Terms & Conditions

Terms and Conditions - Visualise Brands Subscription Packages

1. Service Description

These terms govern your subscription to Visualise Brands creative services packages: Basic Creator (15 hours/month - £525), Essential Creator (20 hours/month - £850), and Premium Creator (40 hours/month - £1,550).

2. Payment Terms

2.1. Billing: Monthly subscription fees are charged automatically on the same date each month

2.2. Auto-Renewal: Your subscription automatically renews each month unless cancelled

2.3. Cancellation: You may cancel at any time. Cancellation takes effect at the end of your current billing period

2.4. Refunds: No refunds for partial months

2.5. Price Changes: We maintain the right to change the cost of our subscription packages at any time and will notify you of any changes. Prices will rise each year in line with inflation.

3. Free 7-Day Trial - Try Before You Buy

Get started with one complimentary design project:

Choose from:

Set of 3 social media tiles

Single-sided A5 flyer

Business card design

Important: You must provide your logos, fonts, imagery, and copy/information on the same day of your free trial and send it to: eleanor@visualisebrands.co.uk with your request.

Please note: Your subscription kicks in automatically after the 7 days and no reminder is sent.

We reserve the right to remove or change the 7 day trial at any time. Your package details are detailed on signup. This may not be available to all customers or an alternative may be offered depending on our current promotional offers.

4. How the Subscription Works

Step-by-Step Process:

4.1. Subscribe Choose your perfect package and complete your subscription

4.2. Trial Period Use your 7-day free trial to request one design project (If included in your package – offer varies depending on current promotional offer)

4.3. Trello Board Access Receive access to your dedicated Trello board within 24 hours (or next working day if you subscribe at the weekend)

4.4. Request Work Log unlimited design requests on your Trello board - we handle them one at a time

4.5. Review & Approve Review completed work and request unlimited revisions until you're completely satisfied

4.6. Receive Final Work Download your approved designs and use them to grow your business

4.7. Monthly Renewal Your subscription automatically renews each month - you choose where to focus your allocated hours

4.8. Project Delivery & Timeline Management: While we strive to deliver all work promptly and efficiently, project timelines may vary based on several factors including:

• Speed of client asset provision (brand guidelines, images, content, etc.)

• Frequency and complexity of revision requests • Current workload and project queue

4.9. Subscription Hours Management: We reserve the right to prioritise and schedule subscription work based on:

Project complexity and urgency

Optimal workflow efficiency

Available capacity within your allocated monthly hours

Fair distribution across all subscription clients

All work will be completed within your monthly hour allocation, with any unused hours expiring at month-end unless otherwise agreed. We aim to provide realistic timelines for each project and will communicate any potential delays promptly.

5. Service Breakdown by Category

(Not all services are included in every package - please check your specific subscription package)

Flexible Service Allocation: You choose where you want us to allocate our time each month.

Design Services Include:

Blog Banners

Newsletter Banners

Social Media Tiles

Lead Magnets

Digital Brochures

Sales Presentations

Quote Documents

Invitations

Brand setup in Canva

Business Cards

Flyers

Ad Creatives

Product or service infographic design

Amazon Design: Listing infographics, A+ Design and Brand Store Design

Marketing Services Include:

Blog posts, uploads and management

Set up email campaigns in MailerLite, MailChimp & HubSpot

Branding advice & review of your marketing assets (Excludes copywriting and software subscriptions)

Image Services Include:

Stock imagery sourcing (cost of images not included)

Stock video sourcing (cost of videos not included)

Creation of shoot lists for your photographer

Photo editing services

Slideshow video creation from stills or existing video content

Website Services Include: (Not included in the Basic Creator package)

Landing page design

Update pages on your website (Wix and WordPress - Divi)

Shopify product listing image and copy updates (copywriting and photography not included) (Includes updating your site but doesn't include redesign)

Training Services Include:

Phone photography training

Canva training

Product listing/brand training

Event Services Include: (Not included in the Basic Creator package)

Advice and help to plan your business events

Event planning from client showcases to staff parties (Additional fees may apply for on-the-day event planning depending on location)

Services Excluded from All Packages: Copywriting, SEO, PPC, photography, logo design, animation, animated graphics (GIFs etc), packaging design, extensive print design such as magazines/books, document design such as medical forms, website redesign and complete re-brand.

