Effective Date: 1/1/2026
These Terms and Conditions (“Agreement”) govern all services provided by Expressive Media (“we”, “us”, “our”) to the Client (“you”, “your”). By engaging Expressive Media for any service, you agree to these Terms.
1. Services
Services include but are not limited to:
- Website design and development
- AI integration and automation
- Software development
- API integrations
- E-commerce development
- Graphic design and branding
- Hosting, maintenance and support
- Consulting and digital strategy
- SaaS (Software as a Service) products
All services will be defined in writing via proposal, quotation, invoice, or written confirmation.
2. Deposits & Payment Terms
- A 50% non-refundable deposit is required before work commences unless otherwise agreed.
- Remaining balance due prior to project delivery or launch.
- Invoices payable within 7 days unless otherwise stated.
- Late payments may result in suspension of services.
- Expressive Media reserves the right to charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
3. Project Scope & Revisions
- Work is limited to the agreed scope outlined in writing.
- Additional work outside scope will be quoted separately.
- Delays caused by client may affect delivery timelines.
- Expressive Media reserves the right to charge hourly for additional revisions beyond agreed limits.
4. Intellectual Property
- Upon full payment, the Client owns final delivered project assets.
- Expressive Media retains ownership of pre-existing frameworks, reusable systems, proprietary methods, AI configurations, and development tools.
- Client warrants they own or have rights to materials supplied.
5. AI & Automation Disclaimer
- AI systems may produce inaccurate or unpredictable outputs.
- Client is responsible for reviewing and approving all AI-generated content before use.
- Expressive Media is not liable for business losses resulting from AI outputs or automation failures.
6. AI Compliance for Regulated Industries
If AI is implemented in regulated sectors (e.g., healthcare, finance, legal services), the Client is solely responsible for ensuring compliance with applicable laws and regulatory frameworks including FCA, ICO, MHRA, or other governing bodies. Expressive Media does not provide regulated advice or assume regulatory responsibility unless explicitly agreed in writing.
7. Third-Party Services
Projects may rely on third-party providers including hosting companies, payment gateways, AI providers, CRMs, APIs, or plugins. Expressive Media is not responsible for:
- Service outages
- Pricing changes
- API modifications
- Platform shutdowns
- Security breaches caused by third parties
8. Hosting & Maintenance
- Uninterrupted service cannot be guaranteed.
- Client responsible for content legality and compliance.
- Backups only provided if explicitly included in maintenance plan.
9. Data Protection & GDPR
- Client is responsible for lawful data collection and compliance with UK GDPR.
- Expressive Media acts as data processor only where applicable.
- We are not liable for unlawful data handling by the Client.
10. Limitation of Liability
- Total liability shall not exceed the total project fee paid.
- No liability for indirect, consequential, or loss of profit damages.
- Services provided “as is” without performance guarantees.
11. SaaS (Software as a Service) Clause
- SaaS products are licensed, not sold.
- Access is granted during active subscription period only.
- Expressive Media may modify, update, suspend or discontinue SaaS features.
- No guarantee of uninterrupted or error-free service.
- Subscription fees are non-refundable unless required by law.
12. Service Level Agreement (SLA)
- Standard response time for support: 48 business hours.
- Critical issues: target response within 24 business hours.
- SLA applies only to active maintenance or retainer clients.
- No SLA applies without active service agreement.
13. Recurring Retainer Agreement
- Monthly retainers billed in advance.
- Minimum 30 days notice required for cancellation.
- Unused hours do not roll over unless agreed.
- Scope limited to services defined in retainer agreement.
14. White-Label & Subcontracting
- Expressive Media reserves the right to subcontract work.
- For white-label arrangements, confidentiality will be maintained.
- Client remains responsible for end-client compliance unless otherwise agreed.
15. Cancellation & Termination
- Deposits non-refundable once work has commenced.
- Expressive Media may terminate services for non-payment or breach.
- Outstanding fees remain payable upon termination.
16. Promotion & Portfolio
- Expressive Media may display completed work in portfolio.
- Credit link may be included unless removal requested in writing.
17. Changes to Terms
Expressive Media reserves the right to amend these Terms at any time. Updated Terms apply to future engagements.
18. Governing Law
This Agreement is governed by the laws of England and Wales. Disputes subject to exclusive jurisdiction of the courts of England and Wales.