Our Terms & Conditions

Terms & Conditions

These terms and conditions (‘Conditions’) set out the terms upon which Zeke Creative (which expression includes Zeke Creative Limited) agree to provide professional services pursuant to a contract (‘Contract’). Zeke Creative may accept reasonable modification to these terms but such agreement must be in writing signed by a Director of Zeke Creative and cannot be inferred from a course of behaviour. These Terms govern the Contract to the exclusion of any other terms subject to which any order or quotation is accepted or purported to be accepted or any order is made or purported to be made by the Buyer and these Terms shall be deemed to have been delivered first and last in time.


1. Services – Zeke Creative supplies its clients (‘the Client’) with design and consultancy services specified in a fee proposal (‘Fee Proposal’) relating to the Client’s identity, business, literature, branding, strategic market positioning and the packaging, promotion, point of sale and sale of goods and services (‘Services’) for a specific project (‘Project’).

2. The Contract will come into existence upon either:

i. Acceptance – The written acceptance by Zeke Creative of an order for Services from the Client; or

ii. Acknowledgement – The written acknowledgement by Zeke Creative of an authority to proceed given by the Client in accordance with a Fee Proposal (in both cases incorporating these Conditions). Zeke Creative reserves the right not to start work on a Project until it is in possession of a written authority to proceed from the Client.

iii. Entire Agreement – The Contract, when formed, shall constitute the whole agreement between Zeke Creative and the Client and both parties confirm that they have not entered into contractual relations on the basis of any representations (to include statements about price, availability, delivery, design quality and specification) that are not expressly incorporated into the Contract provided however this is not intended nor shall it exclude any liability of either party for fraudulent misrepresentation.


1. Credit – For new customers with no credit history with Zeke Creative, initial payment of 50% towards fees is required set against first project. We reserve the right to waive this item. Subsequent invoices will carry payment term of 30 days.

2. Payment Details – Accounts are payable to Zeke Creative Limited, 1.5 Paintworks, Colthurst Mews, Bath Road, Bristol BS4 3EH United Kingdom. BACS payments are preferred.Unless otherwise agreed, credit accounts are to be paid in full after 30 days of receipt of invoice.

3. Zeke Creative reserves the right to withdraw credit facilities at any time.

4. Invoice – Zeke Creative will usually raise an invoice in respect of each stage of work completed and reserves the right to raise an interim invoice at the end of each calendar month.

5. Invoice Queries – Any queries as to the amount of the invoice should be raised, in writing, within seven days of receipt, otherwise the account invoiced will be deemed to be agreed. The Client is not entitled to withhold payment of, or make deductions from, invoices by reason of any claim or alleged claim and all rights of set off are excluded.

6. Invoices payable – (together with VAT where applicable) within 30 days of delivery. Interest on late payments at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998. Services may be terminated or suspended at Designer’s option if any payment is more than 30 days overdue.

7. VAT – All prices quoted are exclusive of VAT which shall be charged at the appropriate rate.


1. Cost Variations – Quotation (whether or not forming part of a Fee Proposal) are based on information provided by the Client, and current costs of production and are subject to amendment after 30 days to meet any rise in such costs.

2. Rush Fees – Any part of the service that requires expedited delivery must be expressly agreed, and an additional charge may be made.

3. Sub–Contractors and Charges – Where Zeke Creative undertakes to arrange and appoint specialist facilities on behalf of the Client (photography, illustrations, printing, exhibition contracting and the like), quoted rates from those facilities are passed on to the Client in good faith. In the event of additional charges being made by such facilities or if any additional expenses arise which could not have reasonably been anticipated other than as a result of negligence by Zeke Creative, Zeke Creative reserves the right to invoice those additional charges to the Client.

4. Expenses – Unless agreed as part of the Services the Client will reimburse Zeke Creative costs for necessary travel, subsistence and other out of pocket expenses incurred by Zeke Creative during the provision of the Services.

5. Management Charge – Zeke Creative reserves the right to add a management charge to the cost of bought in or sub contracted Services in accordance with industry practice.

6. Modifications – Zeke Creative will charge at it’s current rate for additional work necessitated by reason of corrections or modifications or changes required to the Services or after work has been approved by the Client (to include any Client led changes to dates for delivery of the Services and/or alterations in style).

7. Postponements – Should production be postponed or suspended at the request of the Client, or delayed by the Client, for a period of 30 days or more, Zeke Creative shall be entitled to payment for work already carried out and for materials specially ordered.

8. Delivery Costs – The Client will be charged for all delivery costs unless otherwise agreed.


1. Client Cancellations/Suspension – Zeke Creative requires two week’s notice in writing, via email. Zeke Creative reserves the right to charge for all work carried out up to the time of any cancellation, and to charge for any materials or services specially delivered or ordered which cannot be cancelled.