6. Client Responsibilities

6.1. Client Responsibility for Copyright and Usage Rights: When providing assets or design work to Visualise Brands, the Client must be the copyright owner or have the legal rights to use all images, graphics, icons, and design work included in the project. This includes the rights to use, modify, or copy any assets provided to Visualise Brands. It is the Client's responsibility to ensure that all necessary copyright and usage rights are in place. Visualise Brands will not be liable for any copyright or usage violations regarding assets provided by the Client.

6.2. Reproduction and Adaptation of the Client's Existing Design Work: If the Client requests reproduction, adaptation, or the transfer of existing design work into Canva as a template, the Client must have full copyright ownership or legal rights to use, replicate, and adapt any graphics or icons included in the project. This includes the right to use, modify, and copy any design assets provided to Visualise Brands. Ensuring the correct copyright and usage terms is solely the Client's responsibility. Visualise Brands will not be held liable for any copyright or usage infringements related to assets provided by the Client.

6.3. Asset Provision: The Client agrees to provide Visualise Brands with all requested assets needed to complete the commissioned design work within the agreed timeframe. These assets should be uploaded to the designated client folder (a link will be provided by Visualise Brands). Failure to provide assets as requested, in the specified format, may result in additional fees and/or a delayed completion date.

6.4. Licensing to Visualise Brands: The Client grants Visualise Brands a non-transferable licence to copy and modify any materials the Client provides solely for the purpose of delivering the agreed services.

6.5. Copyright Compliance: It is entirely the Client's responsibility to ensure they follow all applicable copyright laws.

7. Intellectual Property Rights

7.1. Copyright Ownership: All copyright of design work created belongs to Eleanor Santos/Visualise Brands

7.2. Usage Rights: You receive exclusive rights to use the design work for your company's business purposes

7.3. Restrictions: Design work cannot be sold to third parties or submitted to image banks

7.4. Canva Elements: Design work is created in Canva Pro. Elements sourced through Canva (stock imagery, icons, graphics) remain Canva's property and cannot be used as standalone items

8. Design Work Delivery

8.1. File Formats: Final design work provided in JPEG, PNG, or PDF format depending on the artwork's intended use

8.2. Source Files: Access to design files or Canva templates is not included in any subscription package unless specifically stated in writing via a bespoke Visualise Brands quote. Please note: Canva templates are not included in any of our subscription packages (Essential Creator, Basic Creator, or Premium Creator). Clients will receive final deliverables in agreed formats only. Source files, working files, and editable templates remain the intellectual property of Visualise Brands unless otherwise contracted.

8.3. Intellectual Property and Usage Rights

It is strictly prohibited to sell, give, distribute, or transfer any work produced by Visualise Brands to any third party, company, or image bank without express written permission from Eleanor Santos (Visualise Brands).

All training materials, guides, methodologies, and educational content provided by Visualise Brands are copyrighted by Eleanor Santos and Visualise Brands. Clients are not permitted to:

Replicate, reproduce, or copy any work, design, or photographic content without written permission from Eleanor Santos (Visualise Brands)
Use Visualise Brands' work as templates or inspiration for competing services
Reverse engineer or attempt to recreate our proprietary methods and techniques
Share, distribute, or resell any training materials or guides to third parties
Use our work in any manner that competes with Visualise Brands' services

Permitted Use: Work produced by Visualise Brands is licensed solely for the client's own business marketing and promotional purposes. This licence is non-transferable and non-exclusive.

Breach of Terms: Any unauthorised use, distribution, or replication of Visualise Brands' work will result in immediate termination of services and may result in legal action for copyright infringement and breach of contract.

8.4. Delivery Method: All completed work delivered through your dedicated Trello board

9. Service Terms

9.1. Request Process: Unlimited design requests via Trello board, handled one at a time

9.2. Turnaround: 4-7 working day turnaround for most projects. For more complex services, time may be longer but will be advised if this is the case

9.3. Revisions: Unlimited revisions until you approve the final design

9.4. Working Days: Monday to Friday, excluding UK bank holidays

9.5. Delays: Please ensure you provide all copy and assets within a timely manner, otherwise service turnaround will be delayed

9.6. Workflow Management: We reserve the right to distribute your contracted hours across your monthly plan to suit our workflow and to aid smoother delivery of your services. This ensures optimal resource allocation and maintains our quality standards whilst meeting project deadlines efficiently.

