Terms & Conditions

Welcome to Very Vivid. By working with us or making a payment, you agree to the following terms and conditions, which apply to all projects, retainers, and services.

1. Introduction

These Terms & Conditions apply to all services provided by Very Vivid Ltd (Kirsty Elmer).

By engaging Very Vivid and/or making payment, the client confirms acceptance of these Terms & Conditions.

2. Payment Terms

2.1 Project Work

A 50% non-refundable deposit is required to secure all projects
The remaining balance is due:
- Upon completion, and
- Prior to final file release or website launch

Failure to make final payment will result in:

Withholding of final files
Suspension of website access or launch
Retention of all intellectual property rights by Very Vivid

2.2 Monthly Services (Including The Vivid Effect)

Monthly services are paid in advance
Payment is due on the same date each month
Work will not commence or continue without payment

2.3 Late Payments

All invoices must be paid within 7 days of the invoice date.

Late payments will incur:

A daily late payment fee of £10 per day
(This is fair, enforceable, and commonly used for small agencies — not excessive but enough to discourage delays)

Very Vivid reserves the right to:

Pause all work immediately
Withhold deliverables
Refuse further work until the account is settled

3. Scope of Work

All work is carried out based on an agreed scope.

Anything outside of scope will:

Be quoted separately, or
Deducted from allocated hours (for retainers)

Very Vivid reserves the right to determine what falls within scope.

4. Monthly Retainers (The Vivid Effect)

Each package includes a set number of hours per month
Unused hours do not roll over
Additional hours are chargeable

Minimum Term

All retainers require a minimum 3-month commitment

Cancellation

A minimum of 2 months’ written notice is required
The client is responsible for full payment during the notice period

5. Communication & Working Hours

Very Vivid operates standard business hours but may work flexibly.

Response times are typically 1–2 working days
Immediate responses are not guaranteed

Work is scheduled based on:

Current workload
Project priority
Agreed timelines

6. Revisions & Changes

Projects include a reasonable number of revisions.

Excessive revisions or changes to the original brief may:

Be charged additionally
Extend project timelines

7. Timelines

All timelines are estimates and dependent on:

Client responsiveness
Scope changes
Third-party delays

Very Vivid is not responsible for delays caused by lack of client input.

8. Ownership & Intellectual Property

8.1 Ownership

Full ownership of final deliverables is transferred only upon full payment
Until payment is received in full:
- All work remains the property of Very Vivid
- The client has no legal right to use, publish, or distribute the work

8.2 Non-Payment

In the event of non-payment:

Very Vivid reserves the right to:

Revoke access to websites
Remove websites from public view
Disable hosting and associated services
Withhold all files and assets

8.3 Portfolio Rights

Very Vivid retains the right to:

Showcase all work in portfolio, marketing, and social media

9. Website & Hosting

Websites remain under the control of Very Vivid until final payment is made
Ongoing website performance depends on third-party services (hosting, plugins, domains)

Very Vivid is not liable for:

Server downtime
Plugin conflicts
External service failures

10. Paid Advertising

Ad spend is paid directly by the client
Very Vivid manages campaigns but does not control platform performance

No guarantees are made regarding:

Leads
Sales
ROI

11. Termination

Very Vivid reserves the right to terminate services immediately if:

Payment terms are breached
Communication breaks down
The working relationship becomes unworkable

In such cases:

All completed work will be invoiced
Access to deliverables will only be granted upon full payment

12. Liability