2. Zeke Creative’s Cancellation/Suspension – Zeke Creative has the right to terminate the Contract at any time if it believes its professional reputation or its standing is threatened by its continued involvement with the Project if the Client stops trading or commits an act of bankruptcy or if a Liquidator, Receiver or Administrator is appointed or if the Client enters into an arrangement with its creditors or if Zeke Creative has reasonable grounds to believe that the Client may not discharge its fee obligation to Zeke Creative.

3. Suspension – Following notice of suspension Zeke Creative may at any time decline to undertake any further work on the Project and it shall be at its complete discretion as to whether to maintain any design team that was assembled for the Project.


1. Liability – Zeke Creative shall not accept liability for delay, loss or damage caused by carriers, as long as Zeke Creative can provide proof of despatch.

2. Claims – Claims arising from damage, delay or partial loss of goods (including designs) in transit must be made in writing, via email to Zeke Creative within 3 days of delivery. Claims for non–delivery must be made within 28 days of despatch.

3. Limitation – Zeke Creative shall only be liable in tort or contract or general law up to the value of the defective work under the Contract in respect of the Project provided that nothing in these conditions shall limit the liability of Zeke Creative for death or personal injury arising as a result of its negligence or the negligence of its agents.

4. Force Majeure – If either party hereto is prevented in the performance of any act required hereunder by reason of act of God, fire, flood, or other natural disaster, malicious injury, strikes, lock-outs, or other labour troubles, riots, insurrection, war or other reason of like nature not the fault of the party in performing under this Agreement, then performance of such act shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay except that if any delay exceeds six months, then the party entitled to such performance shall have the option to terminate this Agreement.

5. Client Stipulations–Zeke Creative shall not be responsible for any failure of any materials or items stipulated by the Client to be used in relation to the Project.

6. Third party rights – Zeke Creative shall be under no liability to the client for any actions, costs, claims or demands suffered in respect of any infringement or alleged infringement of third party rights save insofar as such infringement is due to the negligence or default of Zeke Creative.

7. Limitation of loss – Except in respect of death or personal injury caused by the negligence of Zeke Creative, Zeke Creative shall not be liable to the Client by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term, of any duty at common law or under the expressed terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Zeke Creative, its employees or agents or otherwise) which arise out of or in connection with the supply of the Services (including any delay in supplying or any failure to supply the Services in accordance with the Contract or at all) or their use or resale by the Client and the entire liability of Zeke Creative under or in connection with the Contract shall not exceed the price of the Services, except as expressly provided in these Terms

8. Subcontract – Zeke Creative accept responsibility for the work of its subcontractor unless they have been stipulated by the Client.

9. Orders communicated verbally – While every effort will be made to ensure accuracy, risk of error with orders rests entirely with the Client. Verbal orders should be confirmed immediately by email.

10 A claim by the Client which is based on defective work or failure to correspond with any specification shall (whether or not delivery is refused by the Client) be notified to Zeke Creative within 7 days from the date of delivery (or where the defective or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the failure or defect. If delivery is not refused and the Client does not notify Zeke Creative accordingly the Client shall not be entitled to reject the work and Zeke Creative shall have no liability for such defect or failure and the Client shall be bound to pay the price as if the work had been delivered in accordance with the Contract.


1. Client Indemnity – Work involving any form of copying, whether by way of drawings, digital files, photographs, films, magnetic tapes, prints or otherwise is undertaken strictly on the understanding that the Client holds full legal title to any copyright involved. The Client shall indemnify Zeke Creative in the event of any copyright infringement. In the event of uncertainty, Zeke Creative reserves the right to contact potential owners for clarification, where the client has provided material.

2. IP Rights – The copyright and/or design rights and/or moral rights and all other intellectual property rights recognised anywhere in the world in any work originated or created by Zeke Creative (‘the Intellectual Property’) belongs exclusively to Zeke Creative and are hereby asserted.

3. Rough work – Under no circumstances shall any work in a rough or uncompleted form be used or published as finished work or otherwise without the prior express written approval of Zeke Creative.

4. Storage of Materials – Following completion of a Project Zeke Creative may retain art work and materials as part of it’s own records but unless it shall have expressly agreed to do so as part of a brief it shall not be obliged to do so.

5. Infringement – Zeke Creative warrants that its work shall be original and will not knowingly infringe third party rights.

6. Searches – Unless Zeke Creative expressly agrees otherwise, it shall not be under any obligation to make any search or enquiry with regard to third party rights such as trademarks, registered designs or market searches.

7. Confidentiality of Ideas and Concepts not implemented – The ideas and concepts put forward by Zeke Creative as part of the Services but which are either rejected by the Client or which do not form part of the final implemented work for any reason shall be the confidential know how of Zeke Creative and the Client shall not seek to use such ideas for any purpose and shall keep such confidential know how secret and shall not disclose it to any third party until the same shall come into the public domain other than by reason of a breach of a duty of confidentiality due to Zeke Creative or for a period of 1 year whichever is the longer..this clause will be waived where the Client’s own or otherwise procured ideas or concepts have commonality with that proposed by Zeke Creative and where the Client immediately informs Zeke Creative of this commonality and confirms its existance in writing within 48 hours.