10. Holiday Policy

As a self-employed person, I do take holidays throughout the year. I will notify you of these in advance. Subscription payments carry on as usual whilst I am on holiday. No pause, break, or refund is possible due to this reason.

11. Limitation of Liability

Visualise Brands' liability is limited to the monthly subscription fee paid. We are not liable for any indirect, consequential, or special damages.

12. Credit & Marketing

12.1. The client grants Eleanor Parnell Santos and Visualise Brands permissions to showcase these designs in a portfolio or for self-promotion of Eleanor Parnell Santos and Visualise Brands including ebooks and guides with any company or brand associated with Eleanor Parnell Santos. This includes usage in printed, digital and social media usage unless the Client specifies otherwise in writing.

12.2. Visualise Brands reserves the right to use both initial creative concepts and final approved design work for the purposes of their marketing activities (both online and offline) unless otherwise requested/agreed in writing with the Client.

13. Project Completion and File Management

Once a project has been concluded:

13.1. File Access: All completed files will remain available for download from the designated SharePoint folder for one month following project completion, after which they will be removed from the shared workspace.

13.2. Workspace Deletion: The Trello workspace associated with your project will be deleted within one week of project completion. Please ensure you back up all necessary project communications and files before this deadline.

13.3. File Retention: Visualise Brands guarantees retention of copies of your final work for up to one year from project completion. After this one-year period, we cannot guarantee retention of copies of your work.

13.4. File Recovery: Should you require Visualise Brands to resend any materials after project completion or subscription termination, additional fees may apply for file recovery and administration.

14. Termination of Subscription Package

14.1 Termination by Client: Clients may terminate their subscription package by cancelling via our online payment portal. Termination will take effect at the end of the current billing cycle.

14.2 Unused Hours: Any unused hours from the current billing period will be forfeited upon termination and cannot be refunded or carried forward.

14.3 Work in Progress: Any work in progress at the time of termination notice will be completed according to the agreed timeline, provided sufficient hours remain in the current billing cycle. Additional work beyond available hours will require separate quotation and payment.

14.4 Final Deliverables: Upon termination, all completed work will be delivered according to the Project Completion terms outlined in Section 13. The standard one-month SharePoint access period and file retention policies will apply.

14.5 Termination by Visualise Brands: Visualise Brands reserves the right to terminate any subscription package with 30 days' written notice in cases of:

Non-payment of invoices beyond agreed terms
Breach of contract terms
Inappropriate conduct or communication
Requests that fall outside the scope of services offered

14.6 Final Invoice: A final invoice will be issued for any outstanding work completed up to the termination date. Payment terms remain as per the original agreement.

14.7 Post-Termination: Following termination, clients may re-engage Visualise Brands services through new quotations and contracts. Previous subscription rates and terms do not automatically apply to future work a new quote will be provided.

15. Additional Information

15.1. All documents, including Presentations, Guides, Manuals and training materials provided throughout our correspondence with the Client are copyright © 2024 Eleanor Parnell Santos (Trading as Visualise Brands). All Rights Reserved. You are not permitted to share/sell them in any form without permission of the copyright holder and doing so could result in legal action.

15.2. Terms and Conditions may be changed at any time without prior notice. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

15.3. About Visualise Brands

Eleanor Jane Parnell Santos is a sole trader Trading as Visualise Brands. Contact Eleanor using the following methods:

Phone & WhatsApp: +44 (0) 780 644 1856

Email: Eleanor@visualisebrands.co.uk

Location: I'm based in Norwich, Norfolk in England. I work remotely and don't maintain a physical office space, which helps me keep my packages at reasonable rates while delivering the same high-quality service. For local Norfolk clients, I'm always happy to meet up in person when needed.

This global approach means I can serve businesses anywhere int he world while maintaining efficient communication and project management systems that keep your costs down.

16. Data Protection

We comply with UK GDPR requirements. Your personal data is processed in accordance with our Privacy Policy.

17. Governing Law

These terms are governed by English law and subject to the jurisdiction of English courts.

