Launch! Limited – Terms of Business
- The Parties
This agreement is between Launch! Limited (“Launch”, “we”, “us”) and the client identified in the applicable Quote or Proposal (“Client”, “you”).
All services are supplied by Launch! Limited. Work may be carried out by our directors, team members or approved collaborators on behalf of Launch.
- Services
Launch provides branding, strategy, copywriting, graphic design, website design and development, photography, social media support and related creative consultancy services.
The specific scope of work, deliverables and fees are set out in your Quote or Proposal.
If a service is not expressly included in the written Quote, it is not included within the scope of work.
- Client Responsibilities
To enable us to deliver high-quality work efficiently, you agree to:
- Provide timely instructions, approvals and feedback
- Supply accurate, lawful and complete content
- Obtain permissions for any third-party materials you provide
Delays caused by missing information, late feedback or changes in direction may result in timeline adjustments or additional costs.
- Changes to Scope
Any changes to the agreed scope must be confirmed in writing.
We may:
- Provide a revised quotation; or
- Charge additional fees at our standard rates.
We are not obliged to accept change requests that materially alter the agreed scope.
- Fees & Payment
Project fees are set out in your Quote.
Unless otherwise agreed in writing:
- A 50% deposit is required before work begins.
- The remaining balance is payable prior to final delivery, launch or release of final files.
- Invoices are due within 14 days of issue.
If any invoice remains unpaid 7 days after its due date, Launch may suspend services without liability. Project timelines will be extended accordingly. Launch is not responsible for delays resulting from suspension due to non-payment.
Interest may be charged on overdue amounts at 8% per annum. You are responsible for reasonable recovery costs incurred in collecting unpaid invoices.
- Expenses
Certain third-party costs may be payable in addition to project fees, including but not limited to:
- Stock imagery
- Fonts or licences
- Hosting and domains
- Plugins or subscriptions
- Printing or venue costs
Where possible, these will be agreed in advance.
- Intellectual Property
All intellectual property rights in work created by Launch remain the property of Launch until full payment is received.
Upon full payment, you are granted a licence to use the final deliverables for their intended business purpose.
Unless otherwise agreed:
- Raw design files and editable source files are not included.
- Launch retains the right to display completed work in its portfolio and marketing materials.
You warrant that any materials you supply do not infringe third-party rights and indemnify Launch against claims arising from such materials.
- Photography Services (Where Applicable)
Copyright & Usage
This clause supplements Clause 7 and applies specifically to photographic works.
Launch retains copyright in all images created.
Clients receive a licence for agreed usage purposes only. Raw image files are not supplied unless agreed in writing.
Cancellation & Rescheduling
- The 50% deposit secures the booking and is non-refundable once work has commenced.
- If cancelled within 7 days of the scheduled session, the remaining balance becomes payable.
- One reschedule may be requested with at least 48 hours’ notice, subject to availability.
- Outdoor sessions may be rescheduled due to adverse weather at Launch’s discretion.
- If Launch must cancel due to illness or events beyond its control, the Client may choose rescheduling or a refund of payments made.
Media & Promotional Use
For corporate projects, Launch may use images for portfolio and promotional purposes as part of its legitimate business interests.
Where identifiable individuals appear:
- The Client confirms they have obtained appropriate permissions.
- Written parental or guardian consent is required for use of images of minors.
- Any individual may request removal of promotional use on reasonable grounds, which will be respected going forward.
- Websites & Digital Platforms
Launch may design and build websites using third-party platforms (e.g. WordPress).
Launch is not responsible for:
- Failures or outages of hosting providers
- Third-party platform changes
- Plugin or software vulnerabilities outside our control
Ongoing maintenance, updates or security management are not included unless agreed separately.
Clients are responsible for renewing domains, hosting and third-party subscriptions unless expressly agreed otherwise.
Where ongoing maintenance services are not in place, Launch is not responsible for updates, backups, security patches or performance monitoring after project completion.
- Social Media & Content Services (Where Applicable)
Where Launch provides social media strategy, content creation or account management services:
- Services are limited to the scope set out in the Quote.
- Launch does not guarantee audience growth, engagement levels, or commercial outcomes.
- The Client remains responsible for final approval of content prior to publication unless otherwise agreed.
- Launch is not liable for changes made by third-party platforms, account suspensions, algorithm updates, or community guideline enforcement.
- The Client retains ultimate responsibility for compliance with advertising regulations and sector-specific rules applicable to their business.
- Subcontracting & Third Parties
Launch may engage directors, employees or approved collaborators to deliver services.
Launch remains responsible for overall project coordination. Third-party providers remain responsible for their own professional acts.
Launch is not liable for failures or defaults of third-party platforms, hosting providers or external suppliers.
- Limitation of Liability
Launch will provide services with reasonable care and skill.
To the fullest extent permitted by law:
- Launch does not guarantee specific commercial outcomes.
- Launch’s total liability arising from any claim connected with a project shall not exceed the total fees paid by the Client for that project.
- Launch shall not be liable for indirect, consequential or loss of profit claims.
Nothing in this agreement excludes liability where it cannot lawfully be excluded.
- Suspension & Termination
Either party may terminate this agreement if the other materially breaches it and fails to remedy the breach within 14 days of written notice.
If terminated by the Client, all fees incurred up to termination are payable.
Deposits are non-refundable once work has commenced.
Launch may suspend services where necessary due to non-payment, safety concerns, or serious breakdown of working relationship.
- Ongoing Services & Retainers
Where Launch provides ongoing services (including but not limited to website updates, social media management, maintenance support or periodic photography):
- The scope of services, hours and fees will be set out in the applicable Quote or Retainer Agreement.
- Retainer hours do not roll over unless expressly agreed in writing.
- Any work exceeding the agreed monthly allocation will be quoted separately or billed at standard rates.
- Either party may terminate an ongoing arrangement by providing 30 days’ written notice, unless otherwise agreed.
- Fees for work completed prior to termination remain payable.
- Confidentiality
Both parties agree to keep confidential information private unless disclosure is required by law.
- Data Protection
Launch processes personal data in accordance with its Privacy Policy.
Clients are responsible for ensuring that any personal data supplied to Launch has been lawfully obtained and may be used for the purposes of the project.
- Force Majeure
Launch shall not be liable for failure or delay caused by events beyond its reasonable control, including illness, severe weather, venue closure, government restrictions, or technical system failure.
Where possible, services will be rescheduled. If performance becomes impossible, payments made will be refunded excluding work already completed.
- Dispute Resolution
If a dispute arises, both parties agree to attempt resolution through good faith discussion before commencing formal legal proceedings.
- Governing Law
This agreement is governed by the laws of the Isle of Man.
The courts of the Isle of Man shall have exclusive jurisdiction.
- Acceptance
These Terms are accepted when:
- You sign and return the Quote or Proposal;
- You confirm acceptance in writing;
- You pay the required deposit; or
- You instruct Launch to commence work after receiving these Terms.
Clarity Questions
- Does anyone need editable file release language adjusted (I think this means that the client is able to edit their own website?)
- Whether hosting responsibilities need clarifying based on Cara’s setup
- By the way, we are NOT insured for outsourcing work, freelancers etc without prior written agreement and checking that they are insured to at least the same level as us
- Chat doesn’t seem to think any Director needs separate insurance if all work is under the Launch umbrella and comes with a clear Launch contract.