Agency Contact Information
Matt Butterworth

Folk Creative Limited
2a Luke Street, London EC2A 4NT
t: 44 (0) 207 739 8444
f: 44 (0) 207 033 0018

Last modified : Thursday, January 24, 2008

Terms and Conditions

By accessing any part of Folk Creative Ltd, you shall be deemed to have accepted these terms in full. These terms shall be governed by and construed in accordance with English Law.
These Terms and Conditions may be updated from time to time.

Please contact hello@folk.uk.com or telephone 0207 739 8444 to discuss any amendments, enhancements or issues you may have relating to our services.

Whilst we endeavour to ensure that all information displayed on our website is accurate and up-to-date, the information provided is as is and Folk Creative Limited cannot be held responsible for any actions made based upon the said information. Folk Creative Limited does not accept any liability (including negligence) in respect of third party information or other material made available on, or which can be accessed using, this website.

Outside of scope of works
Before exceeding the costing fee due to an increase in the scope of the project, or due to changes and/or revisions after each stage has been approved, Folk will notify the Client in writing in order to secure written approval before the next stage can commence. In this event, the additional cost to be charged will be agreed at that time. Folk cannot accept responsibility for any delays due to lack of receipt of written approval once request. Any work agreed from time to time to be carried out in addition to the above on a time charge basis will be carried out at the following rates:

Consultancy/Director £1,250.00 per day
Project Manager £688.00 per day
Account Director £1,000.00
Account manager £750.00 per day
Creative Director £1,200.00 per day
Art Director £826.00 per day
Information Architect £715.00 per day
Senior Designer £715.00 per day
Designer £520.00 per day
Copywriter £715.00 per day
Artworker £358.00 per day
Technical Director £1,100.00 per day
Systems Architect £819.00 per day
Senior Developer £715.00 per day
Interactive Developer £650.00 per day
HTML Developer £650.00 per day
Quality Assurance  £312.00 per day
Film Director £1,100.00 per day
Photographer £1,800.00 per day
Video/Audio Editor £830.00 per day

All rates are exclusive of VAT and expenses.
It is assumed that Folk’s work will be completed according to a mutually agreed upon project timeline. If consultancy on this project continues beyond this schedule then this agreement will be open for further negotiation. The assumed completion date of the project will be clearly stated by the assigned project manager.

Expenses
Expenses incurred during the life of the project will be added to the fee value on all invoices submitted. These administrative expenses will include courier, express mail services and all travel costs incurred outside of a 25 mile radius of Folk office in London. The Creative Agency successfully operates a “Fare Share” system where if more than one project can be serviced during a visit then the expenses are fairly split between the projects.

VAT
UK Value Added Tax is not included in the fee quotation and will be charged at the prevailing rate on UK projects only.

Payment Terms
Invoices will normally be submitted in line with the agreed payment schedule and will be payable in pounds sterling. Our terms of payment require settlement within 30 days notice from date of invoice. We reserve the right to charge interest on any invoices which are outstanding after 60 days from date of invoice. If interest is so charged it will be at the rate of 3% over the prevailing Natwest plc base rate on an accruing monthly basis.

Part 4.0 : General Terms of Appointment

4.1 General
Folk carries Professional Indemnity Insurance up to a maximum claim of £1,000,000 for each and every claim. This cover is limited to five years from the Completion Date of the project. Folk will use his best endeavours to ensure that any final printed material specified is suitable for its intended use but will not be responsible for errors in quality and equipment failures or delays caused by manufacturers, contractors, shippers, installers or users. Folk is not responsible for a contractor’s failure to carry out projects in a workmanlike manner or in accordance with contract documents and manufacturers’ recommendations. This proposal will remain valid for thirty (30) days after the date it is written. If the accepted Proposal has not been received at Folk’s offices within 30 days then Folk reserves the right to re-negotiate its terms and conditions.


4.2 Folks Obligations
Folk shall at those points or dates determined by an agreed Timetable obtain the authority of the Client before proceeding with the Services unless otherwise agreed and shall make no material alteration to or omission from the Services without the knowledge or consent of the Client except in case of emergency when Folk shall inform the Client without delay. Folk shall inform the Client on its becoming apparent that the Services and/or Fees and/or any other part of the Appointment and/or any information or approvals that need to be varied. Folk shall confirm in writing any agreement reached.

4.3 Client’s Obligations
The Client will name the person who shall exercise the powers of the Client and through whom instructions shall be given to Folk. The Client shall provide Folk with such information as Folk shall reasonably and necessarily request for the performance of the Services. All such information shall be provided free of charge and at such times as to permit Folk to comply with the Timetable. The Client accepts that Folk will rely on the accuracy, sufficiency and consistency of the information supplied by the Client. The Client will advise Folk on the relative priorities of their requirements, the Budget and the Timetable and shall inform Folk of any variations to any of them. The Client shall give such decisions and approvals as are necessary to enable the Creative team to comply with the timetable. The Client acknowledges that Folk does not warrant the work or products of others nor warrants that the Services will or can be completed in accordance with the Timetable

4.4 Assignment
Neither party shall assign the whole or any part of the benefit or in any way transfer the obligation of the Appointment without the consent of the other in writing.