Terms & Conditions Graphic Design Projects

This Agreement is made between Eleanor Parnell Santos trading as Visualise Brands, here in referred to as “Visualise Brands”, and *you the *Client, herein referred to as the "Client or you." By engaging Visualise Brands for design services, the Client agrees to the following terms and conditions:

1. Scope of Services

1.1. All estimated written price quotes, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.

1.2. Visualise Brands will provide graphic design services to the Client, which may include, but are not limited to, creating custom graphics, branding materials, social media content, and other visual assets.

1.3. All designs will be created using Canva’s tools and resources, adhering to Canva’s terms of service.

• 1.4. Where there is a change to the agreed brief, Visualise Brands will inform the Client in advance of any extra costs likely to be incurred.

2. Client Responsibility

2.1. Client Responsibility for Copyright and Usage Rights: When providing assets or design work to Visualise Brands, the Client must be the copyright owner or have the legal rights to use all images, graphics, icons, and design work included in the project. This includes the rights to use, modify, or copy any assets provided to Visualise Brands. It is the Client’s responsibility to ensure that all necessary copyright and usage rights are in place. Visualise Brands will not be liable for any copyright or usage violations regarding assets provided by the Client.

2.2. Reproduction and Adaptation of the Clients Existing Design Work: If the Client requests reproduction, adaptation, or the transfer of existing design work into Canva as a template, the Client must have full copyright ownership or legal rights to use, replicate, and adapt any graphics or icons included in the project. This includes the right to use, modify, and copy any design assets provided to Visualise Brands. Ensuring the correct copyright and usage terms is solely the Client’s responsibility. Visualise Brands will not be held liable for any copyright or usage infringements related to assets provided by the Client.

2.3. The Client agrees to provide Visualise Brands with all requested assets needed to complete the commissioned design work within the agreed timeframe. These assets should be uploaded to the designated client folder (a link will be provided by Visualise Brands). Failure to provide assets as requested, in the specified format, may result in additional fees and or a delayed completion date.

2.4. The Client grants Visualise Brands a non-transferable license to copy and modify any materials the Client provides solely for the purpose of delivering the agreed services.

3. Intellectual Property and Licensing Terms

3.1. All intellectual property rights in, arising from, or related to design services and deliverables provided by Visualise Brands are owned by Visualise Brands.

3.2. All intellectual property rights in materials provided by the Client to Visualise Brands, solely for the purpose of Visualise Brands carrying out design services, and deliverables, remain the property of the Client.

3.3. Visualise Brands grants the Client the right to use all design work created, for the duration of our agreement, to use any materials created by Visualise Brands (excluding materials provided by the Client) solely for the Client's internal business needs in connection with the services and deliverables.

3.4. The Client may not sublicense, assign, transfer, or otherwise distribute the rights granted under clauses 3.1 to 3.3. The Client agrees to indemnify Visualise Brands against any losses or liabilities arising from a breach of these terms.

4. Design Work: Visualise Brands specialises in creating designs using the online software "Canva Pro." As such, certain terms apply specifically to work produced in Canva.

4.1. Original Designs by Visualise Brands: Commissioned design work does not include the release of our proprietary source files, such as JPEG, PDF, INDD, PSD, AI, PNG, or other editable file formats or raw code. If the Client requires these files for transfer to an in-house team, external designer, or design agency, they will be subject to a separate quotation or buy-out fee.

4.2. Canva Design Templates: If the Client has purchased Canva templates created by Visualise Brands, they may adapt these templates for personal business use but are not permitted to share, sell, or redistribute them without permission from the copyright owner, Eleanor Parnell Santos (trading as Visualise Brands). Unauthorized sharing or resale could result in legal action. Note: Not all design packages or quotes include access to design files. Please refer to your quotation for details.

4.3. Canva Elements: Unless all assets are provided by the Client, designs created by Visualise Brands will include Canva assets (e.g., images, icons, templates) that are subject to Canva’s licensing. The Client acknowledges that Canva retains copyright over these elements and that they may not be used as standalone items outside the design. For example, stock images within a design cannot be extracted for separate use.

4.4. Original Designs Created In Canva by Visualise Brands: Original designs created by Visualise Brands within Canva remain the copyright property of Visualise Brands. The Client may not reproduce, copy, or alter these designs without written permission.

