Terms & Conditions

Introduction (1)
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These Terms and Conditions govern the relationship between Marcus.House ("the Studio" or "Designer") and its clients ("the Client"). By engaging in any services with the Studio, the Client agrees to these terms, which are accessible via the Studio’s website.

Scope of Services (2)
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The Studio provides a range of services, including but not limited to brand design, website design, architecture, interior design, and digital marketing services. The specific scope, timeline, and deliverables for each project will be agreed upon at the outset of the project. The timeline will be determined based on the agreed project scope and start date. If a timeline is not agreed upon prior to the start of the project, a standard timeline of 3-6 months will be assigned.

Payment Terms (3)
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The Studio offers flexible payment models to suit different projects and client needs. These options include:
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- Pay in 3: The project cost is divided into three equal instalments, with specific due dates agreed at the outset.
- Agreed Monthly Instalments: Payment is spread across agreed monthly instalments throughout the project timeline.
- Staged Payments: Payments are made at key project milestones, with a portion due upon reaching each pre-defined stage of the project.

A non-refundable deposit of 25% to 50% (as agreed) is required to commence any project unless otherwise agreed in writing. The remaining balance will be due before project completion and must be paid prior to the delivery of final files or the launch of the website.

Late or missed payments will incur an additional charge of 10% of the outstanding balance every 14 days beyond the issued invoice date. Persistent delays in payment may result in the suspension of services until the outstanding balance is settled. The Studio reserves the right to terminate a project if payments are not made in accordance with the agreed schedule.

Client Obligations (4)
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The Client agrees to provide all agreed materials, feedback, and approvals in a timely manner as part of the project agreement. Any delays in providing these materials may result in adjustments to the project timeline or the addition of extra fees.
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If the Client fails to provide necessary materials, feedback, or approvals within a reasonable timeframe (typically 14-30 days as agreed), the Studio reserves the right to charge additional fees to account for the delay. These fees will be calculated based on the severity of the delay and its impact on the project timeline.

If the Client fails to provide suitable dates for meetings or is unresponsive, leading to project delays, the Studio may impose an additional fee of 10% of the total project fees for each 14-day period of delay.

If delays caused by the Client exceed 30 days, the Studio reserves the right to suspend the project. Before resuming work, a revised project timeline will be discussed, and rescheduling fees may be applied.

The Client is responsible for ensuring that all content, images, and materials provided do not infringe on third-party intellectual property rights.

The Studio will not be held liable for any legal disputes arising from such content. The Studio cannot be held responsible for any delays or issues caused by the Client’s failure to provide feedback, materials, or approvals. The Studio also reserves the right to adjust delivery dates and final project timelines if such delays occur.

The Client must review and approve all deliverables (including design work and content) in a timely manner. The Studio is not responsible for any errors or issues identified after the Client’s approval has been given.

Ownership of Work & Intellectual Property (5)
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Upon final payment, the Client will receive an exclusive, perpetual license to use the final deliverables (including, but not limited to, designs, websites, brand identities, and other materials produced by the Studio). The Client has the right to use the deliverables for the agreed-upon purpose, but the Studio retains ownership of the intellectual property rights to all work produced.

The Studio retains the intellectual property rights for all deliverables, including design drafts, concepts, and final work. The Client is not permitted to sell, license, or transfer the work to any third party without prior written consent from the Studio.

The Studio retains the right to use all final project deliverables for portfolio, marketing, and promotional purposes, both on the website and in any public or private communications, unless otherwise agreed in writing.

If the Client provides any third-party content (such as images, text, or other materials), they must ensure they have the appropriate rights to use them. The Client will hold full responsibility for any intellectual property disputes arising from     third-party materials used within the project. The Studio will not be liable for any legal disputes resulting from the use of these materials.

Any concepts or design drafts not selected or used within the final project remain the intellectual property of the Studio and cannot be used, shared, or repurposed by the Client unless otherwise agreed.
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If a project is terminated or cancelled before completion, the Studio retains ownership of all work completed up to that point, and the Client is not entitled to any use of the materials unless an agreement is reached and payment for the work completed is made.

