Terms of Service
Last updated
These terms govern your use of https://www.brandandcomms.com and set out the framework that applies to engagements with Brands & Comms Ltd. Individual projects are additionally governed by a signed statement of work, which takes precedence where the two differ.
1. Using this website
You may view, download and print material from this site for your own reference. You may not republish it commercially, present it as your own, or use automated systems to extract it at scale without written permission.
We work to keep the site available and accurate, but we do not warrant that it will be uninterrupted or free of error, and nothing on it constitutes professional advice for your specific situation.
2. Intellectual property
All content on this site, including copy, imagery, layouts, code and the marks used, is owned by us or licensed to us. Case studies are published with client permission and remain the property of the respective client where relevant.
For client work, intellectual property in the final deliverables transfers to you on receipt of final payment. We retain ownership of our pre-existing tools, frameworks and internal libraries, and grant you a perpetual licence to use them within the delivered work.
3. Engagements and statements of work
Every engagement begins with a written statement of work covering scope, deliverables, timeline, fees and assumptions. Work starts once it is signed and any initial invoice is settled.
Changes to scope are handled through a written change note setting out cost and schedule impact. No change is actioned before you approve it.
4. Fees and payment
Project fees are invoiced in three instalments: on signature, at the midpoint milestone and on delivery. Retainers are invoiced monthly in advance. All invoices are payable within 30 days.
Late payment may attract statutory interest and, where an invoice is more than 30 days overdue, we may pause work after giving written notice.
5. Client responsibilities
Delivery depends on timely access to the people, data, systems and approvals set out in the statement of work. Where those are delayed, timelines shift by an equivalent period and we will confirm the revised dates in writing.
You confirm that any material you supply is yours to supply, and that you hold the necessary rights and permissions for us to use it in the work.
6. Confidentiality
Each party will keep the other's confidential information in confidence and use it only for the purposes of the engagement. This obligation continues for three years after the engagement ends.
We may reference the engagement and publish outcome metrics only with your prior written approval.
7. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be limited.
Subject to that, our total liability arising from an engagement is limited to the fees paid under the relevant statement of work in the twelve months preceding the claim, and neither party is liable for indirect or consequential loss, including loss of profit or anticipated savings.
8. Termination
Either party may terminate an engagement on 30 days' written notice. On termination you pay for work completed and any non-cancellable commitments made on your behalf, and we hand over all completed deliverables.
9. Governing law
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.
10. Contact
Questions about these terms can be sent to info@brandandcomms.com or to either studio address on our contact page.