Purple Dinosaur will only commence work once an order has been placed by either phone, email or in writing and a commissioning invoice issued. In most cases we will allow enough time for the commissioning invoice to be paid in advance of work commencing. No work will be presented or delivered in any circumstances until this initial commissioning payment is settled in full.
An ‘order’ is deemed to be a verbal or written contract between Purple Dinosaur and the Client including telephone and email agreement. Invoices will be generated and issued electronically and sent by email to the Client. Our preferred method of payment is Bank Transfer. The details of our account will be included on all invoices.
Purple Dinosaur accept no legal liability for loss or damage caused by any work carried out by Purple Dinosaur. All quotations are valid for a period of 30 days only.
These Terms and Conditions supersede all previous agreements or understandings. Acceptance and or payment of a quotation, estimate or invoice constitutes agreement and full acceptance of these Terms and Conditions. The most up-to-date version of these Terms and Conditions will always be available on our website.
At Purple Dinosaur we reserve the right to terminate a project if;
- Client behaves poorly and affects the workflow of a project.
- Client shows a lack of focus in getting a project finished through no communication after 30 days.
- Client shows excessive micromanaging, demonstrates a continued lack of trust in Purple Dinosaur or inability to make progress with the project.
If any of these circumstances arise the deposit will be non-refundable.
- Scope and services
All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Where there is a change of brief, Purple Dinosaur will inform the Client in advance of any extra costs likely to be incurred.
- Supplied Materials
It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Purple Dinosaur by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Purple Dinosaur will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
- Phase Approvals and Cancellation
Projects are often structured with clear phases to assist with the smooth delivery of work. Once a phase is approved and we move the next, reopening a previous phase will require a change order which will be quoted for at time of reopening, proportional to the amount of effort required.
If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Purple Dinosaur judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time, printing press time or any other supply costs accruing.
Purple Dinosaur shall not be held responsible from any default on agreed deadlines where that delay occurs as a result of any lack of communication or essential feedback from the Client or any Client associates.
- Key Stakeholders and project input
The Client agrees to identify and communicate all key stakeholders who will have input or sign-off authority during the design and development process at the outset of the project. This ensures alignment and efficient progress throughout each project phase.
Stakeholders added after the project has commenced, particularly after a design phase has been completed, may result in the need to revisit and revise earlier work. In such cases, additional time and costs may be incurred to accommodate retrospective feedback, and a revised estimate will be issued prior to any further work being undertaken.
It is the responsibility of the Client to manage internal approvals and provide consolidated feedback to Purple Dinosaur, so that the project can progress without undue delays or duplicated work.
- Promotional Use of Creative Concepts and Final Deliverables
Purple Dinosaur reserves the right to use both initial creative concepts and final approved design work for the purposes of Purple Dinosaur’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
- No Speculative Work
Purple Dinosaur does not undertake speculative work or unpaid pitches. All creative work, including concepts, mock-ups, or proposals, is chargeable unless expressly agreed in writing prior to commencement. Submission of ideas or creative direction does not grant the Client any rights to use, share, or develop those ideas without full payment and written agreement.
- Indemnity
The Client agrees to indemnify, defend, and hold harmless Purple Dinosaur, its employees, agents, and subcontractors from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
- Any content (including images, video, copy, or data) provided by the Client that infringes the intellectual property, privacy, or publicity rights of a third party;
- The Client’s use or misuse of deliverables outside the agreed terms.
- This indemnity remains in force both during and after the completion of the project.
- Limitation of Liability
To the fullest extent permitted by law, Purple Dinosaur’s total liability to the Client for any claim arising out of or in connection with any project or agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amount paid by the Client for the specific project giving rise to the claim, or specific deliverables related to the perceived infraction for retainer agreements.
Under no circumstances shall Purple Dinosaur be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of data or goodwill;
- Indirect or consequential loss or damage.
- Payment Terms
Purple Dinosaur reserve the right to require a first payment or ‘deposit’ of between 30% and 50% of the agreed total costs before any work will be carried out. For work of value less than £1000 Purple Dinosaur reserves the right to invoice for full payment, and receive full payment of said invoice, before any work commences.
When work has been completed, the final balance of payment is then due in accordance with our terms of payment, stated on the initial estimate and/or each invoice. Upon completion, if the Client decides they no longer want the work, or wish to make changes, they are still obliged to pay for all work that has been done. i.e. if a logo project has been completed, all monies are now due for payment with no exception.
Should the scope of work change during the development of the project, additional costs may be incurred. Purple Dinosaur will submit any price changes to the Client prior to commencing with any such work.
All accounts are payable nett 14 days (unless other prior arrangement has been made) meaning that all monies due to Purple Dinosaur must be paid within 14 days of completion of work and date of issue of the final invoice. Accounts still outstanding 30 days after invoice will be considered ‘in default’ and any client information or services may be suspended. Clients with accounts that are ‘in default’ agree to pay all reasonable costs and expenses, including legal fees in enforcing these Terms and Conditions.
Once a first payment or ‘deposit’ has been paid and work begins, the client is obliged to pay the balance of payment in full, even if the client decides to cancel the project for whatever reason. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If a due payment becomes more than 30 days overdue, Purple Dinosaur reserves the right to request payment in full for the project at that point. Further work will not be conducted until such payment has been received.
In the event that the client fails to respond to communication for a period of 30 days or more, Purple Dinosaur reserve the right to ‘archive’ the project and immediately invoice for all completed work and materials. At this point the project will be on-hold until the scope of work and cost for completion of the project is agreed and any deposit required is paid. There may be a ‘project reactivation’ fee applied.
