terms & conditions

INTRODUCTION 

These General Terms of Business apply to all Services carried out by the Company, unless specifically varied in accordance with the provisions set out herein. 


DEFINITIONS

In these General Terms of Business:

Agent means any person appointed by a Client as agent, advisor or other intermediary for that Client and who interacts with the Company on behalf of the Client in connection with the Services provided, or to be provided, by the Company to that Client;

Company means SisterVrabd;

Client means any person or persons to whom the Company has agreed to provide services and who is, or are, named as such in any Engagement Terms;

Engagement Terms means any terms agreed between a Client and the Company under which the Company is instructed to provide services to the Client;

Project means the Services provided to a Client;

Privacy Notice means the privacy notice available online at https://sisterbrand.com/privacy-policy; and 

Services means, in respect of any Client, the services specified from time to time in any Engagement Terms between the Company and the Client.

SERVICES

The Company offers branding design and creative content packages as well as one off bespoke packages. The Company shall provide the Services in respect of any Client in accordance with the Engagement Terms with that Client.

The Company reserves the right to choose the appropriate members of the Company to provide the Services for a Client.

If any Client comprises more than one person, the obligations of those persons to the Company under the Engagement Terms with those persons are joint and several. 


PROVISION OF SERVICES

Any engagement of the Company to provide any Services is subject to:

  • compliance with the Company’s internal policies and procedures; and 

  • receipt of any requested payment on account of any fees and/or disbursements of the Company.

  • The Company reserves the right to not accept instructions without providing any reason. 


FEES AND EXPENSES

Fees payable by a Client for the Services shall be as set out in the Engagement Terms between the Company and that Client.  

All Services carried out by the Company are subject to GST (where applicable) at the current rate. 

Unless otherwise stated in any Engagement Terms, invoices will be rendered upon completion of a Project. Payment will be due within 30 calendar days of receipt of the invoice by the Client. The Company reserves the right to make a surcharge of 50% per month, from the date when the payment becomes due, up to and including the date of actual payment. 

The company reserves the right to require a deposit payment from any Client. If applicable, the deposit must be paid prior to the Company undertaking any Services for that Client. The deposit will equate to 50% of fees set out in the Engagement Terms between the Company and that Client. The deposit must be paid in full before the Company commences the Services and is non-refundable. If a deposit is paid, the remaining 50% of fees payable by the Client will fall due upon completion of the Project and within 30 calendar days of receipt of the final invoice by the Client. 

All fees and other charges must be paid in pounds, sterling unless otherwise stated in the Engagement Terms between the Company and the Client.

In the case of more than one Client, or where the fee is to be allocated between Clients, the instructing Client shall be responsible for procuring payment of all fees and any sums due under the Engagement Terms, but each client shall remain jointly and severally liable for the payment in total. 

If a Client fails to pay the fees and disbursements of the Company when due, the Company may, subject to any law or regulation, cease to act for the Client pending payment in full or terminate all or any part of the Engagement Terms between the Company and that Client. Each Client shall promptly on demand indemnify the Company against all liability to any third party of the Company in carrying out any Services for that Client (notwithstanding any termination of any Engagement Terms). 

To the extent that the Company has, on behalf of the any Client, instructed a third party in connection with the provision of any Services to that Client:

  • that Client shall be solely responsible for the fees and expenses of such third party; and;  

  • provided the Company has exercised reasonable care in selecting such third party, the Company has no responsibility to that Client or any other person for any act or omission of such third party. 


LIABILITY 

Upon completion of a Project, the Company shall not be held responsible financially or otherwise for any errors relating to print programming or any end product. 

It is the responsibility of the Client to ensure that all materials, including but not limited to images, diagrams, logos, videos data as well as intellectual property in other media that are supplied to the Company by the Client, have the relevant copyrights, licences and permissions for use in the commissioned projected. 

The Company will not accept responsibility or liability for infringements caused by any wrongly supplied materials. 

The Company cannot guarantee any Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. The Company will not accept liability for any alleged claim from any Client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright protected or registered trademark or brand identity, strapline, colour usage, image style and content, product or otherwise. 

