TERMS & CONDITIONS

These Terms and Conditions (“Terms”) apply to all services provided by Barbara Potgieter, trading as Stroke of Luck Studio (“the Studio”, “I”, “me”, “my”).

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By engaging the Studio’s services, approving a quotation, making payment, or instructing the Studio to commence work, the client (“Client”, “you”) confirms that they have read, understood, and agreed to these Terms.

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Electronic Agreement

Electronic approval via email, digital payment, or the submission of project materials constitutes a legally binding agreement under UK law, including the Electronic Communications Act 2000.

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A PDF copy of these Terms is available upon request. The most current version is always available online at www.strokeofluckstudio.co.uk.

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1. Services

The Studio provides freelance creative and strategic services, including but not limited to:

• Graphic Design

• Branding

• Photography

• Web Design

• Creative Direction

• Brand and Creative Strategy

• Visual positioning, concept development, and strategic consultancy

• Other related services as agreed in writing

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The Studio’s services may include both creative execution and strategic input, and are not limited to design output alone.

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Each project shall be individually scoped and delivered in accordance with a written brief or agreement confirmed prior to commencement.

2. Fees and Payment

All fees are stated in pounds sterling (£ GBP). The Studio is not VAT registered; no VAT is charged on invoices.

2.1 Pricing Structure

Services are provided on one of the following bases, as agreed in writing:

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Fixed-Price Projects

• Projects under £300 require full payment in advance

• Projects exceeding £300 require a 50% non-refundable deposit

• The remaining balance is payable prior to release of final deliverables

• Staged payment schedules may be agreed for larger projects

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Hourly Work

• Hourly rates shall be agreed in writing prior to commencement

• Payment is required in advance, unless otherwise agreed

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Day Rates

• Half day: up to 4 hours

• Full day: up to 8 hours

• Payment is required in advance to secure booking

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2.2 General Payment Terms

Unless otherwise agreed in writing:

• All invoices are payable within seven (7) days of issue

• No work shall commence, and no deliverables shall be released, until payment has been received in cleared funds

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2.3 Late Payment

• The Studio reserves the right to charge interest on overdue sums at a rate of 2% per month above the Bank of England base rate, or such rate as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.

• The Studio reserves the right to suspend or withhold services until all outstanding amounts have been paid in full.

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2.4 International Payments

• The Client shall be responsible for all bank charges, intermediary fees, and currency conversion costs.

• The Studio must receive the full invoiced amount in GBP (£).

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2.5 Chargebacks and Payment Disputes

• In the event of any chargeback, payment reversal, or disputed transaction, all rights granted to the Client shall immediately terminate.

• The Studio reserves the right to recover all outstanding sums, together with any associated administrative or legal costs.

3. White Label / Subcontracted Services

Where the Studio provides services on a white-label, subcontracted, or agency basis, the following terms shall apply:
 

3.1 Engagement and Scope

• All work shall be agreed in writing prior to commencement, including scope, deliverables, rates, and timelines.

• The Studio reserves the right to accept or decline such work at its sole discretion and shall schedule such work in accordance with its existing client commitments. No guarantee of priority or fixed turnaround times is given unless expressly agreed in writing.
   

3.2 Invoicing and Payment

• Unless otherwise agreed in writing:

  • Work shall be invoiced monthly based on approved timesheets

  • Timesheets shall be submitted at the end of each calendar month

• The contracting party shall confirm prior to commencement:

  • Timesheet submission requirements

  • Billing cut-off dates

  • Payment terms

• Payment to the Studio shall not be contingent upon, or conditional upon, the contracting party receiving payment from its end client.

All invoices remain subject to the payment terms set out in Section 2.

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3.3 Communication and Instructions

• All instructions, approvals, and requests must be provided via written communication (including email or agreed project management systems).

• Informal communication methods (including messaging apps, phone calls, or verbal instructions) shall not alter agreed scope, rates, or timelines unless confirmed in writing.

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3.4 Responsibilities of the Contracting Party

• The contracting party shall remain solely responsible for:

  • Communication with the end client

  • Obtaining all approvals

  • Managing the end client relationship

  • Securing payment from the end client

  • The Studio shall not contact the end client directly without prior written consent
     

3.5 Confidentiality and Non-Disclosure

• All work carried out on a white-label basis shall be treated as strictly confidential.

• The Studio shall not publicly share, publish, or disclose such work without prior written consent from the contracting party.

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3.6 Non-Interference and Non-Solicitation

• The contracting party acknowledges that the Studio maintains its own independent client base.

• The contracting party agrees that during the course of the engagement and for a period of thirty-six (36) months following its completion or termination, it shall not, directly or indirectly:

  • Solicit, approach, or engage any existing direct client of the Studio

  • Attempt to provide services similar to those offered by the Studio to such clients

  • Interfere with or seek to benefit from the Studio’s client relationships 

without the Studio’s prior written consent.

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3.7 Commercial Terms and Right to Refuse

• The Studio reserves the right to decline or discontinue white-label or subcontracted work that does not meet its standard commercial terms, including rates, minimum fees, or working conditions.

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33.8 Professional Conduct and Non-Disparagement

• Both parties agree to act in good faith and maintain a professional standard in all communications.