In the event of illness, or any unforeseen circumstance in relation to Purple Dinosaur, that could affect project completion, an assessment of work completed will be made in which a portion of the deposit could be returned. If the work completed equates to more than the paid deposit then the project will be on hold until further notice. Alternatively, another reasonable solution will be considered.
- Outstanding Accounts
We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Purple Dinosaur reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
We will also claim compensation under the late payment legislation – £40 up to £999 debt, £70 for £1000 to £9999.99 and £100 for £10,000 and above.
Following consistent non payment of an invoice we, or our solicitors, will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.
- Ownership & Copyright
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Purple Dinosaur. The final artwork/digital files will become the property of the client mentioned in this proposal ONLY upon final payment of the project. All previous iterations and concepts remain the property of Purple Dinosaur, and any use of these creative concepts in addition to the final deliverables outlined in the scope of work will be subject to additional fees.
If final payment is NOT received as agreed and set out in the initial proposal, all designs and concepts will remain the property of Purple Dinosaur until payment is received. If there are issues with the final payment, Purple Dinosaur then reserve the right to reuse or amend any of these ideas for other clients or to be used freely as concepts in a portfolio. Should the client attempt to use/ modify/alter/replicate or steal any of the ideas or concepts without making agreed final payment, Purple Dinosaur will take immediate legal counsel.
Purple Dinosaur reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This can be during the project and also on completion. If you have any specific secrecy requirements, please mention this before agreeing to the proposal.
Final payment ensures that ONLY the agreed design becomes the clients property. Any previous ideas/ concepts remain the property of Purple Dinosaur, unless any prior agreement has been made.
Purple Dinosaur reserve the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts and/or shows reluctance in paying the final payment.
Purple Dinosaur does not provide any practical assistance in registering for a Trademark, Copyright or legal name search. If you require a logo to be registered, we encourage you to seek proper legal advice.
- Website Design – Code Ownership and Usage Rights
Unless otherwise agreed in writing, Purple Dinosaur retains full ownership of all source code, development frameworks, and proprietary libraries created or used during the project. This includes, but is not limited to, custom scripts, backend logic, and build tools.
The Client will be granted a non-exclusive, non-transferable licence to use the final compiled code (e.g. HTML, CSS, JavaScript, and deployed assets) strictly for the agreed website or application. This licence permits the Client to operate the website or digital product as intended but does not extend to modification, resale, or reuse of the underlying source code.
If full ownership of the source code is required, this must be requested at the outset of the project. An additional fee may apply, and a separate agreement will be required outlining the transfer of intellectual property rights.
- Ownership of Media Files
Purple Dinosaur retains full ownership of all original source files and raw materials captured during any photography or video production (including RAW image files and unedited video footage). These remain the intellectual property of Purple Dinosaur and are not supplied to the Client unless agreed in writing and subject to an additional fee. These will be stored for 3 years from project shoot date, after which time we do not guarantee to retain these files.
The Client will receive the agreed final deliverables (e.g. edited photographs, video files, or marketing assets) for use as outlined in the project scope. All rights to use, distribute, or publish these final deliverables rest with the Client, unless otherwise stated.
Any request for access to RAW files must be made prior to the shoot and will be subject to approval, additional cost, and a separate usage agreement.
- Print-Ready Files and Proofing
Purple Dinosaur will supply final deliverables in formats as agreed. It is the Client’s responsibility to thoroughly check and proof-read all content, including spelling, grammar, technical specifications, compliance and legal disclaimers before any materials are sent to print, published or otherwise deployed.
Unless explicitly included in the agreed scope of work and charged for accordingly, Purple Dinosaur is not responsible for final proofing of print materials. Any errors identified after files have been approved and sent to print are the sole responsibility of the Client. Additional costs incurred as a result of reprinting or file amendments will be chargeable.
- Consent Forms
Where photography or videography is carried out by Purple Dinosaur or a third party on behalf of the Client, the Client agrees to ensure that all individuals featured in the content sign a Purple Dinosaur Photo & Video Consent Form prior to filming or photography. This form captures consent for the lawful collection, storage, and handling of personal data in accordance with the UK General Data Protection Regulation (GDPR).
The Consent Form covers only the rights for Purple Dinosaur to capture and store media. It does not grant the right to publish or use the content for any marketing or promotional purposes. The Client is solely responsible for obtaining additional usage permissions where required, including for public or commercial distribution.
Purple Dinosaur will not be held liable for any unauthorised use of media where usage consent has not been properly secured by the Client. If no signed consent forms are provided, Purple Dinosaur reserves the right to withhold delivery or usage of any content until appropriate documentation is received.
- Font/Typeface Licensing
Any fonts/typefaces that are purchased for a final design, and/or supporting brand identity assets, are subject to commercial licensing laws. The correct font/typeface licence gives only the owner full rights to use the font/typeface as necessary.
If during the project Purple Dinosaur feel that a commercial font/typeface is appropriate for the development of the Client logo and brand identity, Purple Dinosaur will convey this to the Client before any purchase is made. Upon agreement to its use from the Client, the font/typeface and license must be purchased and/or registered to the Client before the project is finalised.
Purple Dinosaur are bound by font/typeface licensing laws therefore it is against the law for Purple Dinosaur to provide a ‘copy’ of any font/typeface purchased and/or registered to Purple Dinosaur.
If the Client would like to use a font/typeface that Purple Dinosaur have purchased, for commercial use, the Client must purchase the respective font/typeface licence, and register as appropriate. Purple Dinosaur can facilitate the purchase and registering of a font on the Client’s behalf, the cost of doing so will be included on the final invoice.
