Terms & Conditions
Last updated: August 2026
These Terms & Conditions set out the general terms under which The Digital Brand Specialist, operated by Charlotte Harte, provides branding, marketing, creative, digital and related services.
By engaging The Digital Brand Specialist, you agree to these Terms & Conditions alongside any proposal, quotation, Statement of Work, client contract and Mutual Non-Disclosure Agreement provided in connection with your project.
Where a separate written agreement contains terms specific to a particular project, those terms will take priority where they differ from these general Terms & Conditions.
1. Project Onboarding
Before any project begins, the scope of work, deliverables, fees and expected timescales will be agreed in writing.
As part of my standard onboarding process, clients will be required to:
Approve the agreed scope of work and fees
Sign a client contract
Sign a Mutual Non-Disclosure Agreement (NDA)
Pay the initial 50% project payment
A project is only considered confirmed and booked into my schedule once the required agreements have been signed and the initial payment has cleared.
No work is guaranteed to commence, and no dates are reserved, until the onboarding process has been completed.
2. Project Payments
Unless an alternative payment schedule has been agreed in writing, all project-based work requires a 50% upfront payment to secure the project and begin work.
The remaining 50% balance is payable before final project handover.
Final files, completed deliverables and any agreed intellectual property rights will not be transferred until all outstanding invoices relating to the project have been paid in full.
For larger or longer-term projects, an alternative staged payment schedule may be agreed and confirmed in writing.
Invoices must be paid by the due date stated on the invoice.
3. Late Payments
Where an invoice becomes overdue, I reserve the right to pause all work and withhold final files, deliverables, access or handover until the outstanding amount has been paid.
Any delay caused by late payment may affect the original project timeline. Work will resume according to my availability and the original completion date cannot be guaranteed.
For qualifying business-to-business transactions, I reserve the right to charge statutory interest on overdue amounts at the applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998, together with any fixed compensation and reasonable recovery costs I am legally entitled to claim.
Late payment charges may be calculated from the day following the invoice due date until payment is received in full.
4. Retainers & Ongoing Work
Ongoing marketing, social media, consultancy, creative or digital support may be provided under a monthly retainer or separate ongoing agreement.
The scope, fee, payment schedule, availability, notice period and any minimum commitment will be agreed in writing before ongoing work begins.
Retainer time and deliverables apply only to the agreed period and scope unless otherwise stated in the individual agreement.
Any work requested outside the agreed retainer scope will be considered additional work and charged either at an agreed fixed price or at my standard hourly rate.
5. Scope of Work & Additional Work
The scope and deliverables included within each project will be agreed in writing before work begins.
Anything not expressly included within the agreed scope should not be assumed to be included.
Any additional work outside the agreed project scope will be charged either at an agreed fixed price or at my standard hourly rate.
Where additional work is requested, the applicable cost will be communicated and agreed before that additional work is carried out.
Additional deliverables, significant changes to the brief, changes in creative direction or requests that substantially increase the amount of work required may result in additional fees and revised timescales.
6. Revisions
The number of revisions included within a project will be stated in the relevant proposal, quotation or contract.
Additional revisions beyond the agreed allowance will be considered additional work and charged at an agreed fixed price or my standard hourly rate.
A revision means a reasonable amendment to the agreed creative direction. An entirely new concept, substantial change in direction or significant alteration to the original brief will not be treated as a standard revision.
Unused revisions have no monetary value and cannot be exchanged for other services unless agreed in writing.
7. Meetings, Calls & Consultancy
Any meetings, calls or consultancy included within a project will be stated within the agreed scope.
Reasonable communication necessary to complete the agreed work is included.
Additional meetings, consultations, strategy sessions or calls outside the agreed scope may be charged at my standard hourly rate or at an agreed fixed price.
8. Client Responsibilities
Clients are responsible for providing all information, content, imagery, brand assets, login details, access, approvals and feedback reasonably required to complete the project.
Clients are responsible for ensuring that materials supplied to me are accurate and that they have the necessary ownership, licences, permissions or rights for those materials to be used.
Delays in providing information, materials, feedback or approvals may affect the agreed project timeline.
I will not be responsible for delays caused by incomplete, inaccurate or late information supplied by the client.
9. Client Delays & Project Inactivity
Projects rely on timely communication and feedback from both parties.
Where required information, content, feedback or approval is not provided within a reasonable period, the project timeline may be adjusted.
If a project becomes inactive due to the client for 30 days or more, I reserve the right to pause the project and release the time originally reserved within my schedule.
The project will then be rescheduled according to my current availability.
Where a project remains inactive for 60 days or more, I reserve the right to consider the project closed. Any work required after this point may need to be requoted and scheduled as a new or reactivated project.
Payments already made will not automatically entitle the client to their original project dates following a period of client-caused inactivity.
10. Rush & Priority Work
Any timescale agreed at the beginning of a project is based on my availability and the requirements known at that time.
Requests for work to be completed sooner than originally agreed, urgent additional work or work requiring changes to my existing schedule may be subject to a rush or priority fee.