Project Cancellation & Termination (6)

Client Cancellation: If the Client chooses to cancel the project after work has commenced, all work completed up to the point of cancellation is non-refundable, including any deposits paid. The Studio reserves the right to invoice for any additional completed work that exceeds the value of the deposit.

Studio Termination: The Studio reserves the right to terminate the project if the Client fails to meet payment obligations, provide necessary materials, or communicate in a timely manner. In such cases, the Studio will provide a prorated refund based on the work completed, if applicable. However, if the termination is due to a breach by the Client, the Studio is not obligated to refund any payments.

Rights Upon Termination: In the event of cancellation or termination, the Client will have no rights to use any work created by the Studio, including drafts, concepts, or completed materials, unless a separate agreement is reached and additional payments are made. All intellectual property rights will remain with the Studio until full payment is received.

Termination Due to Delay: If the Client causes a delay of more than 30 days without reasonable communication or justification, the Studio reserves the right to terminate the project. In such cases, the Client will be liable for all completed work and may be required to pay an additional rescheduling fee if the project is restarted at a later date.

Notice of Cancellation: Either party may terminate the project by providing written notice. Upon termination, the Studio will cease all work, and any materials or designs produced up to the point of termination will be invoiced accordingly. The Studio is not responsible for any deadlines or milestones missed as a result of termination.

Revisions & Additional Work (7)

Included Revisions: The Client is entitled to three rounds of revisions per item, where an "item" is attributed to a service (e.g., website design, brand identity). These revisions must stay within the agreed-upon project scope and are to be requested during the active project phase. Any further revisions beyond these three rounds will be considered additional work and will incur extra charges.

Additional Revisions: Any revisions requested beyond the standard three rounds will be billed at an hourly rate of £50. The Studio will inform the Client of the additional costs before commencing the extra work.

Scope Changes: If the Client requests significant changes that alter the original project scope, the Studio reserves the right to re-evaluate the project timeline and cost. These changes may include, but are not limited to, new design elements, additional pages or features, or requests for services outside the initial agreement.

Response Times: The Client must provide feedback on revisions within the agreed project timeline. If feedback is delayed beyond 14 days, the Studio reserves the right to adjust the project timeline and apply additional fees for the delay.

Post-Completion Revisions: Once a project has been completed and signed off, any further revisions will be considered a separate service and invoiced accordingly. This includes any design updates, changes to content, or further adjustments requested after the project has been approved by the Client.

Project Timelines (8)

Estimated Timelines: The Studio will provide an estimated project timeline based on the agreed scope and start date. Typical project timelines range between 3-6 months. While we strive to meet deadlines, timelines may shift due to changes in project scope, client delays, or other unforeseen factors.

Timeline Adjustments: If the Client requests changes or delays the project by failing to provide materials or feedback, the Studio reserves the right to adjust the project timeline accordingly. Any changes will be communicated in advance.

Project Suspension: If the Client causes delays that exceed 30 days, the Studio may suspend the project. A new timeline will be established before resuming work, and a rescheduling fee may apply.

Confidentiality (9)

Mutual Confidentiality: Both the Studio and the Client agree to treat all information exchanged during the course of the project as confidential. This includes, but is not limited to, business strategies, design concepts, financial information, and any proprietary materials shared by either party.

Client Confidentiality: The Studio will not disclose or share any confidential information provided by the Client with third parties without prior written consent, except where required by law or as necessary for the completion of the project (e.g., working with subcontractors or freelancers under similar confidentiality agreements).

Studio Confidentiality: The Client agrees not to disclose any proprietary methods, processes, or design concepts shared by the Studio during the course of the project to any third party, without prior written consent from the Studio.

Exclusions: Confidentiality obligations do not apply to information that:
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- Was publicly available at the time it was disclosed
- Becomes publicly available through no fault of the receiving party
- Is independently developed by the receiving party without reference to the confidential information
- or Is required to be disclosed by law or by a valid court order.

Duration: The confidentiality obligations outlined in this section will remain in effect for a period of 2 years from the completion of the project, unless otherwise agreed in writing.

