Terms of Service

Last updated: 15/09/2025

About These Terms

These Terms of Service (“Terms”) govern your use of the Podium Design website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

Company Information:

• Business Name: Podium Design
• Phone: 01273 011148
• Email: spencer@podiumdesign.co.uk
• Address: Main Floor, Clarendon Mansions, 80 East St, Brighton, BN1 1NF
• Website: podiumdesign.co.uk

1. Services

1.1 What We Offer

Podium Design provides creative design services, including but not limited to:

• Graphic design
• Brand identity and logo design
• Website design and development
• Print design
• Marketing materials
• Digital design services
• Consultation services

1.2 Service Scope

Each project will be clearly defined in a separate project proposal, contract, or statement of work (“SOW”) that outlines:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Specific project requirements
• Revision allowances

1.3 Custom Services

All our services are customised to meet specific client needs. We do not provide “off-the-shelf” solutions unless explicitly stated.

2. Client Responsibilities

2.1 Information and Materials

You agree to:

• Provide accurate, complete, and timely information
• Supply necessary materials, content, and assets
• Respond to requests for feedback within agreed timeframes
• Ensure you have rights to all materials provided to us
• Obtain necessary approvals from stakeholders

2.2 Communication

You agree to:

• Maintain regular communication throughout the project
• Designate a primary point of contact
• Provide feedback in a constructive and timely manner
• Attend scheduled meetings and calls

2.3 Legal Compliance

You warrant that:

• Your project complies with all applicable laws
• You have authority to enter into this agreement
• Materials provided do not infringe third-party rights
• The final deliverables will be used lawfully

3. Project Process

3.1 Project Initiation

Projects begin when:

• Terms are agreed and signed
• Initial payment is received (if required)
• Project brief is approved
• All necessary materials are provided

3.2 Revisions and Changes

• Minor revisions are included as specified in the project agreement
• Major changes may incur additional costs
• All change requests must be agreed in writing
• Timeline adjustments may be necessary for significant changes

3.3 Project Completion

Projects are considered complete when:

• All agreed deliverables are provided
• Final approval is received from client
• Final payment is made
• Final files are delivered

3.4 Project Delays

We are not responsible for delays caused by:

• Late client feedback or approvals
• Delayed provision of materials or information
• Client-requested changes to scope or timeline
• External factors beyond our control

4. Pricing and Payment

4.1 Pricing

• All prices are quoted in British Pounds (GBP)
• Prices are exclusive of VAT unless stated otherwise
• Quotes are valid for 30 days unless otherwise specified
• Additional work outside the agreed scope will be charged separately

4.2 Payment Terms

• Payment terms will be specified in each project agreement
• Typically: 50% deposit to commence, 50% on completion
• Invoices are due within 30 days unless otherwise agreed
• Late payments may incur interest charges
• We reserve the right to suspend work for overdue payments

4.3 Additional Costs

You may be responsible for:

• Third-party licenses or stock imagery
• Printing or production costs
• Domain and hosting fees
• Third-party software or services
• Travel expenses (if applicable)

5. Intellectual Property

5.1 Ownership of Final Work

Upon full payment:

• You own the final approved designs
• You receive agreed usage rights
• We retain rights to preliminary concepts and unused designs
• We may retain work samples for portfolio purposes

5.2 Usage Rights

Unless otherwise agreed:

• You receive unlimited usage rights for approved final designs
• Rights are non-exclusive unless exclusive rights are purchased
• We retain the right to use work for self-promotion
• You cannot resell or redistribute our designs to third parties

5.3 Third-Party Materials

• We respect intellectual property rights
• Stock images/fonts require separate licensing
• You’re responsible for ensuring proper licensing
• We cannot guarantee third-party material availability

5.4 Copyright and Attribution

• We may request design credit attribution
• You agree not to claim authorship of our original designs
• We respect your trademarks and brand elements
• Mutual respect for intellectual property rights