4.5. Custom design elements: Custom elements created specifically for the Client by Visualise Brands (such as logos, original illustrations, icons, etc.) remain the copyright of Visualise Brands. The Client is granted usage rights for the business specified in the quotation but may not sell, transfer, or otherwise distribute these assets to third parties, other companies, or image banks.

4.6. Canva Restrictions: The Client may not resell or redistribute any Canva designs or elements within them. The Client agrees to comply with all usage limitations outlined in Canva’s terms of service. Canva’s terms may be updated, and it is the Client's responsibility to verify usage rights based on their own Canva subscription and agreement with Canva.

4.7. Design Software: While most of our design work is created in Canva, Visualise Brands reserves the right to use whichever design software we deem most appropriate to complete the project.

5. Revisions and Approval Process

5.1. Visualise Brands offers two rounds of revisions as part of the project fee. Additional revisions may incur additional fees.

5.2. Revisions are defined as adjustments to elements such as colours, fonts, layout and minor content edits. Major redesigns or requests outside the original scope will require a new quote or add-on fee.

5.3. The client agrees that once the final design work has been approved, any further edit requests will be subject to additional charges.

6. Delivery of Design Work

6.1. All estimates are based on expected or agreed design time frame and include two sets of edits as detailed in clause 5.1, 5.2 and 5.3. Please be aware that in the event the client is delayed at replying to Visualise Brands or fails to provide assets when requested by our designer, this estimated delivery time may take longer than estimated.

6.2. Final design work will be delivered to the client via an online download link. In the event your files are too large to upload/download a hard drive can be purchased for an additional fee and deliveries and couriers will incur additional fees if required.

6.3. Upon completion of the project and receipt of final payment, Visualise Brands will provide the Client with the agreed-upon deliverables in the agreed file format(s).

6.4. File Storage: Visualise Brands will store a copy of your editable Canva design files for three months and retain the final, uneditable files in PDF or JPEG format for up to two years. However, it is the Client’s responsibility to download and back up all digital files upon receipt. Should you require Visualise Brands to resend files after delivery, an administrative fee will apply.

6.5. Delivery of Design Templates Created in Canva: If the Client has purchased a Canva design template from Visualise Brands, a Canva link will be provided to access the design work. These files are hosted on Canva’s platform, and it is the Client’s responsibility to save this link into their own Canva account. We recommend labeling the original file as “Master” and storing it securely to avoid accidental edits. For any modifications, please create a copy of the Master file and make edits on the duplicated version. In addition to Visualise Brands’ Terms and Conditions, all editable Canva template files are subject to Canva’s standard terms and conditions, available to view via your own Canva subscription. In the event that you need Visualise Brands to send you the files again, an admin fee may be charged.

• 6.6. Canva Pro Subscription: Visualise Brands creates all templates using Canva Pro to provide access to premium design elements and features. If the Client has purchased a Canva Design Template, they must have a Canva Pro subscription to fully access all design elements. A Canva Pro subscription is not included in Visualise Brands’ quotation and must be purchased directly by the Client. Files will not be accessible without an active Canva subscription.

6.7. For product Based Infographics: These shall be designed in PNG or JPEG format. Main listing infographics shall be designed in low resolution at 2500 x 2500 pixels.

6.8. For product based infographics for Amazon A+ and additional website infographics: These will be designed to fit the specific modules and sizes will vary from 300 x 300 pixels up to a maximum of 2000 pixels in low resolution.

6.9. Design Size and format: The agreed sizes are detailed in your quotation. Should you require any other formats and sizes this must be discussed and agreed in advance with Visualise Brands and the Client accepts that this may result in additional charges.

•

6.10. Master Design Files: The Client understands that master design files or templates of designs are not provided and not included in any design services unless specifically mentioned in the Client’s quotation.

6.11. Delivery: The Client understands that the final design files will be available to download for a period of 1 week from the completion date and that it is the Clients responsibility to download the files, make any back-up copies and store the files in a safe place. After this period, any request for further copies from Visualise Brands may be subject to additional fees. However, Visualise Brands shall only guarantee we keep editable versions of the design files for a period of 1 year from the completion date and shall only keep a copy of the final infographic file in JPEG format for a period of 2 years.