Limitation of Liability & Indemnification (10)

Limitation of Liability: The Studio’s total liability to the Client for any claim arising out of or in connection with this agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client to the Studio for the specific project that gave rise to the claim.

Exclusion of Liability: The Studio will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, profit, data, or business opportunities, even if the Client has advised the Studio of the possibility of such damages.

Data Loss and Security: The Studio is not responsible for any data loss or security breaches caused by third-party hosting     services, platforms, or providers. The Client is responsible for ensuring their own data backup and security measures.

Indemnification by Client: The Client agrees to indemnify, defend, and hold harmless the Studio, its     employees, contractors, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from:
- Any third-party claims related to content provided by the Client (including claims of intellectual property infringement).
- The Client’s failure to obtain necessary rights, permissions, or licenses for content or materials used in the project.  
- Any breach of this agreement by the Client.  

Legal Compliance: The Client is responsible for ensuring that all deliverables comply with applicable laws, regulations, and industry standards, including but not limited to intellectual property, data protection (e.g., GDPR), and advertising standards.

Post-Project Support: The Studio will provide post-project support for 30 days after the project’s completion. Any further maintenance, updates, or support services requested after this period will be considered a separate service and invoiced accordingly.

Force Majeure: The Studio will not be liable for delays or failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government regulations, war, acts of terrorism, or labour disputes.

Dispute Resolution and Scots Law (11)

Good Faith Negotiations: In the event of a dispute between the Studio and the Client, both parties agree to first attempt to resolve the issue through good faith negotiations. Either party may request a meeting to discuss and attempt to resolve the dispute before any formal proceedings are initiated.

Mediation: If a dispute cannot be resolved through direct negotiations within 30 days, the parties agree to submit the dispute to mediation. The mediator will be mutually agreed upon, and the costs of mediation will be shared equally by both parties. Mediation will take place in Scotland.

Arbitration: If the dispute cannot be resolved through mediation, it will be referred to binding arbitration in accordance with the Arbitration (Scotland) Act 2010. The decision of the arbitrator will be final and binding on both parties, and the costs of arbitration will be shared equally unless otherwise decided by the arbitrator.

Time Limitation for Claims: Any claims or disputes arising out of or related to this agreement must be raised within 6 months of the project’s completion. After this period, both parties waive the right to bring any claims related to the agreement.

Confidentiality of Dispute Resolution: Both parties agree to keep all aspects of the dispute resolution process, including any negotiations, mediation, or arbitration proceedings, confidential.

Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of Scotland. Any legal proceedings arising from this agreement will be conducted in the courts of Scotland, and both parties consent to the jurisdiction of the Scottish courts.

Legal Fees: In the event of any legal action to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover reasonable legal fees and costs from the other party.

Miscellaneous Provisions (12)

Entire Agreement: These terms and conditions represent the entire understanding between the Studio and the Client regarding the services provided via this website and any individual contracts agreed upon. It supersedes all prior agreements, discussions, and representations, whether written or oral. Any amendments to these terms or individual project contracts must be made in writing and agreed upon by both parties.

Assignment: The Client may not assign or transfer any of their rights or obligations under these terms or any related contract without the prior written consent of the Studio. The Studio reserves the right to assign or subcontract portions of the work, provided that such subcontractors are subject to the same confidentiality and contractual terms.

Severability: If any provision of these terms or contracts is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that best reflects the original intent.

No Waiver: The failure of either party to enforce any provision of these terms or contracts will not be considered a waiver of that provision or any other provision. A waiver is only valid if provided in writing by the party granting the waiver.

Force Majeure: Neither party shall be liable for any delay or failure to perform their obligations under these terms or contracts if such delay or failure is due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, labour disputes, or acts of terrorism.

Notices: All communications or notices under these terms or contracts must be made in writing and delivered via email or registered post to the contact details provided by the parties at the start of the project or via the contact details listed on the Studio’s website. Notices will be considered effective upon receipt.

Headings: The headings in these terms or contracts are for convenience only and do not affect the interpretation of the terms.