Terms of Service

Please read these terms carefully before using our services.

Last updated: December 2024

These Terms of Service ("Terms") govern your use of Formiq's website and services. By accessing or using our services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing and using Formiq's website and services, you accept and agree to be bound by the terms and provision of this agreement.

If you do not agree to abide by the above, please do not use this service.

Services Description

Formiq provides brand identity design, web development, and related creative services including:

• Brand identity system development

• Website design and development

• Animation and motion graphics

• Ongoing brand support and consultation

• Digital marketing materials

User Responsibilities

As a user of our services, you agree to:

• Provide accurate and complete information

• Maintain the confidentiality of your account information

• Use our services only for lawful purposes

• Respect intellectual property rights

• Provide timely feedback and approvals during project phases

• Make payments according to agreed terms

Intellectual Property

Client Content: You retain ownership of all content, materials, and information you provide to us.

Our Work Product: Upon full payment, you will own the final deliverables created specifically for your project. This includes:

• Final logo designs and brand elements

• Website designs and custom code

• Marketing materials created for your brand

Retained Rights: We retain rights to:

• Display work in our portfolio

• Use general methodologies and processes

• Preliminary concepts and unused designs

Payment Terms

Payment terms are specified in individual project agreements and typically include:

• Initial deposit required to commence work

• Milestone payments throughout the project

• Final payment due upon project completion

• Late payment fees may apply for overdue invoices

All payments are non-refundable once work has commenced, except as otherwise specified in writing.

Revisions and Stage Approvals

1.1 Unlimited Revisions Within Phases: The Designer provides unlimited revisions within each discrete phase of the project. The process is structured into defined stages depending on the service type, which may include:

• Brand Strategy

• Direction Setting

• Logo Development

• Stylescape or UI Design Approval

• Brand Presentation

• Website Prototyping

• Animation Direction

• Final File Delivery

1.2 Stage Progression: Progression from one stage to the next shall occur only upon written or verbal confirmation from the Client that the preceding stage has been satisfactorily completed.

1.3 Final Deliverables: Upon final approval of the completed work, the Designer shall prepare and deliver the final deliverables via the Notion project tracker or through an alternative delivery method, if explicitly requested in writing by the Client.

File Delivery and Format

2.1 Final Deliverables: Upon completion of the project, the Client shall receive all applicable final deliverables in high-resolution and source file formats. This may include (but is not limited to):

• .AI (Adobe Illustrator)

• .SVG (Scalable Vector Graphics)

• .PDF (Portable Document Format)

• .PNG (Portable Network Graphics)

• .JPG (Joint Photographic Experts Group)

• .Figma access and files

• .Webflow access and templates

• Video files (.MP4, .MOV)

• Associated brand or animation guideline documents

2.2 File Transfer Method: Files shall be transferred via the Notion workspace designated for the project. Alternate delivery methods may be arranged upon written request.

Client Delay and Inactivity

3.1 Project Pause Policy: In the event the Client fails to provide required feedback, materials, or approvals within ten (10) consecutive calendar days at any stage, the Designer reserves the right to pause the project.

3.2 Project Reprioritization: During such a pause, the Designer may reprioritise other client work without prejudice. The timeline for the suspended project shall be revised accordingly upon re-engagement.

3.3 No Additional Charges: No late fees or interest shall be charged. However, the Designer shall not be held responsible for delays or missed deadlines caused by Client inactivity.

During project pause periods:

• All project timelines will be extended accordingly

• The Designer may allocate resources to other projects

• Resume timeline will be communicated upon client re-engagement

• Client remains responsible for completed work phases

Subcontractors and Third-Party Collaboration

4.1 Subcontractor Engagement: The Designer may, at their discretion, engage qualified subcontractors to support delivery of specific services, including but not limited to:

• Custom-coded website development

• Advanced animation and motion graphics

• Technical implementation and integration

• Specialized programming or development work

4.2 Quality Control: All subcontracted work shall be executed under the Designer's creative direction and quality control, ensuring consistency with project standards and brand requirements.

4.3 AI Usage Policy: The Designer affirms that no artificial intelligence ("AI") tools or platforms shall be used in the creation of core creative output, including:

• Visual design and brand identity creation

• Strategic brand development and positioning

• Animation direction and creative concepts

• Original copywriting and brand messaging

This commitment ensures all creative work maintains human expertise, originality, and strategic thinking.