The Company is not liable for any failure or delay in providing any Services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government emergency on a major scale or any social disturbance of extreme nature such as an industrial strike, riot, pandemic, terrorism and war or any act or omission of any third party services. 

The Company is not liable for any consequences of financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings relating to the Services provided to a Client. 

The Company endeavours to provide the Services within given delivery time scales to the best of its ability. However, the Client agrees that the Company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.


COPYRIGHT 

All creative, digital, software files and related correspondence produced during a Project remain the property, physically and intellectually in copyright of the Company until full payment has been satisfied on the Client’s account and all Project costs have been cleared. 

It remains the Client’s responsibility thereafter, to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company. 

The Company reserves the right to use both initial creative concepts and the final approved work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested or agreed with the Client. 


COMMUNICATION

The Company may communicate with each Client (and any Agent of that Client) in writing, by telephone and/or by email and the Company accepts no liability for any data corruption, interception, computer viruses or similar issues, which may arise from that correspondence.

The Company is entitled to accept instructions on behalf of a Client from any person believed by the Company (acting reasonably) to be acting on behalf of that Client or as the Agent for that Client. 


LOSS, DAMAGE OR DESTRUCTION 

Unless otherwise expressly agreed in any Engagement Terms, documents and other items held by the Company on behalf of a Client will be held at that Client’s risk and the Company accepts no liability arising from their loss, damage or destruction.


DOCUMENT RETENTION

The Company is entitled to:

  • retain (and take copies of) documents in the possession of  the Company as a result of providing any Services (notwithstanding any termination of any Engagement Terms); and 

  • destroy any documents held by the Company pursuant to any Engagement Terms from the date falling 11 years after the earlier of completion of the Services specified in those Engagement Terms and termination of those Engagement Terms.


CONFLICTS OF INTEREST 

Each Client acknowledges that the Company may act for any person on any Project including any Project which may be adverse to the interests of that Client and/or related party of that Client and each Client expressly waives any right to request the Company not to act, or to cease acting, in those circumstances. 


DATA PROTECTION AND CONFIDENTIALITY 

The Company is committed to ensuring client data is kept confidential and held in accordance with data protection legislation.

The personal data the Client provides to the Company will be processed in line with the General Data Protection Regulation (GDPR) and the Data Protection (Jersey) Law 2018. 

The Privacy Notice applies to the Company and details how the Company processes data and the rights of individuals in respect of their data. Each Client should ensure that the Privacy Notice is provided to any individuals whose personal data is provided to the Company by the Client and the Client is satisfied that there is a legitimate basis under any applicable data protection legislation for providing such personal data to the Company. 

The Company’s Privacy Notice may be updated from time to time and can be found on its website at https://sisterbrand.com/privacy-policy


COMPLAINTS 

A Client should raise any concerns or complaints with the provision of any Services to that Client with the creative of the Company responsible for providing those Services. To the extent that Client has any further concerns or complaints, these should be raised with the Founder and Lead Creative of the Company (whose details can be found at www.sisterbrand.com.

 

VARIATION OF TERMS 

The Company reserves the right to vary these General Terms of Business at any time without notice. Failure to receive notification of a change does not make those changes invalid. If there is any variation to these General Terms of Business, the Company will publish those revised terms at www.sisterbrand.com.


TERMINATION 

Any Client (or Agent on behalf of that Client) or the Company may, on reasonable notice to the other, terminate all or any part of the any Engagement Terms between the Company and that Client.

The Company may terminate the Engagement Terms between the Company and a Client at any time without penalty and without notice, if that Client fails to comply with the Engagement Terms or the intellectual property protections applicable to any Services provided by the Company to that Client. 

Upon any such termination, the Company reserves the right to invoice that Client for the amount of work the Company assesses to be proportional to the Services provided to that Client, any further compensatory charges for booked design time and any other supply costs accrued. 


GOVERNING LAW AND JURISDICTION

The Engagement Terms between each Client and the Company shall be governed by and construed in accordance with the laws of Jersey and that Client irrevocably submits to the exclusive jurisdiction of the Courts of Jersey.