TERMS & CONDITIONS
Last updated: September 2026

These Terms and Conditions explain how projects with Barbara Potgieter trading as Stroke of Luck Studio are booked and managed.

They are intended to keep things clear and fair for both sides, including what is included in a project, how payment and revisions work, who is responsible for what, and what happens if plans change.

In these Terms:

• “I”, “me”, “my” and “the Studio”* mean Barbara Potgieter trading as Stroke of Luck Studio.

• “You”, “your” and “the Client” mean the business, organisation or individual purchasing the services.

These Terms are primarily intended for clients purchasing services in connection with a business, trade, craft or profession.

If you are purchasing services wholly or mainly for personal use, please let me know before booking, as different consumer rights may apply.

Your quotation, proposal, project brief or other written project agreement, together with these Terms, forms the agreement between us.

Where a specific written project agreement conflicts with these general Terms, the specific project agreement will take priority.

 1. Accepting these Terms

• You accept these Terms when you:

  • approve a quotation or proposal;

  • pay a deposit or invoice;

  • instruct me in writing to begin work; or

  • otherwise confirm in writing that you wish to proceed.

• Written agreement can include email or an agreed project management system.

• Electronic acceptance is sufficient for us to form an agreement. A physical signature is not normally required.

• You should review these Terms before confirming a project.

 2. Services

• Stroke of Luck Studio provides design, communications and related creative services, which may include:

  • graphic design and layout;

  • branding and visual identity;

  • website design and Wix website development;

  • content shaping and communications support;

  • brochures, sales materials and promotional collateral;

  • print and production artwork;

  • brand and product photography;

  • creative direction;

  • ongoing creative support;

  • freelance, subcontracted and white-label services; and

  • other related services agreed in writing.

• The exact scope and deliverables for each project will be set out in the relevant quotation, proposal, email or other written agreement.

2.1 Content and communications support

• Communications support may include helping to structure, organise, refine or clarify existing information and content.

• This may include website content, brochures, blogs, customer communications, sales materials and similar business content.

• Unless specifically agreed otherwise, these services do not constitute specialist copywriting, legal advice, public relations, marketing management, regulated advice or professional advice in another specialist field.

• Where specialist input is required, I may recommend that you engage an appropriate professional.

 

3. Quotations

• Unless otherwise stated, quotations are valid for 14 days from the date of issue.

• After this period, pricing and availability may be reviewed before the project is booked.

• A quotation is based on the information and requirements available when it is prepared.

• If the scope, content, deliverables, timings or requirements change after the quotation has been accepted, I may provide a revised quotation or charge separately for additional work.

• Acceptance of a quotation does not reserve Studio time until any required initial payment has been received.

4. Project scope

• The agreed quotation, proposal or written brief will define the scope of the project.

• Anything not included in the agreed scope is not included in the project fee. 

• If you request additional work or a change to the agreed scope, I will confirm any effect on the price or timetable before proceeding.

• Additional work will be quoted separately. Depending on the nature and extent of the work, this may be priced as a fixed fee or a time-based charge.

• The price and any revised timetable must be approved in writing before the additional work begins.

 

5. Fees

• All fees are stated in pounds sterling (GBP).

• Stroke of Luck Studio is currently not VAT registered, so VAT is not added to invoices.

• If the Studio's VAT status changes, VAT will apply where legally required to future taxable supplies.

• Most defined projects are priced as a fixed project fee based on the agreed scope.

• The underlying time estimate used to calculate a fixed fee does not convert the project into an hourly arrangement.

6. Payment

•  6.1 Projects under £300

  • Projects with a total fee below £300 are normally payable in full before work begins.

• 6.2 Projects over £300

  • Projects over £300 normally require:

    • 50% before work begins, with the remaining balance payable following final approval and before final deliverables are released.

  • For website projects, final payment may be required before the website is transferred, connected to the Client's account or launched.

  • Different staged payment arrangements may be agreed for larger projects.

• 6.3 Hourly and ad-hoc work

  • Hourly work may be payable in advance or invoiced as agreed in writing.

  • A minimum charge may apply.

• 6.4 Ongoing support

  • Monthly or ongoing creative support is normally payable in advance.

  • The relevant agreement will confirm:

    •  the amount of time or support included;

    •  how requests should be submitted;

    •  any restrictions on use;

    •  whether unused time expires or rolls over; and

    •  how the arrangement may be ended.

  • Unless otherwise stated, unused monthly time does not automatically roll over into later months.

•  6.5 Cleared funds

  • Payment is not treated as received until funds have cleared.

  • Final files and deliverables may be withheld until all amounts due for the project have been paid.

