Terms of Service

1. Services & Membership

The Company provides design services, including, but not limited to: Brand Design, Social Media, Digital Design, Graphic Design, Presentation Design, Print Design, and General Design Support. The Company will give notice to the Client if any requests cannot be fulfilled.

If the Client registers or engages with the Company, the Client agrees to the scope, pricing, and terms, as stated on the subscribed membership and within the terms of service.

The Company offers different membership tiers:

• Core Membership
• Pro Membership

If the Client engages with the Company outside of a membership (non-membership), this will be treated on a per project basis with specific scopes, estimates and payment terms.

2. Payment Terms & Membership Renewal

Monthly Fees: Membership fees are confirmed at the point of purchase or sign up, payable in advance, and may be updated following advance notice from the Company in accordance with these Terms.

Automatic Renewal: Memberships are automatically renewed depending on the chosen membership commitment.

Billing Period: The Client's billing period begins on the sign-up date and continues on a rolling basis.

• Standard Membership – Monthly
• Pro Membership – Monthly/Quarterly/Annually

Third-Party Costs (e.g., but not limited to, travel, third-party print, and production costs): The Client has two options for managing supplier costs:

• Company Managed: The Company handles payment terms with the supplier directly. The Client must pay any upfront costs (including markup) to the Company before the supplier is paid. Any remaining costs will be invoiced to The Client as soon as reasonably possible after the Company receives the supplier's invoice, with payment due from the Client within 30 calendar days.
• Client Managed: The Company acts as a liaison, but The Client is fully responsible for covering costs directly and managing terms with the supplier.

The Company is not responsible for any third-party supplier performance or delays.

Time Spent: Any time spent from The Company, this can be for, but not limited to, design, account management, meetings, communicating with suppliers or the Client, billed accordingly, either as time included in the Client's membership or billed as additional hours.

VAT: All pricing and payments are subject to VAT where applicable.

Payment Issues: Services will pause immediately if payment fails or is late.

Disputes: Issues must be raised within 7 calendar days of payment or invoice date for resolution. The Company is not obligated to investigate disputes after this period.

Fee Increases: The Company reserves the right to increase membership fees or rates with 3 months' written notice to The Client.

3. Cancellation, Termination & Delays

Client Cancellation: The Client may notify the Company of cancellation at any time by emailing Support@StudioOnTap.com. The Client will still need to fulfil the current commitment period.

Refunds: The Company does not issue refunds for the current, ongoing billing period once paid, as access and service capacity have been allocated. The Client will retain access until the end of the commitment period. Accrued additional hours must still be paid in full upon cancellation.

Company Termination: The Company may suspend or terminate services for misuse, non-payment, or breach of these Terms.

Work Transfer: Work-in-progress and completed work may be transferred upon request, provided all outstanding payments have been settled. Including all fees, additional hours, expenses and third party costs have been paid in full.

Non Membership:

• Cancellation Invoicing: The Company reserves the right to invoice for all costs and work incurred up to the point of project cancellation.
• Project Delays: If a project is delayed or placed on hold for 30 days due to lack of communication or non-responsiveness, the Company may invoice the Client for all completed costs.

4. Service Availability & Brief Requirements

The Company's standard working hours are Monday to Friday, 9:00am to 5:30pm UK time, excluding public holidays.

Out-of-Hours Support: If the Client Requests for support outside standard hours (evenings, weekends, UK bank holidays), this will need to be agreed between both parties during standard working hours.

Submitting Requests: Projects are officially processed when submitted via The Company's portal.

Request Changes: With notice to the Client, the Company reserves the right to amend, add, or remove project requests on the portal.

Client's Responsibilities: The Client must provide accurate and complete briefs and ensure The Client has the necessary rights and permissions for all materials submitted. The Client is responsible for reviewing, approving and signing off all deliverables. Once approved, the Company is not responsible for any errors, omissions or issues identified after approval.

Deadlines: The Company reserves the right to extend deadlines where reasonable (e.g., high workload, limited resource, project complexity or changes to the brief), with reasonable notice.

Right to Decline: The Company may decline a brief for reasons including, but not limited to, the brief not being suited to the Company or scope of work being unrealistic. The Company reserves the right to refuse or pause work that is unlawful, offensive, misleading, overly regulated, reputationally damaging, or otherwise poses unreasonable commercial or legal risk.