6. Website Terms

6.1 Acceptable Use

When using our website, you agree not to:

• Use the site for unlawful purposes
• Attempt to gain unauthorized access
• Upload malicious content or viruses
• Interfere with site functionality
• Violate any applicable laws or regulations

6.2 Content Accuracy

• Website content is for informational purposes
• We strive for accuracy but cannot guarantee all information is current
• Portfolios and case studies are examples of past work
• Results may vary for different projects

6.3 Third-Party Links

• Our website may contain links to third-party sites
• We are not responsible for external content
• Third-party sites have their own terms and policies
• Use of external links is at your own risk

7. Confidentiality

7.1 Mutual Confidentiality

• We respect the confidential nature of your business information
• You agree to keep our business methods and pricing confidential
• Confidential information will not be disclosed to third parties
• This obligation survives termination of our relationship

7.2 Exceptions

Confidentiality does not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is required to be disclosed by law
• Is approved for disclosure in writing

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed with professional skill
• Work will substantially conform to agreed specifications
• We have the right to provide the agreed services
• Final deliverables will be our original work (except third-party elements)

8.2 Disclaimers

• Services are provided “as is”
• We cannot guarantee specific business results
• Success of design work depends on many factors beyond our control
• No warranty is given for third-party materials or services

8.3 Limitation of Warranties

• Our warranties are limited to re-performance of defective services
• Warranties do not extend to third-party materials
• Client modifications void applicable warranties
• Some jurisdictions may not allow warranty limitations

9. Limitation of Liability

9.1 Liability Limits

To the maximum extent permitted by law:

• Our total liability is limited to the amount paid for services
• We are not liable for indirect, consequential, or special damages
• We are not liable for lost profits or business opportunities
• We are not responsible for third-party actions or materials

9.2 Exceptions

Liability limitations do not apply to:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Other matters where liability cannot be legally limited

10. Termination

10.1 Termination by Either Party

Either party may terminate with written notice if:

• The other party materially breaches these terms
• The other party becomes insolvent
• Mutual agreement is reached
• As specified in individual project agreements

10.2 Effect of Termination

Upon termination:

• Payment is due for work completed
• Work-in-progress may be provided at our discretion
• Confidentiality obligations continue
• Intellectual property rights are determined by payment status

10.3 Survival

These provisions survive termination:

• Payment obligations
• Intellectual property provisions
• Confidentiality obligations
• Limitation of liability

11. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters
• Government actions or regulations
• Internet or technology failures
• Pandemics or health emergencies
• Other unforeseeable events

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the jurisdiction of English courts.

12.2 Entire Agreement

These Terms, together with any signed project agreements, constitute the complete agreement between parties.

12.3 Amendments

Changes to these Terms must be made in writing and signed by both parties.

12.4 Severability

If any provision is deemed unenforceable, the remainder of these Terms remains in effect.

12.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights with reasonable notice.

12.6 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

13. Data Protection

Your personal data is processed in accordance with our Privacy and Cookies Policy. By engaging our services, you consent to our data processing practices as outlined in that policy.

14. Dispute Resolution

14.1 Informal Resolution

We encourage resolving disputes through direct communication first.

14.2 Mediation

If direct resolution fails, we agree to attempt mediation before pursuing legal action.

14.3 Legal Action

Legal disputes will be handled in accordance with English law in appropriate English courts.

15. Contact Information

For questions about these Terms of Service, please contact us:

Podium Design

• Email: spencer@podiumdesign.co.uk
• Phone: 01273 011148
• Address: Main Floor, Clarendon Mansions, 80 East St, Brighton, BN1 1NF

16. Updates to Terms

We may update these Terms from time to time. We will notify clients of significant changes by:

• Posting updated Terms on our website
• Sending notice to active clients
• Including notice in project communications

Continued use of our services after changes constitutes acceptance of updated Terms.

By engaging Podium Design’s services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.