Kibble Design
Business Terms & Conditions

[Last updated: 30 January 2026]

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1. Overview

These Terms and Conditions apply to all projects and services provided by Kibble Design (“we”, “us”, “our”) to you (“you”, “your”).

Each engagement will be confirmed in a Statement of Work (SoW), which outlines scope, deliverables, timelines, fees, and revision allowances.

If there is any conflict between these Terms and an SoW, the SoW takes priority.

By approving an SoW, accepting a quote, instructing us to proceed by email or message, or making payment, you agree to these Terms.

​The services provided under an agreed Statement of Work are referred to as the ‘Services’

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2. Scope of Work

We will deliver only the Services and deliverables expressly described in the agreed SoW.

Any work requested outside the agreed scope — including additional content, formats, revisions, strategy, or usage — will be quoted separately and must be approved in writing before work begins.

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3. Fees & Payment

• A 50% upfront payment is required before work commences, unless otherwise stated in the SoW.

• Retainer Services require 100% payment in advance for the relevant period.

• The remaining balance is payable in stages or on completion, as outlined in the SoW.

Invoices are payable within 14 days of the invoice date.

We reserve the right to pause work and withhold delivery of final materials if invoices remain unpaid.

Interest may be charged on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act.

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3.1 Invoice Queries
Any queries relating to an invoice must be raised in writing within 5 business days of the invoice date by email to tom@kibble-design.com.

If no query is raised within this period, the invoice will be deemed accepted and payable in accordance with the stated payment terms.

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4. Timelines & Client Responsibilities

Project timelines are indicative only and depend on timely feedback, approvals, and asset delivery from you.

Delays caused by late feedback, incomplete materials, or changes to scope may impact delivery timelines and do not constitute a breach of contract.

You agree to supply all required content, copy, and assets in a clear and complete form before work begins, unless otherwise agreed.

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4.1 Content Production & Shoot Locations
Where Services involve on-site content creation, filming, photography, or recording, you are responsible for ensuring that all locations, individuals, and materials are safe, accessible, and lawful to record.

You must notify Kibble Design in advance of any sensitive, restricted, confidential, or private locations, information, or materials. We reserve the right to pause, modify, or decline Services without liability where such disclosure has not been made.

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5. Revisions & Amendments

Unless otherwise stated in the SoW:

• One round of revisions is included following client review.

• Additional revisions are chargeable at our standard hourly rate.

Revisions do not include changes to agreed direction, concept, or scope.

Emergency, out-of-hours, weekend, or bank holiday work may be charged at a premium rate where agreed in advance.

 

6. Approval & Completion

A deliverable or project is considered approved and complete when:

• written or verbal approval is given, or

• the work is published, distributed, or used by you, or

• the agreed project term has ended.
   

Final deliverables will be released once all related invoices have been paid in full.

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6.1 Printed & Physical Materials
Where Services include printed or physical materials (including but not limited to brochures, leaflets, signage, event materials, or display graphics), final approval must be provided in writing prior to print production. Kibble Design is not responsible for errors, omissions, or costs arising from materials approved by you.

 

7. Intellectual Property & Licensing

All creative work remains the property of Kibble Design until all invoices relating to that work are paid in full.

Once payment is received in full:

• You are granted a non-exclusive licence to use the final approved deliverables for your own business and brand purposes.

• You may adapt, resize, crop, or format the work for use across your own marketing channels, provided this does not materially alter or misrepresent the original intent.

You may not resell, sublicense, supply to third parties, or reuse the work for other brands, products, or businesses without our express written consent.

Source files (including but not limited to PSD, AI, INDD, AEP, raw footage, project files, or editable code) are not included unless expressly agreed in writing.

 

8. Client-Supplied Materials & Indemnity

You confirm that you own, or have obtained all necessary permissions for, any materials supplied to us.

You agree to indemnify and hold Kibble Design harmless against any claims, losses, or damages arising from materials provided by you that infringe third-party rights.

