Crunch Design Limited – Terms and Conditions
Last updated: 11/01/2026

Important: These Terms and Conditions (“Terms”) govern all services provided by Crunch Design Limited (“we”, “us”, “our”) to any client (“Client”, “you”, “your”). They are intended for business-to-business engagements; consumer statutory rights are not excluded where legally applicable. By requesting a quote, instructing us to proceed, approving work, making payment, or otherwise engaging our services you confirm you have read, understood, and agreed to these Terms in full.
These Terms are written to comply with the laws of England and Wales and do not exclude any rights that cannot be excluded by law. Where a specific signed agreement, order form, or quotation exists, that document will take priority over these Terms to the extent of any inconsistency.
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1. Definitions
•    Deliverables: The final files, artwork, designs, source assets, or outputs we supply to the Client.
•    Working Files: Editable or source files (e.g., PSD, AI, Figma, XD, Premiere, source code) and project files used during production.
•    Background Materials: Materials, data, logos, text, images, fonts, audio, video or other assets provided by the Client for use in the project.
•    Third-Party Materials: Any stock imagery, fonts, plugins, music, APIs, libraries or other third-party assets used in Deliverables.
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2. Scope of Services
We will provide the services set out in the written quote, brief, or project agreement. Unless expressly stated, the scope does not include: - Legal, regulatory, medical, tax or other professional advice - Ongoing hosting, server administration, backups, or email system management (unless contracted) - Costs or licences for third-party services (stock, fonts, plugins, apps, domains, hosting, APIs, themes) - Accessibility audits, remedial work, or platform-specific regulatory approvals (unless contracted)
Any work outside the agreed scope will be quoted and charged separately.
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3. Acceptance and Formation of Contract
A contract forms when the Client accepts a written quote, confirms instructions, pays a required deposit, or otherwise instructs us to proceed. For small or recurring low-value jobs a formal signed contract is not required but these Terms still apply.
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4. Client Obligations, Warranties and Representations
The Client warrants and represents that:
- It has full authority to provide Background Materials and to grant the licences required for our use.
- All Background Materials are accurate, lawful, non-infringing, and properly licensed for the intended use.
- The Client will obtain all necessary consents, permissions and licences (including model releases, trademark permissions, music licences, font licences and any other third-party licences) before instructing us or before publication.
- The Client will comply with all applicable laws, regulations, advertising codes, platform rules and industry guidelines when using the Deliverables.
The Client is responsible for reviewing, approving, and clearing Deliverables prior to publication or commercial use.
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5. IP, Ownership, Licences and Working Files
•    We retain ownership of all intellectual property rights in the Deliverables and Working Files until the Client has paid all sums due in full.
•    On full payment the Client receives a non-exclusive, non-transferable licence to use the Deliverables for the agreed purposes and territory. The licence scope (fields of use, duration, exclusivity, and any transfer of copyright) will be set out in the project quote or agreed in writing.
•    Unless expressly agreed otherwise, Working Files remain our property. Where the Client requires assignment or delivery of Working Files, this will be subject to a separate written agreement and may incur an additional fee.
•    The Client grants us an irrevocable, perpetual, worldwide licence to display, publish, reproduce and use the Deliverables for our promotional, marketing, portfolio and case study purposes unless confidentiality was requested in writing prior to delivery.
Open-source and third-party components. Deliverables may include open-source or third-party components subject to their own licence terms. The Client accepts responsibility to comply with those licences and assumes all related risk.
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6. Third-party Materials, Fonts, Music, Stock and APIs
•    We will identify Third-Party Materials where possible, but we are not required to notify the Client of every embedded element during production.
•    The Client must pay for or provide licences for any stock imagery, fonts, music, footage, plug-ins, themes, APIs or other paid third-party components unless the quote expressly includes them.
•    Different licences apply to different uses (print, web, mobile apps, embedding, commercial reproduction). The Client is responsible for ensuring the chosen licence permits their intended use (e.g., merchandising, reselling, large-run print, app embedding, web font views limits).
