Brand Strategy. Creative Excellence.
As of January 2026. These terms apply to all work undertaken by James Kindred. By accepting an estimate or signing a written agreement for work to proceed, you confirm that you have read and agree to these terms of business. I reserve the right to update these terms at any time.
Unless we agree on an alternative payment schedule, all projects require an up-front payment of up to 50%, with the balance due upon final sign-off. Invoices must be paid within 14 days of the invoice date.
If a project is cancelled, at least 50% of the total estimated cost remains payable. Cancellation must be given in writing.
Additional work is charged at my standard hourly rate, which is available upon request. Discounts are available for Charities, CICs, and NFPs.
Copyright of materials I create remains with me until fully paid by the client.
Unused proposals remain my property.
I retain the right to use completed work for promotional purposes.
Clients are granted the right to use the final artwork for its intended purpose as agreed in the project brief. However, the client does not own the original artwork files (e.g., .AI, .PSD) or source files, only the provided PDF versions. I retain ownership of all original artwork files and source files.
If the client wishes to obtain the original artwork files or source files, they may purchase them for an additional fee, to be agreed upon on a case-by-case basis.
Estimates are valid for 14 days. If the project scope changes, the price may be revised accordingly.
Additional charges for scope creep or specification changes apply at my standard hourly rate.
By engaging with me, you confirm that you have the authority to make decisions and approve estimates, specifications, and invoices.
Clients must confirm that the provided briefs or scope documents match their expectations.
If a brief or scope is not provided, I may create one and charge for it.
Changes due to unclear or insufficiently defined scopes may incur additional charges.
Clients must provide or indicate the location of necessary materials for the project.
Delays or errors caused by insufficient or unsuitable materials provided by the client may result in additional charges at my standard hourly rate.
Using a website host other than those I recommend may result in additional charges.
Clients are responsible for maintaining the CMS, associated plug-ins, and security patches unless a maintenance agreement is in place.
While I can recommend email hosting options, I am not responsible for email service maintenance or configuration unless agreed upon in writing.
Once visuals are approved and I am instructed to proceed with development, any further design changes will incur charges at my standard hourly rate.
Visuals are typically provided on-screen via services like Figma.
A rolling three-month retainer agreement requires three months' written notice for termination.
Time will be logged for each task. If a client exceeds their allocated time, they will be charged at the standard hourly rate for each additional 30-minute block.
Unused retainer time does not roll over.
If no work is assigned, the monthly retainer fee remains payable and is non-refundable.
In some cases, I may agree to provide services in exchange for equity in the client's venture ("Sweat Equity"). The terms will include:
If I withdraw, work completed up to that point will be invoiced at my standard hourly rate. No equity will be owed for completed work, but the invoice must be paid as per standard payment terms.
Any prior agreements regarding Sweat Equity will become null and void.
Clients are responsible for maintaining content on their CMS-based websites. I am not liable for content loss or site downtime caused by client-made changes.
Workflows are created based on client-provided information. I am not liable for issues post-acceptance.
Client data is securely stored during the project. Once the project is launched, data transfer security is the client's responsibility.
If a client is unresponsive for 30 consecutive days (including weekends and holidays), I reserve the right to cancel the contract. In this case, the client is liable for the full project fee as initially agreed upon, covering work completed and time allocated to the project.
Clients have 5 working days post-web project completion to report any oversights. These will be classified as:
Late payment charges of 8% plus a £30 administration fee apply after 45 days.
If an invoice is more than 45 days overdue, any previously applied discounted rates, whether for project work or retainer agreements, will be revoked. The invoice will be recalculated at my standard hourly rate, and the revised total will become payable.
I hold no liability for consequential, third-party, or financial losses arising from delivery delays or provided products/services.
These terms ensure clarity and a fair working relationship for both parties. If you have any questions or require amendments, please discuss them with me before work begins.