Client Obligations

5.1 Full Cooperation Requirement: The Client agrees to cooperate fully and provide timely access to all materials necessary for the Designer to execute the scope of services, including:

• All required content, copy, and brand materials

• High-resolution files, images, and digital assets

• Login credentials for relevant platforms and accounts

• Timely approvals and feedback within specified timeframes

• Access to key stakeholders for decision-making

• Brand guidelines, style preferences, and reference materials

Failure to provide required materials or access may result in project delays, timeline extensions, or additional charges for expedited delivery.

5.2 Project Suspension for Non-Compliance: Any failure to deliver the required inputs may result in project suspension and an adjusted timeline, as outlined in Section 3.

5.3 Designer Liability Limitations: The Designer shall not be liable for any missed milestones or impact to results arising from the Client's delay or failure to participate as agreed.

Additional Client Responsibilities:

• Provide accurate and complete information about business goals

• Maintain confidentiality of shared work in progress

• Respect intellectual property rights of third parties

• Make payments according to agreed schedules

• Communicate changes or concerns promptly

Website Hosting and Ongoing Management

6.1 Optional Hosting Services: The Designer may offer hosting services to the Client at an additional cost separate from the project fee. Hosting arrangements, if required, shall be agreed upon in writing and may be invoiced separately or on a recurring basis.

6.2 Maintenance and Support Services: Website maintenance, content updates, and ongoing platform support may be provided by the Designer for a monthly fee under a separate support and maintenance agreement. No such support is included unless explicitly contracted.

Hosting and maintenance services may include:

• Server management and security updates

• Regular website backups and monitoring

• Content management and updates

• Technical support and troubleshooting

• Performance optimization and maintenance

• SSL certificate management and renewals

All hosting and maintenance services are subject to separate agreements and pricing structures, clearly outlined before commencement.

Animation Ownership and Licensing

7.1 Animation Ownership: The Client shall retain full ownership of all final animation deliverables produced under the Agreement, including:

• Visual assets and motion elements

• Custom animated graphics and sequences

• Brand animation guidelines and specifications

• Final rendered video files in agreed formats

7.2 Portfolio and Promotional Rights: The Designer retains the right to display such work in their portfolio and promotional materials, including case studies, website galleries, and marketing communications.

7.3 Third-Party Licensing Compliance: Where animation projects include licensed audio, voiceovers, or soundtrack elements, the licensing terms provided by the subcontractor shall apply. The Client is responsible for ensuring compliance with such third-party terms as disclosed by the Designer.

This includes but is not limited to:

• Stock music and sound effect licenses

• Voice talent usage rights and restrictions

• Font and typography licensing for animated text

• Stock footage or imagery used in animations

The Designer will provide clear documentation of all third-party licensing requirements and restrictions that apply to the final deliverables.

Limitations of Scope

8.1 Third-Party Service Exclusions: The Designer shall not be responsible for third-party service costs or actions including:

• Domain registration and DNS management

• Third-party platform integrations and subscriptions

• Hosting platform subscriptions and server costs

• Printing services and physical production

• Marketing services and advertising spend

• Email marketing platform subscriptions

• Analytics and tracking service fees

• E-commerce platform transaction fees

Unless otherwise agreed in writing, all such services remain the Client's responsibility and are not included in FORMIQ service packages.

8.2 Marketing and Strategy Exclusions: Brand launch, advertising campaigns, social media strategy, and other marketing-related activities fall outside the scope of creative production and are not included in any FORMIQ service package unless separately contracted.

Services explicitly excluded from standard packages include:

• Social media account management and content creation

• Paid advertising campaign setup and management

• Search engine optimization (SEO) services

• Content marketing strategy and execution

• Public relations and media outreach

• Email marketing campaign development

• Market research and competitor analysis

• Brand launch event planning and execution

These services may be available as separate engagements under distinct agreements and pricing structures.

Force Majeure

9.1 Circumstances Beyond Control: Neither party shall be liable for failure or delay in performance arising from circumstances beyond reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, fires, storms)

• War, terrorism, or civil unrest

• Government restrictions, regulations, or sanctions

• Epidemics, pandemics, or public health emergencies

• Significant illness or incapacity of key personnel

• Infrastructure failure or internet outages

• Power outages or utility failures

• Labor strikes or work stoppages

• Supplier failures or material shortages

9.2 Notification and Mitigation: In such cases, the affected party shall notify the other as soon as reasonably possible and use commercially reasonable efforts to resume performance thereafter.