7. Payments & Fees

7.1. Payment: The Client agrees to pay Visualise Brands the total fee specified in the quotation.

7.2. An initial deposit of 50% is required before work begins. The remaining balance is due once the Client approves the final work and before delivery of the final files (Which ever comes sooner). The clients right to usage doesn’t come into effect until 100% of the project has been paid for. Payments are non-refundable once the work has commenced.

7.3. Prices are excluding VAT – Visualise Brands is not VAT registered

7.4. Payments must be made via Bank transfer

8. Confidentiality and Dealings

8.1. Assignment and Dealings: Visualise Brands may assign, mortgage, charge, subcontract, delegate, declare a trust over, or otherwise manage any or all of its rights and obligations under this agreement at any time.

8.2. The client may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over, or otherwise manage any of its rights and obligations under this agreement without prior written consent from Visualise Brands.

8.3. Each party agrees not to disclose any confidential information about the business, affairs, customers, clients, or suppliers of the other party, except as allowed by clause 8.1.

8.4. Each party may disclose the other party's confidential information: to its employees, officers, representatives, subcontractors, or advisers who need this information to fulfill obligations under the agreement, ensuring they comply with this confidentiality clause; and if required by law, a court of competent jurisdiction, or a governmental or regulatory authority.

8.5. Neither party shall use the other party’s confidential information for any purpose other than to fulfill obligations under this agreement.

8.6. Video Meeting Recordings: The client may not record any video meetings (e.g. on Teams, Zoom, WhatsApp) with Visualise Brands without prior written consent.

9. Termination of Agreement

9.1. Either party may terminate this Agreement in writing if the other party fails to fulfill their obligations as outlined here.

9.2. In the event of early termination by the Client, Visualise Brands shall be compensated for work completed up to the date of termination, and any deposit or payments are non-refundable.

9.3. This agreement shall be terminated if the Client fails to pay any amount due under this agreement on the due date for payment .

10. Dispute and Liability

10.1. Visualise Brands is not liable for any damages, including indirect, incidental, or consequential damages arising from the use or misuse of the design or photography materials.

10.2. Visualise Brands is committed to following Canva's terms of service in all design work, including restrictions on the commercial use of Canva elements and templates. The Client acknowledges that Canva’s terms of service and any third-party licensing restrictions apply and that Visualise Brands is not responsible for any of the Client’s compliance issues.

10.3. By agreeing to these terms, the Client acknowledges the limitations of Canva’s licensing. Any additional costs for extended licenses or permissions will be the Client’s responsibility. It is the Client’s responsibility to follow Canva’s terms and conditions of usage which can be found within their own Canva Subscription.

10.4. Visualise Brands shall not be liable if it is unable to fulfill any provision of the contract due to reasons beyond its control, including (but not limited to) Acts of God, Legislation, War, Acts of Terrorism, Fire, Flood, Drought, Power Failure, Lockout, Employee Strikes in furtherance of a dispute, or the inability to procure necessary materials for the contract's performance. During the continuation of such circumstances, the client may, by written notice, elect to terminate the contract and pay for work completed and materials used; however, subject to this, the client shall otherwise accept delivery when available.

10.5. The client agrees that Visualise Brands holds no responsibility for any alterations made by a third party after the artwork has been supplied by Visualise Brands to the client.

10.6. In the event of any bona fide dispute or difference arising between the parties in connection with the contract (excluding disputes related to non-payment of charges, for any reason), the parties shall seek to resolve such disputes in good faith or through mediation. It is the Client’s responsibility to promptly inform Visualise Brands of any issue that may lead to a dispute (including but not limited to quality, service, cost, or deadline concerns); without such notification, no disputes will be entertained.

10.7. Visualise Brands will under no circumstances be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this quote for any loss of profits, sales, business or revenue. Including: loss of business opportunity, loss of goodwill; or any indirect or consequential loss.

10.8: The Client understands that the Visualise Brands has no control over Canva’s, Amazon’s or Etsy’s rules, policies and terms of service or the amendment to their rules, policies and terms of service. As such, Visualise Brands shall not be liable where these 3rd parties change their rules, policies or terms of service and such change results in the Customer requiring additional Services. Any such additional Services will be subject to additional charges.

