Terms of Service

This Terms of Service is a legal agreement between you ("Visitor", "User") and Panthera Designs Ltd that defines the terms and conditions for the use of our services.
1. Definitions
In these terms and conditions “the Company” shall mean Panthera Designs and the Customer shall mean the Party with whom the Company enters into a Contract, even if fees are agreed to be invoiced to a nominated third party.

'Deliverables' shall refer to the itemised list of services included in client invoice and client agreement, with all other items considered outside the scope unless otherwise agreed in writing.

2. Contract Terms
These Conditions shall apply to all goods and services supplied by the Company. Any provision, stipulation or condition in the conditions of order of the person, firm or company whom such goods and services are supplied – the Customer – or otherwise which conflicts with or in any way qualifies or negates any of these Conditions shall have no effect and these Conditions shall prevail.

These Conditions are to complement any Project Proposal and Client Agreement drawn up for the person, firm, or company to whom such goods and services are supplied.

3. General Terms
a) Our timelines and costs are based on the availability of client meeting participation and approval. Delay in participation may result in the delay of the whole project, and the company will not bear accountability for any delays in the project as a result of client failure to meet approval, content supply or meeting deadlines.
b) If the delivery of any deliverables is delayed as a result of the client, Panthera Designs reserves the right to invoice in part or in full for any works already completed but contingent on the delivery of the delayed deliverables. The issuing of these interim invoices may occur outside of the agreed payment schedule.  
c) Image sourcing is not included in the quote and scope unless it has been agreed beforehand All content supplied must be provided within one email as attachments, or one dropbox/drive link/wetransfer For print, all print templates, specs, and cutter guides must be provided before the start date Website content which the client supplies to us must contain all text and images and should be clearly labelled by hierarchy (page name, h1, h2, body, etc)
d) The price for any work does not include copy editing, sourcing, or buying/shooting images or footage, unless stated in the deliverables.  
e) Content includes all text, images, brand graphics, logo files. Images must be provided as separate files and not embedded within in any document or otherwise.
f) For print projects, image assets provided must be print resolution (300dpi/ppi) and logo files supplied in vector format (svg, eps, ai, or pdf)
g) Mock-ups provided in brand guidelines that are outside of the collateral listed are for preview purposes only. If you would like those designs prepared for use for print or otherwise, a formatting fee will be charged.

4. Terms of Payment

The company reserves the right:
a) Payment for all projects must be made by bank transfer or card payment. Any transfer fees will need to be paid by the client when making the payment. All fees will be quoted in Great British Pounds, however, can be quoted in alternative currencies if needed.
b) It is important to note that any payments under £1500, will require fees to be paid in full prior to the commencement of work. The opportunity to pay in instalments may be agreed for any fees that proceed past £1500.
c) To secure the booking and dates required, a 50% non-refundable deposit is required to start working on the project and to book the start dates. The final balance will be due once the project is complete on your approval and requested in order to deliver the final files.
d) Deposits are due within 3 days of receipt of the invoice in order to secure your slot dates. Failure to pay within 3 days will be subject to the slot being released for other clients, and a new start date/timeline will be provided.
e) Any changes to content after the deposit has been paid will be subject to a new invoice. This includes changes/additions to copy, new pages, adding more images. The cost for websites does not include website hosting or platform fees.
f) Final content must be provided prior to start dates for the deliverables. If the content is not provided before those dates, you will be subject to a late fee of £300 and your project will be moved to the next available slot.
g) Contracts always include 2 (two) rounds of revisions, unless agreed prior, for each deliverable (any additional rounds will be charged at a £150 fee per round per deliverable, or £120 per hour if edits are outside of the design scope).
h) The option to have continued work carried out will be available in the form of a retainer. Retainer contracts must be booked 60 days prior to the commencement of work. Payment for the first month must also be made during the booking of your retainer. The first months payment will be non- refundable. Please note to cancel your retainer payments, Panthera Designs will need 60 days notice.9. i) The Retainer fee must be paid on 30 of each month. All payments must be made a month in advance. E.g Payment for November must be paid on 30 Extra hours can be added to your booking at an hourly rate. Unused hours do not rollover into the following month and retainers are non refundable.
j) To invoice the Customer for disbursements incurred by the Company and any such invoice shall be due and payable immediately.
k) To suspend work until such payments are made.
l) All other invoices shall be paid in full within 28 days of the date of invoice unless otherwise agreed in writing.
m) Missed payments, the Company reserves the right to cease all creative or strategic work and take down any website with 48 hours’ notice.
n) Goods or services supplied to or commenced at the request of an agent for the Customer shall be chargeable to that agent as well as to their principal.
o) In the event of high inflation the company reserves the right to review and resubmit contracts and agreements for terms that extend beyond an agreed term of six months duration.