5. Intellectual Property

The Client owns the final design deliverables created by the Company in response to the approved brief.

The Client owns the final design deliverables specifically created by the Company in response to the Client's approved brief. Draft concepts, working files, source files and unused designs remain the property of the Company unless otherwise agreed in writing.

No intellectual property rights shall transfer to the Client until all fees, additional hours, expenses and third party costs have been paid in full.

After full payment, the Client is granted full rights, unless otherwise agreed in writing, to use, reproduce and distribute the final deliverables for commercial or non commercial purposes, subject to any third party licensing terms where applicable.

The Client irrevocably waives any moral rights in relation to the final deliverables and consents to the Company making edits, adaptations or modifications.

6. Platform & Tools

The Company makes use of third-party platforms for design software, project management, administration, communications, storage, and payment processing. The following represent the core platforms utilised in the Company's operations. By engaging with the service, the Client acknowledges and accepts the terms of:

• ManyRequests: The Company uses ManyRequests to manage projects and communications. It provides a central platform where tasks, deadlines, file uploads and updates are tracked.
• Stripe: Stripe is used by The Company to process payments. It handles transactions, subscriptions, and invoicing, providing a way for clients to pay for services.
• Microsoft 365: The Company relies on Microsoft tools for administration, communications, storage and design. Applications such as Outlook, Teams, SharePoint, and Office are used to manage operations, share information, and create materials.
• Adobe Creative Suite: Adobe software is used by The Company for design and creative production. Programs like Photoshop and Illustrator enable the delivery of design services.
• Dropbox: The Company uses Dropbox for secure archive storage. Completed projects, contracts, and other files are stored to ensure they remain organised, backed up, and accessible when needed.

The Company may, at its discretion, employ additional software, tools, services, or equipment beyond those listed above to support and enhance its operations. This may include cloud-based or subcontracted solutions where required for the Company's ongoing development or to fulfil its operational needs and the Client's brief requests. Where deemed appropriate, the Company will notify the Client in advance and may seek approval if the change is specifically required for a new or ongoing Client brief request.

The Company is not responsible for service interruptions, data loss, downtime or failures caused by third party platforms, software providers or hosting services.

7. Privacy Policy

The Privacy Policy can be accessed via the below link: https://www.studioontap.com/privacy-policy

8. Liability & Jurisdiction

Liability Limitations: The Company is not liable for any indirect, incidental or consequential losses, including loss of profits, revenue, data or business opportunity, nor for any delays or failures caused by events beyond its reasonable control. This includes, but is not limited to, acts of God, natural disasters, war, terrorism, pandemics, government restrictions, labour disputes, power outages, or internet service disruptions that prevent or delay performance of the services.

Limitation of Liability Cap: To the maximum extent permitted by law, the Company's total aggregate liability to the Client shall not exceed the total fees paid by the Client to the Company during the preceding 3 month period.

No Guarantee: The Company does not guarantee specific commercial results, regulatory approval, print accuracy, conversions or business outcomes.

Updates: The Company reserves the right to update these Terms at any time. Continued use of the service constitutes acceptance of any changes.

Claims by Client Third Parties: The Company shall not be liable for any claims, losses, damages or liabilities arising from or relating to any third party connected to the Client, including but not limited to the Client's clients, customers, end users, suppliers, contractors or partners. Nothing in these Terms creates any contractual or other rights for any person or entity other than the Company and the Client.

Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

The parties will attempt to resolve any dispute amicably within 60 days. If the dispute cannot be resolved within this period, the parties agree to attempt mediation before commencing legal proceedings. Each party will bear its own costs in relation to any mediation, unless otherwise agreed in writing or determined by a court of competent jurisdiction.

9. Indemnity

The Client indemnifies and holds harmless the Company against all claims, losses, damages, liabilities, costs and expenses arising out of or in connection with:

• materials, content or data supplied by the Client.
• instructions given by the Client.
• breach of these Terms by the Client.
• infringement of third party intellectual property rights resulting from Client supplied materials.

These Terms constitute the entire agreement between the Company and the Client regarding the services and supersede all prior agreements, understandings, or representations.

By registering or engaging with Studio On Tap, the Client accepts and fully understands all terms.