7. Third-party and additional costs

• Unless specifically included in the quotation, project fees do not include third-party costs such as:

  • printing;

  • courier or delivery costs;

  • stock imagery;

  • commercial fonts;

  • plugins or applications;

  • hosting;

  • domain registration;

  • Wix subscriptions;

  • specialist suppliers;

  • travel; or

  • other external expenses.

• Where I need to incur a third-party cost on your behalf, advance payment may be required.

• Where I manage third-party production or procurement, an agreed administration or handling margin may be included in the price.

8. International payments

• Where payment is made from outside the UK, you are responsible for bank fees, intermediary charges and currency-conversion costs.

• Stroke of Luck Studio must receive the full amount shown on the invoice in GBP unless another arrangement has been agreed.

9. Late payment

• Invoices are payable by the due date shown on the invoice.

• Where a qualifying business-to-business payment becomes overdue, I reserve the right to claim statutory interest, fixed compensation and reasonable recovery costs available under the Late Payment of Commercial Debts (Interest) Act 1998.

• I may also suspend:

  • work in progress;

  • release of files;

  • website launch or transfer;

  • ongoing support; and

  • future bookings

while an invoice remains overdue.

• Any timetable affected by non-payment may be rescheduled according to Studio availability once the account has been brought up to date.

• An unjustified chargeback, payment reversal or disputed transaction does not remove your obligation to pay amounts properly due under the agreement.

10. Client responsibilities

• You agree to provide the information, content, files, access, approvals and feedback reasonably required to complete the project.

• You are responsible for ensuring that information supplied by you is accurate and complete.

• You must also tell me before work begins about any particular:

  • legal requirements;

  • regulatory requirements;

  • brand standards;

  • accessibility requirements;

  • confidentiality restrictions;

  • technical specifications; or

  • deadlines

that the work must meet.

• I am not responsible for delays, additional costs or errors arising from inaccurate, incomplete or late information supplied by you.

11. Client-supplied materials and permissions

• You confirm that you own, license or otherwise have permission to use any materials you supply to me.

• This includes:

  • text;

  • photographs;

  • illustrations;

  • video;

  • logos;

  • trademarks;

  • fonts;

  • music;

  • data; and

  • other intellectual property.

• You are responsible for claims arising from materials supplied without appropriate rights or permission, except to the extent that a claim results from my own unauthorised use or alteration.

12. Communication and instructions

• Formal project instructions, approvals, cancellations and changes to scope should be provided in writing.

• Email or an agreed project management system will normally be treated as the main written record.

• Instructions given during calls, meetings or messaging apps may need to be confirmed in writing before they change the agreed scope, price or timetable.

• No informal conversation changes an agreed project fee or scope unless the change is subsequently agreed in writing.

13. Timelines

• Project timelines are estimates provided in good faith based on the agreed scope and Studio availability.

• A project cannot normally begin until I have received:

  • any required initial payment;

  • the content and assets needed to start;

  • necessary login details or access; and

  • any other required information.

• If these items arrive later than agreed, the project timetable may move.

• If your feedback, content or approval is delayed, I cannot guarantee that the original completion date will remain available.

• The project will be rescheduled around existing Studio commitments.

14. Rush and priority work

• Rush or expedited work is subject to availability and must be agreed before work begins.

• An additional rush fee may apply where a project requires priority scheduling, compressed production time, evening or weekend work, or the rearrangement of existing Studio commitments.

• The applicable fee will be confirmed before the rush work is accepted.

• A priority timetable begins only once all required content, materials and payments have been received.

5. Inactive projects

• If I am waiting for content, information, approval or feedback from you for **30 days or more**, I may treat the project as inactive.

• I may then:

  • remove the project from the active production schedule;

  • invoice for work completed;

  • require outstanding invoices to be paid;

  • provide a new completion date;

  • require a new booking; or

  • revise the quotation where circumstances or requirements have changed.

• Restarted projects are scheduled according to current Studio availability.

16. Revisions

• Unless the quotation states otherwise, projects include two rounds of reasonable revisions.

• A revision is an adjustment to work created within the agreed direction and scope.

• Examples may include reasonable changes to:

  • text;

  • colour;

  • imagery;

  • layout;

  • formatting; or

  • other details.

• Feedback should be consolidated and provided together for each revision round.

• Substantially different concepts, rewritten content, additional pages, additional deliverables or a change of creative direction are not considered revisions.

• These requests, and any revisions beyond the two included rounds, will be treated as additional work and quoted separately in accordance with section 4.

17. Proofs and approval

• You are responsible for reviewing proofs and work supplied for approval carefully.