 

9. Data Protection

Where the Services involve the processing of personal data for email marketing or related communications, the parties acknowledge that:

a) the Customer is the data controller and Kibble Design acts as a data processor for the purposes of applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018;

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b) the Customer is solely responsible for ensuring that any personal data supplied to Kibble Design has been lawfully obtained and may be processed for the intended marketing purposes, including that appropriate consent or other lawful basis exists for all recipients;

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c) Kibble Design shall process personal data only on the documented instructions of the Customer and solely for the purpose of delivering the agreed Services;

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d) Kibble Design shall not use, disclose, or retain personal data for any purpose other than providing the Services, except where required by law;

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e) upon completion or termination of the Services, personal data will be returned or deleted within a reasonable period, unless retention is required by law or agreed in writing;

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f) the Customer remains responsible for compliance with the terms, sender requirements, unsubscribe mechanisms, and marketing policies of any third-party email marketing or communications platform used, including platforms such as Mailchimp.

 

 

9.1 Data Security

We take reasonable technical and organisational measures to protect personal data processed in connection with our Services. Access to client data is limited to those required to deliver the agreed Services. We use industry-standard tools and platforms and take steps to prevent unauthorised access, loss, or misuse of data. We do not store personal data longer than necessary for the purposes of delivering the Services or meeting legal obligations.

 

10. AI-Assisted Tools

We may use AI-assisted tools as part of our creative or production process.

Where AI tools are used on client-supplied materials (including images or video of individuals), you are responsible for ensuring appropriate consent has been obtained and recorded.

Any objections to the use of AI tools must be communicated in writing prior to production or publication.

 

11. Third-Party Platforms & Services

We are not responsible for outages, failures, policy changes, performance issues, or losses caused by third-party platforms, software, hosting providers, or tools.

Any third-party licences, subscriptions, or usage fees required for a project are your responsibility unless stated otherwise in the SoW.

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11.1 Third-Party & Influencer Management
Where Services involve coordinating or managing third parties (including influencers, creators, or external suppliers), Kibble Design acts as an intermediary only and is not responsible for the actions, omissions, availability, performance, or compliance of such third parties.

 

12. Portfolio & Promotion

Unless otherwise agreed in writing or restricted by NDA, you agree that we may showcase work created for you for our portfolio, website, and marketing purposes.

This may include anonymised results or visuals.

 

13. Cancellation & Termination

You may cancel a project within 48 hours of signing the SoW.

If cancelled after this point:

• the initial 50% payment remains payable, and

• any work completed beyond this will be invoiced proportionally.

Either party may terminate Services with reasonable written notice. You will remain liable for payment of work completed up to the termination date.

 

14. Limitation of Liability

We provide our Services with reasonable skill and care but make no guarantees regarding outcomes, performance, or results.

Without limitation, we do not guarantee specific engagement levels, reach, conversions, sales, deliverability, or commercial outcomes arising from marketing activities.

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Kibble Design will not be liable for any indirect, incidental, or consequential losses.

Any claim against us is limited to the total fees paid under the relevant Statement of Work.

We do not provide legal, trademark, or intellectual property clearance Services. You remain responsible for undertaking any legal checks required prior to commercial use.

 

15. Subcontracting

We may engage trusted freelancers or subcontractors to deliver parts of a project. All work remains subject to these Terms and Conditions.

 

15.1 Non-Circumvention

Where we engage subcontractors or freelancers to deliver Services on our behalf, you agree that such parties are introduced to you solely for the purposes of fulfilling the agreed Services.

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You agree not to engage, contract with, or instruct any subcontractor or freelancer introduced by Kibble Design to provide similar Services directly, or indirectly, without our prior written consent for a period of 12 months from the end of the relevant project or engagement.

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This restriction does not apply where we provide written consent or where a separate agreement is entered into with our involvement.

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16. Governing Law

These Terms and Conditions are governed by the laws of England and Wales.