• The Client shall not make, publish, or communicate any false, misleading, or disparaging statements about the Studio, its business, or its reputation, whether privately or publicly (including to clients, within industry settings, or on social platforms).

• The Studio reserves the right to seek appropriate remedies, including injunctive relief and/or damages, in the event of a breach.

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3.9 Survival

• The obligations under this Section, including confidentiality, non-interference, and non-disparagement, shall survive termination of the agreement.

 

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4. Rush or Expedited Work

4.1 Availability and Agreement

• Rush or expedited work is subject to availability and must be agreed in writing prior to commencement.

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4.2 Rush Fees

• Rush fees of 25%–50% of the total project fee shall apply, depending on urgency, complexity, and scheduling impact.

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4.3 Project Timelines

• Project timelines shall commence only once all required materials, approvals, and payments have been received.

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4.4 Client Delays

• Delays in the provision of content, feedback, or approvals may result in revised timelines, for which the Studio shall not be held responsible.

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5. Cancellations

5.1 Client-Initiated Cancellations

• All deposits are non-refundable

• If a project is cancelled after work has commenced, the Client shall be liable for all work completed and costs incurred beyond the deposit

• Any outstanding balance shall become immediately due and payable

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5.2 Studio-Initiated Cancellations

• If the Studio cancels a project, any fees paid for incomplete or undelivered work shall be refunded.

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6. Project Scope, Revisions and Support

6.1 Scope of Work

• A written project scope shall be agreed prior to commencement. All work will be delivered in accordance with this agreed scope.

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6.2 Revisions

• Unless otherwise stated, projects include two (2) rounds of revisions.

• Additional revisions or work outside the agreed scope shall:

  • Require written approval

  • Be subject to additional fees and revised timelines

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6.3 Definition of Revisions

• Minor adjustments (including text, layout, or colour changes) are considered revisions.

• Requests for significant changes, new concepts, or departures from the agreed direction shall be treated as additional work.

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6.4 Ongoing Support

• Ongoing support, maintenance, or management is not included unless expressly agreed in writing and may be subject to a separate agreement and fees.

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7. Delivery and Timelines

7.1 Estimated Timelines

• Estimated timelines shall be provided at the outset of the project and are given in good faith based on the agreed scope.

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7.2 Adjustments to Delivery

• Delivery dates may be adjusted where reasonably necessary, including (but not limited to) where:

  • The project scope changes

  • Client feedback or approvals are delayed

  • Required materials or content are not supplied on time

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7.3 Client-Caused Delays

• The Studio shall not be liable for delays resulting from incomplete, inaccurate, or late information provided by the Client.

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7.4 Inactive Projects

• A project may be deemed inactive where the Client fails to provide required materials, approvals, or feedback for a period of thirty (30) days or more.

• In such circumstances, the Studio reserves the right to:

  • Close or reschedule the project

  • Require a revised timeline, updated quotation, or new booking for any resumption of work

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8. Client Responsibilities

8.1 Provision of Materials

• The Client shall provide all content, materials, approvals, and feedback required to complete the project in a timely manner.

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8.2 Rights and Permissions

• The Client warrants that all materials supplied are owned by the Client or properly licensed, and do not infringe any third-party rights.

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8.3 Responsibility for Errors and Delays

• The Studio shall not be responsible for any delays, errors, or additional costs arising from incomplete, inaccurate, or late information supplied by the Client.

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9. Approval and Acceptance

9.1 Review Process

• Work delivered for review shall constitute a request for approval.

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9.2 Approval Timeframe

• The Client shall provide approval or feedback within seven (7) working days, unless otherwise agreed in writing.

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9.3 Deemed Approval

• Where no response is received within this timeframe, the work shall be deemed approved, and the Studio reserves the right to invoice the next stage or final balance.

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9.4 Post-Approval Changes

• Any changes requested after final approval shall be treated as new work and quoted separately.

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9.5 Proofreading and Final Checks

• The Client is responsible for final proofreading, fact-checking, and approval of all content prior to sign-off.

• The Studio shall not be liable for any errors, omissions, or inaccuracies (including but not limited to spelling, grammar, factual content, or legal compliance) once work has been approved or deemed approved.

• Any corrections requested after approval shall be treated as additional work and may be subject to additional fees and revised timelines.

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10. Intellectual Property, Open Files, Portfolio and Usage

10.1 Ownership

• Ownership of final approved deliverables transfers to the Client only upon full payment of all fees.

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10.2 Retained Rights

• All preliminary concepts, drafts, working files, and unused designs remain the intellectual property of the Studio, unless otherwise agreed in writing.

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10.3 Portfolio Use

• The Studio reserves the right to showcase completed work in its portfolio, marketing materials, website, and social media, unless otherwise agreed in writing.

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10.4 Attribution

• The Studio may include a reasonable credit where appropriate (e.g., website footers or published materials). Removal of such credit may be requested in writing.

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10.5 Open / Working Files

• Open or editable files are not included as standard deliverables

• Release of such files is at the Studio’s discretion and may incur an additional fee

• Provision of open files does not transfer intellectual property rights or permit resale, unless expressly agreed in writing