8. Services not included in the Contract – The Services shall not include, and Clients are reminded that they must obtain all relevant licences for the use and operation of, inter alia, proprietary software, type faces and/or any media upon which materials delivered by Zeke Creative as part of the Services are stored.

9. Moral right – Zeke Creative asserts its right to be identified as author of any design work which has been created as a result to the commission, we would expect for brochures and websites to have full credit acknowledgments printed or displayed, discretely in agreement with the Client.

10. Multi designs – If more than one design is chosen by the Client and this was not provided for in the agreed brief for the Services an additional fee may be payable by the Client.

11. Sub contractors – Zeke Creative will use all reasonable endeavours to secure the relevant Intellectual Property rights of its freelancers, contractors and sub contractors.

12. Illustrators and photographers – Clients are reminded that illustrators and photographers usually retain ownership of the original illustration or photograph and may demand its return undamaged although this should not restrict the Client’s use of any illustration or photograph within the negotiated usage rights.


1. Confidential Information – Each party shall owe the other a duty to preserve the confidential information of the other (being information of a confidential nature not in the public domain and the disclosure or misuse of which would foreseeably damage the goodwill, business or reputation of the other.) A separate NDA has been supplied inconjunction with these terms and should be referred to.

2. Duty to Inform – In the event that the Client shall have cause to disclose to Zeke Creative specific commercially sensitive information then it shall so inform Zeke Creative who will comply with the Client’s reasonable requirements in this regard.

3. Non Solicitation – Whilst Zeke Creative are providing Services and for a period of six months following the later of:

i.Completion of the Project on which Zeke Creative was engaged; or

ii. Completion of any other business Contract between Zeke Creative and the Client the Client will not contact or engage the services of or employ any person who was and remains an employee of Zeke Creative during such period except with the written consent of Zeke Creative.


1. Illegal Matter – Zeke Creative shall not be required to reproduce in any form matter which, in the opinion of Zeke Creative, is or may be of an illegal, defamatory or contentious nature. Zeke Creative shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any such matter produced by Zeke Creative or the infringement of any industrial or intellectual property right.

2. Title and Risk – The risk in all goods shall pass to the Client upon delivery, but legal and beneficial ownership shall remain with Zeke Creative until full payment has been received and any cheque or other negotiable security has been honoured.

3. Implementation – Unless otherwise agreed as part of the Services in the case of graphic design, full responsibility for implementation, display, electronic integration and compatibility, back up and production and manufacture shall remain with the Client.

4. General Lien – Without prejudice to other remedies, Zeke Creative shall, in respect of all outstanding debts due from its Clients, have a general lien on all goods and property in Zeke Creative’s possession (whether worked on or not), and shall be entitled, on the expiration of 15 days notice, to dispose of such goods or property as Zeke Creative thinks fit, and to apply any proceeds towards such debts.

5. Dispute – In the event of any dispute that cannot be resolved by the individuals with responsibility for the Contract then upon the request of either party, senior representatives of Zeke Creative and the Client shall meet to discuss the problem and try to reach an acceptable compromise. The parties will consider mediation as a method of resolving any dispute.

6. Headings – The headings and sub–headings are inserted for convenience only, and shall not affect the construction of these Conditions of Business.

7. Contractors – The Client will be solely responsible for matters concerning contractors and sub contractors that it specifies or nominates and shall take reasonable steps to ensure that they are aware of and comply as appropriate with these conditions so that they co–operate fully with Zeke Creative

8. Samples – The Client shall provide Zeke Creative free of charge with a reasonable number of samples of any work carried out in connection with a brief.

9. Publicity – Zeke Creative reserves reasonable rights of publicity as a provider of Services to the Client generally and specifically in respect of any work produced as part of a brief provided that where relevant such work shall already be in the public domain.

10. Third party rights – A person who is not a party to the Contract has no rights to enforce any term of the Contract pursuant to the Contract (Rights of Third Parties) Act 1999. This shall not effect any right or remedy of a third party that exists or is available independent from that Act.

11. Assignment – The Contract is personal to the parties hereto and cannot be assigned in whole or in part.

12. Severability – Any of these provisions which may be unenforceable shall (to that extent) be severable.

13. Notices – All notices shall be in writing and either delivered personally or sent by first class recorded delivery pre–paid post which shall be deemed duly served in the case of a notice delivered personally at the time of delivery and in the case of a notice sent by post two clear business days after the date of despatch. Each notice shall be addressed to the required office or the principal place of business of the party concerned or to such other address as the party shall have previously have notified to the other in writing.

14. Law – The Contract shall be governed by English law and the parties submit to the non exclusive jurisdiction of the English courts.

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