Force majeure procedures include:

• Immediate notification to the other party via email or phone

• Documentation of the force majeure event and its impact

• Regular updates on status and expected resolution timeline

• Implementation of alternative solutions where possible

• Timeline adjustment and project schedule revision upon resolution

Neither party shall be held liable for delays, additional costs, or performance failures directly resulting from force majeure events, provided proper notification and mitigation efforts are made.

Termination

10.1 Termination by Either Party: Either party may terminate this agreement with ten (10) days written notice.

10.2 Client Termination After Work Commencement: In the event of termination by the Client after commencement of work, the Client shall pay for all work completed up to the point of termination, including:

• All completed project phases and deliverables

• Work in progress at the time of termination notice

• Time and resources invested in research and preparation

• Any third-party costs already incurred

10.3 Project Pause for Client Delay: If the Client fails to provide necessary feedback or materials within 10 days, the Designer reserves the right to pause the project. The project timeline will be extended accordingly upon client re-engagement.

10.4 Unforeseen Circumstances: In the event of illness or other unforeseen circumstances affecting the Designer's ability to work, the Designer will notify the Client with proof and reason. The project may be paused for up to 3 months to accommodate recovery or resolution of the situation.

During such circumstances:

• Client will be notified immediately with supporting documentation

• Project timeline will be adjusted to account for recovery period

• Alternative arrangements may be made if possible

• No additional fees will be charged for pause periods

Portfolio Rights

11.1 Portfolio Display Rights: The Client grants the Designer the right to display any work created and to use such work as content creation across various platforms for promotional purposes.

11.2 Usage Rights Include:

• Portfolio website and case study displays

• Social media promotional content

• Marketing materials and presentations

• Industry awards and competition submissions

• Professional networking and business development

• Educational content and process documentation

11.3 Process and Final Outcome: The Designer may showcase both the creative process and final outcomes, including behind-the-scenes content, design iterations, and project development stages.

The Designer will present all work professionally and in a manner that reflects positively on both parties.

Confidentiality

12.1 Confidential Information Protection: The Designer shall not disclose or use any confidential information of the Client for any purpose outside the scope of this Agreement without prior written consent.

12.2 Confidential Information Includes:

• Business strategies and future plans

• Financial information and pricing structures

• Customer lists and market research

• Proprietary processes and methodologies

• Trade secrets and technical information

• Personal information of employees and stakeholders

12.3 Exceptions: This confidentiality clause does not apply to information that:

• Is publicly available or becomes public through no breach by the Designer

• Was known to the Designer prior to disclosure

• Is independently developed without use of confidential information

• Is required to be disclosed by law or court order

The Designer takes client confidentiality seriously and implements appropriate measures to protect sensitive information throughout the project lifecycle.

Ownership

13.1 Client Ownership of Final Work: The final work products are the property of the Client, with the Designer retaining the right to use them as described in the Portfolio Rights clause.

13.2 Transfer of Ownership: Ownership of final deliverables transfers to the Client upon:

• Full payment of all agreed fees

• Completion of all project milestones

• Final approval and sign-off by the Client

• Delivery of all specified files and materials

13.3 Retained Rights: The Designer retains ownership of:

• Design methodologies and processes

• Unused concepts and preliminary designs

• General knowledge and experience gained

• Tools and techniques developed during the project

13.4 Third-Party Elements: Any third-party fonts, images, or components used in the final work remain subject to their respective licensing terms, which the Client must observe.

Governing Law & Entire Agreement

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Complete Agreement: These Terms constitute the complete agreement between you and Formiq regarding our services and supersede all prior agreements, proposals, discussions, and understandings, whether written or oral.

14.3 Modifications: Any changes to these Terms must be made in writing and agreed to by both parties.

14.4 Service Agreement Integration: When you engage our services, these Terms work together with your specific project agreement and our 'Service Terms & Conditions - FORMIQ Design Studio V1.0,' which become part of your service contract.

14.5 Your Agreement: By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Any disputes will be resolved through:

• Good faith negotiation first

• Mediation if negotiation fails

• Arbitration or courts in England and Wales

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when:

• Posted on our website with updated date

• Notification sent to active clients

• 30 days have passed since notification

Continued use of our services constitutes acceptance of updated Terms.

Questions About These Terms

If you have questions about these Terms of Service, please contact us:

Email: hello@formiq.uk

Phone: +44 7719 358066

We're here to clarify any questions about our terms and services.