5. Property and Risk in Goods
a) The Customer shall be deemed to have accepted the goods and services on delivery, but the Company shall retain ownership of all materials and goods produced by it to the order of the Customer until all goods and services to the Customer have been paid in full.
b) The risk in the goods shall pass to the Customer upon delivery.
c) Any material made available to the Customer by or on behalf of the Customer shall, while it is possession of the Company or in transit, be at the Customer’s risk and the Company shall not be liable for any loss or damage to such materials however caused and the Customer shall insure the said material accordingly.

6. Non-Solicitation
The Customer will not, directly or indirectly solicit without written approval from Panthera Designs for employment any employees, contractors, or consultants of Panthera Designs or any of its subsidiaries.
In the event of a breach (or threat of a breach) of this agreement, Panthera Designs is entitled to immediate and appropriate injunctive relief, or a decree of specific performance of this agreement, without the necessity of showing any irreparable injury or special damages.

7. Copyright

a) Unless specifically agreed otherwise in writing, the copyright and all other rights of an intellectual property nature in all design, artwork, copy and other work produced by the Company under this agreement shall be and remain the exclusive property of the Company.        
The rights of an intellectual property nature in all design, artwork, copy and other work produced by third parties, except where the Company obtains a valid assignment of such rights from such third parties, shall remain with such third parties but the Company shall, at the customers’ request use its reasonable endeavours to obtain such as assignment in the event that the Customer pays all of the costs and fees involved.  
b) For the avoidance of doubt nothing in this agreement shall require the Company to assign the rights of an intellectual property nature in its work, unless a separate agreement is requested and reached in advance.

a) Prior to project commencement, Panthera Designs are to receive, where possible, all necessary associated information and branding assets, including research, evidence, existing photography and video, logos, typography, colour palettes, image style, existing brand language and tone of voice guidelines, and layout guidelines.
b) All design files must be supplied to Panthera Designs in editable Illustrator format as listed under clause 3 under *General Terms*
c) All necessary images and text will be provided to Panthera Designs prior to project commencement. Failure to do so may delay the project beyond the expected timeframes.
d) Unless clearly specified as otherwise within this proposal, all copy will be provided by the client. Copywriting by Panthera Designs beyond basic editing for grammar, spelling and tone-of-voice will be viewed as out of scope, and will incur additional charges.
e) Unless explicitly stated within this proposal, the population of templates and other variable and/or personalised brand items will be deemed out of scope, and may incur additional charges. If project is delayed or extended over the scheduled time frame due to requests made by the Client or failure to supply content required at any point within the project this will be charged individually.
f) Proposals do not include cost for print collateral or media buying spend (where appropriate).

The Customer shall be responsible for effecting all necessary insurance in respect of any loss, damage or expense that it may suffer directly or indirectly in relation to the provision or non-provision of the Company’s goods and services.

Suspension & Termination
The Company shall be entitled to suspend its performance of the contract if and for so long as the Customer shall be in breach of any of its obligations; and
a) If the Customer is in arrears on any payment to the Company.
b) to determine the contract without notice in the event of the bankruptcy, insolvency or liquidation of the Customer at any time or the levying of any distress, execution or other legal process upon the Customer’s assets or in the event of a receiver being appointed over all or any part of the Company’s assets or in the event of a continuing breach by the Customer of any of its obligations.

10. Force Majeure
The Company shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of God, government action, failure of power supply, equipment failure, pandemic, lock out, strike, default, or failure of subcontractor or suppliers or any other cause beyond its reasonable control and the Company shall not be liable for any loss, damage or expense suffered by the Customer or any third party arising directly or indirectly from any of such matters.

11. Variation

a) These conditions shall not be varied, waived, or modified except in writing under the hand of a duly authorised officer of the Company.
b) These conditions override any differing conditions which may appear on the Customer’s order form or other document.
c) The Company reserves the right to vary these Conditions from time to time subject to giving prior written notice by email to the Customer.

12. Notice

Any notices required to be given under these Conditions shall be in writing.

13. Governing Law

These Conditions shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales.

14. Deliverables
These will be outlined in your Client Agreement.
Last updated December 2, 2023.
If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at enquire@pantheradesigns.com.