• Before approval, you should check all relevant:

  • spelling and grammar;

  • names;

  • telephone numbers;

  • email addresses;

  • web addresses;

  • prices;

  • dates;

  • factual information;

  • product information;

  • links;

  • images;

  • page order;

  • legal statements; and

  • other content.

• I will take reasonable care when preparing work, but you remain responsible for the final accuracy and legality of information supplied or approved by you.

• Final approval should be provided in writing.

• Approval confirms that you are satisfied that the work meets the agreed brief and that you have completed your final checks.

• Once work has been approved, subsequent changes are treated as additional work.

 

• 17.1 No automatic authority to print or publish

  • Silence is not treated as authority for me to send artwork to print, publish a website or release something publicly on your behalf unless we have specifically agreed otherwise.

  • Where feedback or approval is not received within seven working days, however, I may pause the project, remove it from the production schedule and invoice for work completed to that point.

18. Complaints and problems with delivered work

• If you believe that any part of the work does not meet the agreed scope or has not been supplied with reasonable care and skill, you must notify me in writing as soon as reasonably possible.

• For any issue that was reasonably apparent when the work was delivered, approved, published or supplied, you should raise it before final approval wherever possible and, in any event, within seven working days of delivery or first becoming aware of the issue.

• Your notification should explain the issue clearly and identify the relevant file, page, deliverable or part of the work where possible.

• I must be given a reasonable opportunity to investigate the issue and, where appropriate, correct or remedy it.

• If you commission another supplier to undertake remedial work without first giving me a reasonable opportunity to address the issue, I will not normally be responsible for that supplier's costs.

• Where no issue is raised within seven working days, the work will normally be treated as accepted in relation to matters that were reasonably apparent on proper review.

• This clause does not exclude or restrict any legal right or remedy that cannot lawfully be excluded.

• Complaints should be made in writing to:

  • barbara@strokeofluckstudio.co.uk

19. Cancellations

• You may cancel a project by notifying me in writing.

• Any initial payment reserves time in my Studio schedule and is also treated as part-payment towards the project.

• If you cancel, I may retain or invoice a reasonable amount to cover:

  • work already completed;

  • project preparation already undertaken;

  • third-party costs already committed;

  • administration relating to the project; and

  • reserved Studio time that cannot reasonably be rebooked.

• Any amount retained will be proportionate to the work performed, costs incurred and reasonable losses resulting from the cancellation.

• If the amount already paid exceeds what is properly due, the remaining balance will be refunded.

• If the amount due exceeds payments already made, the outstanding balance will be invoiced.

20. Cancellation by the Studio

• I may cancel or terminate a project where there is a reasonable business reason to do so.

• If I cancel for reasons unrelated to a breach by you and cannot reasonably reschedule the project, I will refund any payment relating to work that has not been carried out.

• I may terminate immediately where there is:

  • serious or repeated non-payment;

  • unlawful or unethical instructions;

  • abusive, threatening or inappropriate behaviour;

  • serious breach of these Terms; or

  • persistent failure to provide information or cooperation required to complete the work.

21. Intellectual property and usage rights

• Copyright in original work created by Stroke of Luck Studio remains with the Studio unless copyright is expressly assigned in writing.

• Once all sums relating to the project have been paid in full, you receive a perpetual licence to use the final approved deliverables for the business purposes for which they were commissioned.

• This may normally include reproduction, publication and use across your own business communications, marketing and sales materials.

• The quotation may specify different or additional licensing arrangements where appropriate.

• No licence takes effect until full payment has been received.

• 21.1 Preliminary and unused work

  • Unless otherwise agreed, the following remain the intellectual property of Stroke of Luck Studio:

    • rejected concepts;

    • unused designs;

    • preliminary work;

    • sketches;

    • development work;

    • working methods;

    • Studio templates;

    • systems;

    • tools; and

    • reusable assets developed independently of your final deliverables.

  • You may not use rejected or unpaid concepts without written permission.

• 21.2 Brand identities and logos

  • Where a project requires assignment of copyright in a final bespoke logo or other identity asset, this must be expressly stated in the project agreement.

  • Copyright assignment does not include third-party materials or Studio tools incorporated into a project.

  • Unless specifically agreed, I do not carry out formal trademark searches and cannot guarantee that a proposed business name, logo, slogan or visual identity is available for trademark registration.

  • You should obtain appropriate legal or trademark advice where this is important to the project.

22. Editable and source files

• Editable, open or working files are not included unless specifically stated in your quotation.

• Examples include:

  • Adobe InDesign files;

  • Illustrator files;

  • Photoshop files;

  • working website files;

  • raw photography files; and

  • internal templates.

• Where editable files are supplied, an additional charge may apply.

• Third-party assets such as commercial fonts or licensed imagery may need to be removed before source files can be supplied.

