Terms of Service

INTRODUCTION

This Agreement becomes effective when the Client initiates the Agency's Services, referred to as the "Effective Date". It remains in effect until terminated by either the Client or the Agency. The Agency is anonivate®️, a registered business in the United Kingdom and located at 124 City Road, London, EC1V 2NX. The period from the Effective Date until termination is referred to as the "Term".

1. SERVICES

The Agency agrees to deliver digital design and web development services based on the Client's chosen price plan. Details of each plan, including the scope and limitations of services offered, are provided in various formats for the Client’s convenience. These include, but are not limited to, an addendum, the Agency’s website, the dedicated Anonivate®️ Studio client portal, and specific Scope of Work documents. Any services requested by the Client that go beyond the stipulated plan may incur additional charges, subject to agreement between the Agency and the Client.

The Agency offers digital design and web development services under three distinct payment models: retainer, subscription, and one-off projects. This flexible approach is designed to accommodate the diverse business needs of our clients.

One-Off Pricing for Scoped Projects: Ideal for specific, one-time projects, this option provides an upfront quote based on deliverables, split into milestone payments based on the project's scope.

Subscription Model: Offering flexibility for ongoing design and web development support. Clients can easily manage their subscription, including the ability to cancel at any time, providing 4 weeks' notice to their dedicated account manager.

Retainer Model: Designed for stability and long-term engagement, our retainer model is best suited for clients seeking longterm relationships. We offer 6 and 12-month agreements.

Customisation and Additional Requests: Packages are scalable and additional services can be tailored to your request. These requests will be managed through a Service Level Agreement (SLA) or Scope of Work (SOW) agreement, agreed upon by both parties. This agreement will detail the specifics of the service, terms, revisions, and any additional charges. Timeline Adjustments: If additional requests necessitate adjustments to project timelines or deadlines, these will be clearly communicated in advance with the client and may incur additional investment.

Resource Allocation: Should a client require more resources, we are committed to accommodating such requests. The feasibility and timeframe for implementing additional resource allocation will be communicated to the client as soon as possible.

Approval Process: For additional service requests, clients are required to submit a formal request via email. We will then directly contact the client to arrange and discuss the specifics. All aspects of additional service requests, including timeline adjustments and resource allocation, will be communicated with transparency and must be mutually agreed upon.

Billing and Payment Terms for Additional Services: Additional services will be billed separately. For these services. This ensures clarity in financial transactions and commitment to the expanded scope of work.

Termination or Revision of Additional Services: The client or the agency can request termination of the additional services with 4 weeks' notice. This provides flexibility while maintaining the integrity of the project and service delivery.

Conflict Resolution: In the event of any disputes or disagreements relating to additional services, we will engage in a structured resolution process. This process will aim to resolve issues amicably and efficiently, ensuring minimal disruption to the project and maintaining a positive client-agency relationship.

Terms of Engagement: To initiate a service engagement, an SLA and SOW are prepared and signed. A 50% deposit is required to commence new projects or additional services. This process includes any initial consultations and agreement on the project's scope and terms.

Clients should note that any services requested beyond the stipulated package or project scope may incur additional charges. These charges will be subject to agreement between the Agency and the Client.

2. PAYMENT

One-Off Project Payments: For one-off projects, a 50% deposit is required to initiate the project. The remaining balance is structured into milestone payments, as outlined in the project's Scope of Work (SOW). The specific terms, including payment schedules and milestones, will be agreed upon in advance.

Subscription Model Payments: Clients subscribing to our services must pay for the month. Monthly recurring payments are required for the duration of the subscription set up via stripe card payment or Invoicing bank transfer.

Cancellation Policy for Subscriptions: Clients may cancel or pause their subscription at any time but are required to provide 4 weeks notice to the Agency before the next billing cycle to avoid charges for the following month. Retainer Model Payments: Clients choosing the retainer model are entering into either a 6 or 12-month agreement. Payments are due as per the terms outlined in the agreement.

Cancellation Policy for Retainer: A notice period of 3 months minimum is required to terminate a retainer agreement prematurely via email to Anonivate team at [e-mail]

3. REFUNDS

All payments made to the Agency for services are non-refundable, as stipulated in this Agreement, unless explicitly stated otherwise. The decision to issue a refund remains solely at the Agency’s discretion and will be assessed individually for each case.

