with a project will be continuously available, error-free or suitable for every purpose.

Luli Creative will not be responsible for loss or damage arising from circumstances outside its reasonable control, including the failure, interruption, delay or non-performance of third-party products, services, software, platforms, suppliers, hosting providers, couriers or other external service providers.

Where Luli Creative recommends or sources third-party products, materials or services, reasonable care will be taken in their selection. However, unless expressly agreed otherwise in writing, Luli Creative does not manufacture, operate or control such products or services and cannot accept responsibility for their ongoing performance, availability or quality.

Luli Creative may use suitably qualified subcontractors, suppliers, printers, developers, hosting providers or other third parties where reasonably required to deliver a project. Where third-party services are used, their own applicable terms, conditions, licences and service restrictions may also apply. The client agrees to comply with any such terms where they have been made available to, or reasonably brought to the attention of, the client.

Neither party will be liable to the other for any indirect or consequential loss that was not reasonably foreseeable when the contract was entered into. Where permitted by law and considered reasonable in the circumstances, Luli Creative’s total liability arising from a particular project or service will be limited to the total fees paid or payable to Luli Creative for the specific project or service giving rise to the claim.

Nothing in these Terms & Conditions excludes or limits any liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights or remedies which cannot legally be restricted.

Printing & Production

Where printed or manufactured items are supplied as part of a project, production is normally undertaken by independent third-party printers or suppliers. Their applicable production tolerances, delivery terms and conditions will therefore apply in addition to these Terms & Conditions.

Unless an exact quantity has been expressly agreed and guaranteed by the relevant supplier, print and production quantities may be subject to the supplier’s normal manufacturing tolerances. This can result in the final quantity supplied being slightly higher or lower than the quantity ordered.

Where a precise minimum quantity is essential, the client must notify Luli Creative before the order is placed so that an appropriate quantity can be ordered and any relevant supplier requirements can be confirmed.

Production and delivery dates provided by Luli Creative are estimates unless expressly confirmed otherwise in writing. While reasonable efforts will be made to meet agreed timescales, Luli Creative cannot guarantee delivery dates where delays arise from printers, couriers, suppliers, material availability, equipment failure or other circumstances outside Luli Creative’s reasonable control. Clients should allow sufficient additional time for projects where a fixed event, launch or other deadline is involved.

SECTION 2 – MERCHANDISE TERMS & CONDITIONS

10. Samples & Sizing

Plain garment samples are chargeable plus delivery. Refunds are issued (less delivery and a 15% restocking fee) if returned unused. No restocking fee applies if samples are returned for decoration. Decorated items cannot be refunded for sizing issues.

11. Bespoke Items

All bespoke garments and merchandise are produced on demand and are non‑returnable once decorated. Faulty decoration may be replaced on a like‑for‑like basis. Where stock is unavailable, a suitable alternative may be supplied with prior notice.

12. Care Instructions

Decorated garments must be washed inside out at 30°C and not tumble dried, bleached or ironed over decoration. Failure to follow care instructions voids fault claims.

13. Delivery & Claims

Goods must be inspected on delivery. Transit damage must be noted at delivery. Claims must be submitted in writing within: – 5 working days for damage, quality or quantity issues – 4 days for non‑delivery Late claims will not be accepted.

14. Refunds, Reprints & Cancellations

The Company reserves the right to rectify defects by reprinting rather than refunding. Refunds, where approved, are processed within 3–4 working days. Cancellation charges apply for work completed up to the date of written cancellation.

SECTION 3 – GENERAL TERMS

15. Liability

Liability is limited to the contract value. The Company is not liable for indirect or consequential loss. Nothing limits liability for death or personal injury caused by negligence. Statutory consumer rights are not affected.

16. Lien

The Company may retain Customer property and completed work until all outstanding sums are paid.

17. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

18. Governing Law

These Terms are governed by the laws of England and Wales. The Company may bring proceedings in any court of competent jurisdiction.