•    If a licence or rights fee is required after delivery, the Client is responsible for any additional costs, fines, or takedown/removal charges.
API and data licensing: For any work that uses third-party APIs or data, the Client is responsible for complying with the API provider’s terms; any additional fees or restrictions imposed by the provider are the Client’s responsibility.
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7. Data Protection, Personal Data and GDPR
•    Where we process personal data on the Client’s behalf, we will act only on the Client’s documented instructions and, where required, a separate Data Processing Addendum (DPA) will be signed.
•    The Client determines the purpose and means of processing and is the data controller in relation to any personal data the Client provides or instructs us to process.
•    The Client warrants that it has obtained all necessary consents and lawful bases for the processing of personal data and for any publication, marketing or profiling.
•    We will implement appropriate technical and organisational measures to protect personal data we process as a processor. However, we do not accept responsibility for any regulatory fines, penalties or claims arising from the Client’s failure to obtain required consents, lawful bases, or to maintain compliance with data protection law.
•    The Client will reimburse us for any loss, costs or liabilities arising from data breaches, fines or regulatory action caused by the Client’s failure to follow data protection obligations.
Refer to ICO guidance on roles of controllers and processors and for practical steps to comply with UK GDPR. (See ICO guidance.)
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8. Payment Terms, Invoicing and Fees
•    Unless otherwise agreed in writing, payment is due within 7 calendar days of the invoice date.
•    We may require a deposit or staged payments for larger projects. Deposits are non-refundable once work has commenced.
•    An invoice, payment request, reminder or other written notice sent by email, SMS, WhatsApp, call record, or other communication channel shall be valid notice of the payment obligation. The Client may request a formal invoice at any time.
•    All fees are exclusive of VAT or other applicable taxes, which will be shown on the invoice and payable by the Client.
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9. Late Payment, Suspension and Recovery Costs
•    If payment is overdue we may, to the fullest extent permitted by law:
o    Suspend or withhold work, Deliverables, or access to systems
o    Charge statutory interest and fixed recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998
o    Charge additional late fees of £150 or 30% of the outstanding invoice (whichever is higher), where legally permissible
o    Recover any reasonable collection, legal or agency fees incurred in recovering unpaid sums
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10. Revisions, Change of Direction and Additional Work
•    The written quote specifies the number of included revisions. Minor adjustments within the agreed direction are included; new concepts or substantial changes are outside scope and chargeable.
•    If the Client changes the project’s core objectives, style, platform, or requirements after work has begun, we will treat this as new work and quote it separately.
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11. Project Duration, Dormancy, Abandonment and Resumption
•    Where no timeline is agreed, projects must ordinarily complete within the following maximum periods from the project start date unless otherwise agreed:
o    Website & development: 60 days
o    Branding / logo projects: 30 days
o    Single-design items (posters, flyers): 15 days
•    If the Client is unresponsive for 14 consecutive days, the project may be marked dormant or abandoned. We may pause, close or invoice for work completed and re-quote to restart. Resumption work is chargeable at our hourly rate (currently £45 per hour).
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12. Hosting, Domains, Emails and Server Costs
•    Unless otherwise agreed, the Client is responsible for all hosting, domain registration, server, email and third-party service costs.
•    We can assist with setup and transfers, but the Client must pay any provider fees directly and is responsible for account ownership and credentials.
•    Domain name ownership disputes are the Client’s responsibility. We will make reasonable efforts to support transfers but do not guarantee domain transfer success.
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13. Warranties and Disclaimers
•    We warrant that we will provide services with reasonable skill and care.
•    Except as expressly provided, all other warranties, conditions and representations are excluded to the fullest extent permitted by law.
•    We make no warranty that Deliverables will be free from infringement of third-party rights, compliant with all laws, or suitable for any particular purpose — the Client remains responsible for legal clearance prior to use.