Cancellation Costs: In the event of cancellation, the Client will be billed for all work completed and expenses incurred up to the time of cancellation.

4. DELIVERY

The Agency will deliver design deliverables in short sprints throughout the week every rolling monthly, based on the timeline of the chosen package. Complex designs may take longer, but the client will always be informed in advance.

5. REVISIONS

With subscription or retainer paid monthly plans, clients are entitled to unlimited revisions, ensuring complete satisfaction with the final results. In contrast, for one- off projects agreed upon at a fixed fee, the number of revisions will be mutually determined by both parties beforehand. This agreement will be outlined in a Scope of Work document.

6. INTELLECTUAL PROPERTY

After full payment is made, the Client has complete rights to the designs or products, allowing them to use them for personal and commercial purposes. The Agency may showcase these designs for promotional purposes, excluding any confidential information; the Client reserves the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.

Confidentiality: Both parties acknowledge that during the course of this Agreement, they may obtain confidential information about each other's business. Both the Agency and the Client agree to retain such information in strict confidence and do not disclose or use it for any purpose outside the scope of this Agreement.

7. THIRD PARTY FONTS

If a project uses fonts that aren't owned by the Agency and need a separate commercial licence ("Third-Party Fonts"). The Agency will notify the client. This notification will clarify that the client must buy the necessary licences for these fonts to legally use the project. The notice will provide details on which licences are needed and how to obtain them. Once the Agency has informed the Client about the use of Third-Party Fonts, the Client is responsible for any issues arising from not purchasing the required licences.

8. CLIENT FEEDBACK

The Client understands and agrees that any questions, comments, suggestions, or other feedback (referred to as a “Submission”) provided to the Agency will become the exclusive property of the Agency. The Agency is not required to treat any Submission as confidential and may use such Submission freely. While the rights related to the design and original source files are addressed in the "Ownership of Materials" section, all other rights related to the Submission belong solely to the Agency. The Agency can use and share any Submission without seeking further permission, giving acknowledgment, or offering compensation to the Client. The Client confirms they have the authority to provide the Submission and waives any claims against The Agency for its use of the Submission in line with these terms.

9 . LIMITATION OF LIABILITY

The Agency's liability is limited to the Client's paid fees and won't cover indirect or special damages.

10. GOVERNING LAW

This Agreement follows the laws of the United Kingdom and Wales.

Either party may terminate this Agreement if the other party breaches any of its obligations and fails to remedy such breach within 30 days of written notice. The Agency may also terminate the Agreement immediately upon non-payment by the Client.

11. FORCE MAJEURE

Neither Agency nor the Client will be held responsible for any delay or failure in performance due to events outside their reasonable control, including but not limited to acts of God, wars, strikes, or natural disasters.

12. DISPUTE RESOLUTION

Should any disputes arise under this Agreement, both Agency and the Client commit to a good faith effort to resolve it through negotiation. If the dispute cannot be resolved through negotiation, both parties agree to attempt to resolve it through mediation before pursuing litigation.

13. WARRANTIES AND REPRESENTATIONS

Both parties represent that they have full authority to enter into this Agreement. The Agency further warrants that the services provided will meet the standards set forth in the Agreement and will be delivered professionally.

14. INDEMNIFICATION

The Client agrees to indemnify the Agency against any claims or losses resulting from the Client's use of the services provided, excluding any claims arising due to the negligence of the Agency.

15. RELATIONSHIP OF PARTIES

This Agreement does not establish an employer-employee relationship, partnership, or joint venture between the Agency and the Client. Both parties are independent.

16. ASSIGNMENT

Neither party may assign their obligations or rights under this Agreement without the prior written consent of the other party. However, the Agency has the right to subcontract its services as needed.

17. NOTICES

All official communications between the parties should be sent via email to the address specified in the Agreement or through registered mail to the Agency’s business address.

18. WAIVER

Failure by either party to enforce any term of this Agreement does not waive that term in future dealings.

19. AMENDMENTS

Any changes to this Agreement must be in writing and signed by both the Agency and the Client.

20. SEVERABILITY

If any term of this Agreement is deemed illegal or unenforceable, the remaining terms will remain in full force and effect.

21. ENTIRE AGREEMENT

This Agreement represents the full understanding between both parties, overriding prior discussions or agreements.

22. CONTACT INFORMATION

Any questions please contact the team at: [e-mail]

Business Address:

124 City Road

London

EC1V 2NX