Any additional fee will be communicated and agreed before the priority work is undertaken.
Acceptance of rush work is subject to availability.
11. Cancellations
The initial 50% payment reserves time within my schedule and allows project planning and work to begin.
If a client cancels after the project has been confirmed, amounts already paid may be non-refundable to the extent they reflect work undertaken, preparatory work, time reasonably reserved for the project and costs already incurred.
Where the value of work completed at the point of cancellation exceeds the amount already paid, the client may be invoiced for the outstanding amount.
Any work completed before cancellation remains subject to the intellectual property provisions within these Terms until all applicable invoices have been paid.
Additional cancellation or termination provisions within the individual client contract will also apply.
12. Rescheduling & Project Pauses
Requests to postpone or pause an active project are subject to my availability.
I cannot guarantee that work will be able to resume immediately on the client's preferred date.
Where a project is paused at the client's request, revised timescales may be provided when the client is ready to resume.
A substantial pause or change in circumstances may require the remaining work, scope or fees to be reviewed.
13. My Right to Suspend or Terminate Services
I reserve the right to suspend or terminate a project or working relationship where there is:
Persistent or significant non-payment
A serious breach of the agreed contract or these Terms
Repeated failure to provide information or cooperation required to complete the work
Abusive, threatening, discriminatory or inappropriate behaviour
A request to carry out unlawful, misleading or unethical activity
Another circumstance that makes it unreasonable or unlawful for me to continue providing the services
Where reasonably possible, I will communicate the reason for suspension or termination in writing.
Any outstanding fees for work already completed or costs incurred will remain payable.
14. Intellectual Property
Unless otherwise agreed in writing, ownership of final approved creative work produced specifically for a client will transfer only once all invoices relating to that work have been paid in full.
Until full payment has been received, all intellectual property rights in the work remain with The Digital Brand Specialist.
Unused concepts, drafts, development work, rejected designs, preliminary ideas and creative routes that were not selected remain the intellectual property of The Digital Brand Specialist unless otherwise agreed.
Any transfer of intellectual property applies only to the final deliverables expressly identified within the project agreement.
15. Working & Editable Files
Final deliverables do not automatically include original working files, editable files, source files, templates, design systems, internal documents or other materials used to create the final work.
Examples may include editable Canva files, Adobe files, working presentations, raw photography files or other source materials.
Where editable or source files are required, this should be agreed as part of the project scope.
Additional fees may apply where the preparation or transfer of working files was not included within the original project.
16. Third-Party Assets & Licences
Projects may incorporate third-party materials including fonts, stock imagery, music, video, software, plugins, templates or other licensed assets.
These remain subject to the licence terms of their respective owners.
Where a client requires their own licence for continued use of an asset, they will be responsible for obtaining and maintaining that licence unless otherwise agreed.
17. Confidentiality & Mutual NDA
Confidentiality is a standard part of working with The Digital Brand Specialist.
Before commencing a project, both parties are required to enter into a Mutual Non-Disclosure Agreement.
The Mutual NDA is designed to protect confidential information shared by both parties throughout discussions and the working relationship.
This may include business plans, strategies, financial or commercial information, customer information, creative concepts, intellectual property, login credentials, unreleased materials and other information reasonably considered confidential.
The specific obligations, exclusions, permitted disclosures and duration of confidentiality will be governed by the Mutual NDA signed by both parties.
Where there is any conflict between this section and the signed Mutual NDA, the Mutual NDA will take priority.
18. Portfolio Use
Unless otherwise agreed in writing or restricted by the Mutual NDA, I reserve the right to display completed and publicly released work within my website, portfolio, social media, presentations and other promotional materials.
Confidential, commercially sensitive or unreleased work will not be publicly shared in breach of an applicable confidentiality obligation.
Use of a client's name, logo or testimonial for promotional purposes may be agreed separately where appropriate.
19. Websites & Digital Services
Where website design, development or support is provided, the exact scope will be agreed before work begins.
Unless ongoing website maintenance or management is expressly included, responsibility for maintaining, updating, backing up and renewing the website, domain, hosting and associated services will pass to the client following completion.
I cannot guarantee uninterrupted operation of third-party website platforms, hosting providers, plugins, integrations or external services.
I am not responsible for faults, outages, security incidents, changes or loss of functionality caused by third-party platforms or services outside my reasonable control.
Additional website work requested following completion of the agreed project will be charged at an agreed fixed price or my standard hourly rate.
20. Social Media & Third-Party Platforms
Where social media management, content or digital marketing services are provided, clients acknowledge that social media and digital platforms are controlled by third parties.
I cannot guarantee reach, engagement, follower growth, leads, sales or other specific results.
I am not responsible for algorithm changes, platform outages, account restrictions, suspensions, policy changes, loss of functionality or other actions taken by a third-party platform outside my reasonable control.
Clients remain responsible for complying with the applicable terms and policies of platforms used by their business.