4.5 Timetable
Folk’s work will be completed according to a Timetable agreed with the Client and /or their agents.

4.6 Payment
Payment for the Services shall be as set out, charged and paid in Part 3: Fees above of this Appointment Before exceeding any estimated fee as indicated in the fee proposal due to an increase in the scope of the project, or due to changes and/or revisions after Stage 1 has been approved, Folk will notify the Client in writing in order to secure written approval. In this event, the additional fee to be charged shall be agreed and at that time. In the event of a delay in the timetable which is outside the control if Folk further fees will be due which is to be agreed between Folk and the Client in writing before Folk proceeds further. All payments under the Appointment shall be payable in instalments as specified in the fee proposal of this Appointment. Where no basis is specified payments shall be made monthly on the basis of Folk’s estimate of the percentage of the Appointment completed. Invoices are required to be settled within thirty (30) days notice from date of invoice. In the event of payment being outstanding after sixty (60) days from the date of the invoice interest will be levied at the rate stated in the fee proposal in accordance with existing legislation.

4.7 Expenses
Administrative expenses incurred during the life of the project will be included as stated in the fee proposal and will be added to the fee value on all invoices submitted. These administrative expenses will include all reasonable costs incurred in telephone, fax, photocopying, printing of drawings, stationary, postage, courier, express mail services and all travel costs incurred. Except as specified in the foregoing paragraph, all other expenses incurred through the life of the project will be charged at cost and itemised on invoices submitted. These include, but are not limited to, air, rail, taxis, motor, accommodation, subsistence, other related travel costs, equipment samples, exceptional printing costs, authorised purchases, authorised use of other consultants and any other authorised exceptional expenditure. The Client may not withhold or reduce any sum payable to Folk under the Appointment by reason of claims or alleged claims against Folk. All rights of set off which the Client may otherwise exercise in Common Law are hereby expressly excluded.

4.8 Records
Folk shall maintain records of expenses and shall make these available to the Client on request.

4.9 Disputed Accounts
If any item or part of an item of any account is disputed or subject to question by the Client, the payment by the Client of the remainder of that account shall not be withheld on those grounds.

4.10 Interest
Any sums remaining unpaid after 30 days of the date of submission of an account shall bear interest at the rate of 3% over the prevailing Bank of England base rate on an accruing monthly basis.

4.11 Payment on Suspension or Termination
On suspension or termination of the appointment Folk shall be entitled to, and shall be paid, fees for all Services provided to that time calculated as incomplete Services and to expenses and disbursements as reasonably incurred to that time. During any period of suspension Folk, shall be reimbursed by the Client for expenses, disbursement and other costs reasonably incurred as a result of the suspension. On the resumption of a suspended Service within six months, fees paid prior to resumption shall be regarded solely as payment on account of the total fee. Where the appointment is suspended or terminated either by Folk or the Client on account of a breach of the Appointment by the Client Folk shall be reimbursed by the Client for expenses, disbursement and other costs reasonably incurred as a result of the suspension and any resumption or termination.

4.12 VAT
Value Added Tax is not included in the fee quotation and will be charged at the prevailing rate on UK. projects only or as required by EC Legislation

4.13 Suspension, Resumption and Termination
Folk shall give reasonable notice in writing to the Client if any circumstances which make it impracticable for Folk to carry out any of the Services in accordance with the Timetable. The Client may suspend the performance of any or all of the Services by giving reasonable notice in writing. to Folk. In the event of the Client being in default of payment of any fees, expenses and/or disbursements Folk may suspend the performance of any or all of the Services by giving notice to the Client in writing. If Folk has not been given instructions to resume any suspended Services within six months from the date of suspension Folk shall request in writing such instructions. after written instructions have not been received within twenty-eight days of the date of such a request Folk shall have the right to treat the Appointment as terminated. The Appointment may be terminated by either party on the expiry of reasonable notice in writing. Should Folk through death or incapacity be unable to provide the Services the Appointment shall thereby be terminated. Termination of the Appointment shall be without prejudice to the accrued rights and remedies of either party.

4.14 Copyright
Copyright in all documents and drawings prepared by Folk and in any work executed from those documents and drawings shall remain the property of Folk. Until paid in full. Commisioned artwork, illustration or photography remains the property of the supplier unless stated beforehand.

4.15 Disputes
Any dispute arising as a result of this agreement will be settled by arbitration in accordance with the Arbitration Act 1950 (in the UK) with particular reference to the provision for settling disputes in the standard form of Creative and marketing, current edition. With reference to International projects, the method of arbitration is to be agreed at the time of appointment.