• You are responsible for obtaining licences required for future use or editing.

• I am not responsible for errors, compatibility issues or production problems introduced after a source file has been altered by you or another supplier.

 23. Third-party intellectual property

• Stock photography, fonts, templates, plugins, software and other third-party materials remain subject to their owners' licence terms.

• Purchasing or receiving a final design does not automatically transfer ownership of these third-party elements.

• Where a Client licence is required, you may need to purchase or maintain it separately.

24. Websites

• Where I design or develop a website, the quotation will state what is included.

• Unless specifically agreed otherwise, you remain responsible for ongoing:

  • domain renewal;

  • hosting or Wix subscriptions;

  • premium applications;

  • email hosting;

  • third-party service subscriptions;

  • account security;

  • content updates; and

  • ongoing maintenance.

• Where possible, domains, website subscriptions and core business accounts should ultimately be held in the Client's own name and account.

•  24.1 Website content and legal requirements

  • You remain responsible for the accuracy and legality of information published on your website.

  • I can help organise, shape and present website content, but this does not constitute legal advice.

  • You are responsible for obtaining appropriate legal wording for matters specific to your business, including where relevant:

    • statutory disclosures;

    • industry-specific terms;

    • privacy information;

    • cookie requirements;

    • regulated claims; and

    • other legal notices.

  • Where you provide approved legal text, I can incorporate it into the website.

• 24.2 Accessibility

  • I will apply reasonable good-practice design considerations within the agreed scope.

  • If your organisation must meet a particular statutory, contractual or technical accessibility standard, you must identify that requirement before the project begins so it can be scoped and priced appropriately.

  • 24.3 Search engine optimisation
  • Where basic SEO setup is included, this may cover appropriate page titles, meta descriptions, headings, image information and basic site settings.

  • I do not guarantee:

    • search rankings;

    • search traffic;

    • leads;

    • enquiries;

    • conversions; or

    • sales.

  • Ongoing SEO strategy or optimisation is not included unless specifically agreed.

• 24.4 Third-party website platforms

  • Wix and other external platforms operate under their own terms, pricing and technical systems.

  • I am not responsible for outages, security incidents, price changes, discontinued functionality or platform changes outside my reasonable control.

• 24.5 Browser and device compatibility

  • Websites will be tested reasonably using current mainstream browsers and common device sizes.

  • I cannot guarantee identical appearance or functionality across every browser, device, operating system or outdated software version.

• 24.6 After launch

  • If the website does not operate in accordance with the approved agreed scope because of an error in my work, please tell me promptly and I will make reasonable efforts to correct it.

  • Changes requested after launch, ongoing maintenance and alterations resulting from future platform or software changes are additional work unless ongoing support has been agreed.

  • I am not responsible for faults resulting from alterations subsequently made by the Client or another supplier.

25. Photography

• Brand and product photography provided through Stroke of Luck Studio is primarily available locally in North Wales unless otherwise agreed.

• Unless expressly agreed otherwise, copyright in photographs remains with the Studio.

• Once full payment has been received, you receive a licence to use the final supplied photographs for your own normal business purposes, including:

  • your website;

  • organic social media;

  • brochures and printed collateral;

  • presentations;

  • general publicity; and

  • normal business communications.

• Large-scale paid advertising campaigns, resale, licensing to third parties, merchandise or uses materially outside the original project may require additional permission or licensing.

• Raw, unedited photographs are not supplied unless specifically agreed.
• 25.1 Photography permissions

  • You are responsible for obtaining appropriate access or permission for locations, employees, models, products or property arranged by you unless we agree otherwise.

  • Where photography depends on weather, access, safety, illness or another circumstance outside reasonable control, the session may be rescheduled.

Travel outside the agreed local area may incur additional costs.

26. Print and physical production

• Where requested, I may arrange or coordinate printing, signage, packaging or other physical production.

• The applicable quotation will confirm any relevant production and handling costs.

• Final artwork must be approved before production.

• Minor differences between screen displays, digital proofs and finished physical products are normal.

• Reasonable commercial variations may occur in:

  • colour;

  • paper;

  • finish;

  • texture;

  • trimming;

  • alignment;

  • scale; and

  • manufacturing.

• Such normal production tolerances are not automatically considered defects.

• 26.1 Supplier problems

  • Third-party printers, couriers and manufacturers operate under their own production processes and terms.

  • I will use reasonable care when preparing supplied artwork and, where I arranged the production, will assist with resolving a supplier problem.

  • I cannot guarantee that a third-party supplier will agree to a refund or reprint where the issue falls outside their own terms or normal commercial tolerances.

  • Where an error originates in artwork that matched the version you approved, you remain responsible for resulting reprint or production costs.