21. Marketing & Commercial Results
Branding, marketing, content and creative services are intended to support the client's objectives, but specific commercial results cannot be guaranteed.
Results may be affected by factors outside my control, including market conditions, budgets, competition, algorithms, customer behaviour, the client's wider business activities and decisions made by third parties.
Previous results or examples of work should not be interpreted as a guarantee of future performance.
22. Artificial Intelligence & Digital Tools
Digital and AI-assisted tools may form part of modern creative, marketing, research, administrative or production workflows where appropriate.
Confidential client information protected under the Mutual NDA will not knowingly be submitted to public AI tools in a way that would breach the confidentiality obligations agreed between the parties.
Where a client supplies AI-generated content, imagery or other assets, the client is responsible for ensuring that those materials are suitable and lawful for their intended use and that any required rights or permissions have been obtained.
Where the use of a particular technology is material to a project or subject to specific client requirements, this can be agreed separately in writing.
23. Printing & Physical Materials
Where I prepare artwork for printing or physical production, clients are responsible for reviewing and approving final proofs before production.
Reasonable efforts will be made to prepare files correctly for the agreed production requirements.
However, I am not responsible for variations caused by third-party printers or manufacturers, including reasonable differences in colour, material, finish, cropping or production quality outside my control.
Where I am not directly managing the print supplier, the client is responsible for confirming the supplier's specifications before final production.
24. Photography, Content & Production
Where photography, content production, events or other on-location services are included, specific requirements will be agreed as part of the project scope.
Additional requirements including locations, equipment, models, props, permits, travel or third-party suppliers may incur additional costs.
Clients are responsible for obtaining any location, participant or property permissions that have been allocated to them within the agreed project scope.
25. Expenses & Travel
Reasonable third-party expenses required to deliver a project may be charged separately where they are not already included within the agreed fee.
This may include travel, accommodation, printing, postage, stock assets, software, venue costs, equipment hire or external suppliers.
Where reasonably possible, material additional expenses will be agreed with the client before they are incurred.
26. Final Approval
Clients are responsible for reviewing and approving final work before publication, printing, distribution or launch.
This includes checking names, contact information, prices, claims, spelling, factual information, links and any legal or regulatory information relevant to their business.
Once final approval has been provided, the client accepts responsibility for the approved content.
Changes requested after final approval may be considered additional work and charged accordingly.
27. Accuracy of Client Claims
I may assist with the wording, presentation and communication of information supplied by a client, but the client remains responsible for the accuracy and legality of claims made about their business, products or services.
Unless specifically included within the agreed scope, my services do not constitute legal, financial, regulatory or other specialist professional advice.
28. Project Timelines
Any estimated project dates or timescales are based on the information available at the time and rely on timely communication, feedback, approvals and delivery of materials from the client.
Where delays occur due to circumstances outside my reasonable control, project dates may be adjusted.
Where a deadline is particularly time-sensitive, this must be communicated and agreed before the project begins.
29. Communication & Availability
Project communication will normally take place through the communication channels agreed for the project and during reasonable working hours.
Response times and availability may vary depending on workload, project requirements, weekends, public holidays and periods of annual leave.
Unless specifically included within the agreed scope, immediate responses, weekend work and out-of-hours availability are not included within a project.
30. Non-Exclusivity
Unless exclusivity has been expressly agreed in writing, engaging The Digital Brand Specialist does not prevent me from working with other businesses, including businesses operating within the same or similar industries.
All confidential information will continue to be protected in accordance with the applicable Mutual NDA and contractual confidentiality obligations.
31. Force Majeure
Neither party will be responsible for a delay or failure to perform obligations where this results from circumstances genuinely outside their reasonable control.
This may include serious illness, emergencies, natural disasters, widespread technology or infrastructure failures, government action or other significant unforeseen events.
Where such circumstances occur, reasonable efforts will be made to communicate the situation and agree revised arrangements.
32. Limitation of Liability
Nothing in these Terms & Conditions excludes or limits liability where it would be unlawful to do so.
To the extent permitted by law, The Digital Brand Specialist will not be responsible for indirect or consequential losses arising from the services, deliverables, third-party services or circumstances outside my reasonable control.
Any project-specific limitations or exclusions of liability may also be set out within the individual client contract.
33. No Waiver
If I do not immediately enforce a provision of these Terms & Conditions or a project agreement, this does not mean that I have waived the right to enforce it later.
34. Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
35. Changes to These Terms
These Terms & Conditions may be updated from time to time to reflect changes to my services, business practices or legal requirements.
The terms applicable to an individual project will be those in effect when the relevant agreement is entered into, unless otherwise agreed in writing.
36. Governing Law
These Terms & Conditions and any dispute arising from them are governed by the laws of England and Wales, unless otherwise agreed in writing.
37. Contact
If you have any questions regarding these Terms & Conditions, please contact:
The Digital Brand Specialist
Charlotte Harte
info@digitalbrandspecialist.com
© 2026 The Digital Brand Specialist. All rights reserved.
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