TERMS & CONDITIONS
Bean Creative Marketing Ltd
Date of Publication: 25.01.2026 | Revision: 1.07
1. Definitions and Interpretation
1.1. "Agency" refers to Bean Creative Marketing Ltd, registered in England & Wales.
1.2. "Client" refers to the person or entity engaging the Agency for services.
1.3. "Services" includes, but is not limited to, Web Design, Branding, Ecommerce, SEO, Digital Marketing, and Hosting as detailed in the Statement of Work (SOW).
1.4. "Contract" means the agreement between the Agency and the Client, constituted by these Terms and the accepted Proposal or Statement of Work (SOW).
2. Acceptance and Contract Formation
2.1. A Contract is formed upon the earlier of the Client signing the Proposal/SOW, or providing written acceptance of a quote via email.
2.2. Acceptance of a quote indicates full agreement to these Terms and Conditions.
3. Fees and Payment
3.1. A non-refundable deposit of 50% of the total project value is required prior to the commencement of work.
3.2. The remaining 50% balance is due immediately upon completion of the project and prior to the release of final files or website launch. If hosting is included, the first payment is due simultaneously with the final project balance.
3.3. The project includes two (2) rounds of amendments. Additional amendments are charged at £50 per instance. Work outside the original SOW will require a new SOW and is charged at the Agency's standard rate of £55 per hour.
3.4. Invoices not paid by the due date will accrue interest at the statutory rate (8% plus the Bank of England base rate) pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
3.5. Where the Agency explicitly agrees in the SOW to a Deferred Payment Plan (maximum term 3 months), the following terms apply:
(a) The total project fee will be split into equal monthly instalments as detailed in the SOW. Hosting fees (if applicable) will be added to these monthly payments.
(b) Payments must be received by the agreed due dates. Failure to pay on time will result in an Administration Fee of £20 per missed deadline to cover credit control costs.
(c) If the Client fails to pay any instalment within 7 days of the due date, the Payment Plan is automatically revoked, and the entire remaining project balance becomes immediately due and payable.
(d) In accordance with Clause 6.1, Intellectual Property rights do not transfer to the Client until the final instalment has been cleared in full.
4. Client Obligations and Delays
4.1. The Client must supply all necessary text, images, and assets within 72 hours of the project commencement date.
4.2. If the Client fails to provide feedback or assets for a period of 28 days, the project will be deemed "Dormant." In such cases, the project will be archived immediately, any deposit paid is forfeited and becomes null and void, and reactivation of the project is at the sole discretion of the Agency and may incur a fee.
5. Cancellation and Termination
5.1. If the Client cancels the project after commencement, the 50% deposit is strictly non-refundable. If the value of work completed exceeds the deposit, the Agency reserves the right to invoice the difference based on the hourly rate (£55/hr).
5.2. For ongoing services, the following minimum terms apply:
(a) SEO: Minimum term of 3 months.
(b) Hosting: Minimum term of 12 months.
(c) Cancellation requires 30 days' written notice. Notice is deemed received on the day of email delivery or physical postal arrival, not the date of posting.
6. Intellectual Property (IP) and Ownership
6.1. Intellectual Property rights for the final deliverables transfer to the Client only upon payment in full of the final balance.
6.2. The Agency retains ownership of all underlying source code and reserves the right to re-utilise code libraries for other projects.
6.3. For websites built on Node.js, the source code is proprietary. To protect this IP, the Client agrees that the website must be hosted exclusively by the Agency. Transfer of Node.js source code to third-party hosting is not permitted.
7. Warranty and Liability
7.1. The Agency provides a 60-day warranty period commencing from the launch date to fix technical errors free of charge. This warranty explicitly excludes "User Error" (e.g., Client deleting files or altering code) and issues caused by third-party updates (e.g., plugin updates, browser changes, or API modifications) which occur after launch.
7.2. The Agency does not guarantee specific search engine rankings, traffic numbers, or Return on Investment (ROI). Furthermore, the Agency is not liable for negative impacts on rankings or reputation caused by Client actions, including but not limited to publishing blog articles, adverse PR, or responding to reviews.
7.3. The Client indemnifies the Agency against all claims, costs, and expenses arising from any material (text, images, media) supplied by the Client that infringes third-party rights or is deemed defamatory.
8. Accreditation and Marketing
8.1. The Agency reserves the right to display the Client's project in its portfolio, social media, and case studies for promotional purposes.
8.2. The Client agrees to display a "Designed by Bean Creative Marketing" (or similar) link in the website footer.
(a) The Client may request the removal of this credit upon payment of a White Label Fee of £750.
(b) Unauthorised removal of this link constitutes a material breach of contract. The Client shall be liable to pay the Agency £750 as liquidated damages to cover the loss of marketing value and attribution rights.
9. Non-Disparagement
9.1. The parties agree not to make, publish, or allow to be made or published (including on social media, review platforms, or to third parties) any statement which disparages, defames, or negatively impacts the reputation, goodwill, or commercial interests of the other party.
9.2. Nothing in this clause shall prevent either party from:
(a) Making truthful statements as required by law or a court of competent jurisdiction; or
(b) Providing honest feedback internally to the other party during the course of the project to facilitate performance.
10. Governing Law
10.1. This agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.