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14. Indemnity and Third-Party Claims
•    The Client shall indemnify, defend and hold us harmless from all claims, damages, liabilities, losses, fines, penalties and costs (including reasonable legal fees) arising from:
o    Use, publication or distribution of the Deliverables
o    Any Background Materials or instructions the Client supplied
o    Any breach by the Client of its warranties in these Terms
o    Any failure to obtain licences, rights, consents or releases required for the Client’s intended use
•    We will promptly notify the Client of any claim and may, at our option, control the defence subject to the Client’s obligations to indemnify.
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15. Our Liability and Limitations
To the fullest extent permitted by law:
- Our total aggregate liability for any claim arising out of or in connection with these Terms shall be limited to the total fees paid by the Client for the specific project in the twelve months preceding the claim.
- We exclude liability for indirect, special, consequential or economic loss (including lost profits, loss of business, loss of goodwill, or anticipated savings).
- Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from our negligence, or for fraud.
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16. Force Majeure
We shall not be liable for failure or delay in performing obligations caused by events beyond our reasonable control (including but not limited to strikes, pandemics, government actions, internet or telecommunication failures, fire, flood, or supplier failures). Deadlines will be extended accordingly.
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17. Confidentiality and Publicity
•    Both parties shall keep confidential information secure and not disclose it to third parties except as necessary for performance or as required by law.
•    We may include non-sensitive Deliverables in our portfolio, marketing or case studies unless the Client expressly requests confidentiality in writing prior to delivery (which may be subject to an additional fee).
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18. Conduct, Safety and Staff Protection
•    The Client shall treat our staff, contractors and representatives with respect. We reserve the right to suspend or terminate services immediately if any staff member is subject to abusive, threatening, discriminatory or inappropriate behaviour.
•    Our staff are not personally liable for any claims from the Client.
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19. Subcontracting and Assignment
•    We may subcontract or engage third-party suppliers, freelancers and production partners. We remain responsible for project management but are not liable for the independent acts or omissions of subcontractors beyond reasonable selection and supervision.
•    The Client may not assign rights under these Terms without our written consent.
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20. Dispute Resolution and Governing Law
•    These Terms are governed by the laws of England and Wales. The parties shall attempt to resolve disputes amicably. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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21. Insurance, Audit and Compliance
•    For projects involving regulated sectors or high-risk processing, the Client may require additional assurances, audits or security measures which will be scoped and charged separately. 
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22. Credit, Moral Rights and Author Attribution
•    Unless otherwise agreed, we may credit our work and the creators. Where permissible, contributors waive moral rights to allow normal commercial use of the Deliverables. Some moral rights cannot be waived; in those cases the Client accepts the limitation.
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23. Open Source, Fonts and Component Compliance
•    The Client accepts that Deliverables may include open-source software or third-party components subject to their own licence terms. The Client must comply with those licence terms, including attribution or distribution obligations.
•    The Client must ensure that font licences cover the intended use (desktop, web embedding, app-embedding, merchandising). Any additional licence fees required after delivery are the Client’s responsibility.
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24. Termination
•    Either party may terminate for material breach if the other party fails to remedy the breach within 14 days of written notice. All work completed to the date of termination is payable.
•    We may terminate immediately for non-payment, abusive conduct, or where continuing would expose us to legal, regulatory or reputational risk.
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25. Severability and Waiver
If any provision of these Terms is held invalid, illegal or unenforceable, the remainder shall continue in full force. Failure to enforce any right is not a waiver.
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26. Entire Agreement
These Terms, together with any project-specific written agreement or accepted quote, constitute the entire agreement between the parties relating to the subject matter and supersede prior communications.
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27. How to Contact Us
Crunch Design Limited
1A Overdell Court, Archers Road, Southampton, SO15 2NE
Email: connect@crunchdesign.in
Phone: 07831 497423
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By instructing us, approving a quote, paying an invoice or continuing to work with Crunch Design Limited, you confirm that you have read and accepted these Terms in full.