10.9. Notice of any loss, quality, or damage issues must be reported to Visualise Brands within five working days of delivery and receipt (whether physical or digital), with any formal claim regarding these issues submitted in writing to Visualise Brands within three working days thereafter. Visualise Brands shall not be liable for any claim unless these requirements are met.

10.11. Any discrepancies relating to an invoice must be reported to Visualise Brands within five working days of delivery and receipt (whether physical or digital), with any formal claim regarding these issues submitted in writing to Visualise Brands within three working days thereafter. Visualise Brands reserves the right to dismiss any claims and will not be held liable for any claim if the specified requirement is not adhered to.

11. Stock Imagery

11.1. Stock Imagery Selection: If Visualise Brands selects or receives stock images from the Client, we will not edit or color-match them to the client’s products or specifications. If the Client is dissatisfied with selected imagery, they are responsible for sourcing and purchasing alternative stock images and ensuring proper usage licenses.

11.2. Design Adjustments: If the client cannot find suitable imagery and requests new infographic designs without images, additional design fees may apply.

11.3. Stock Imagery Costs: Stock imagery purchases are not included in Visualise Brands’ design services and will incur additional charges if required.

11.4. Canva Stock Imagery: Stock imagery sourced via Canva is subject to Canva’s copyright terms, which the client agrees to follow. If the client sources images in Canva, they are responsible for ensuring the images have the correct copyright/usage.

12. CREDIT & MARKETING

12.3. Recording of shoots or training: The Client may record behind-the-scenes “snippit” videos and photos at photo shoots and training sessions, provided these are not used commercially. Any online or social media posts must credit Visualise Brands.

13. Additional Information

13.1. All documents including Presentations, Guides, Manuals and training materials provided throughout our correspondence with the Client are copyright © 2024 Eleanor Parnell Santos (Trading as Visualise Brands). All Rights Reserved. You are not permitted to share/sell them in any form without permission of the copyright holder and doing so could result in legal action.

13.2. Terms and Conditions may be changed at any time without prior notice.

Photoshoots Terms and Conditions

1. Schedule: Once a shooting schedule has been agreed upon, it must be kept. If applicable to your shoot, all sets for shooting must be available at the specified and agreed shoot time; the sets/location must be completely finished, i.e. dressed, glassed, cleared of building or decorating materials, and cleaned from ceiling to floor, including the windows. The shoot time does not allow for any delays that may be incurred by the * YOU or contractors to *YOU. If an area for shooting is not available and completely dressed for the shoot at it’s specific scheduled time * YOU are responsible for paying 100% of all fees. However, If * YOU notify Visualise Brands of a change of schedule or if the weather conditions do not permit a shoot, Visualise Brands will happily arrange an alternative shoot date suitable for both * YOU and Visualise Brands at no extra cost.

2. Exclusivity: Exclusive rights have been given to * YOU, which means you can use the images for the purposes specified in this quotation (For the promotion of *YOU around the world). The entire copyright in the photographs is retained by Eleanor Santos & Visualise Brands at all times, throughout the world. Visualise Brands may use any of these images for their own PR purposes, including social media.

3. Usage: The license to use comes into effect when payment has been made in full. The license only applies to the advertiser and product as stated in this document and it’s benefit shall not be assigned to any third party without the Photographer’s permission. * YOU retain the rights to use the imagery in any way to promote * YOU throughout the world. However * YOU may not sell this imagery to other parties or sell or pass it on to image banks outside their immediate agents and promoters.

4. Copyright: The license of the accepted pictures will be exclusive to * YOU and will cover usage as specified in clause 3. For imagery in relation to promoting * YOU, Visualise Brands retains the right to use any photograph to promote their work. The all uses license is subject to general terms and conditions and does not permit use for another product or sub-licensing, for example to a photo library/image bank. Visualise Brands will retain the copyright for any images that * YOU do not accept or do not use. Any location images (e.g. beach, golf etc.) that * YOU reject remain the property of Visualise Brands and Eleanor Santos & Visualise Brands will retain total copyright.

5. Eleanor Santos is a sole trader, trading as Visualise Brands and has been referred to in this document as Visualise Brands.

6. Portfolio & Social Media: Visualise Brands & Eleanor Santos reserves the right to use any photos shot, including those not chosen by * YOU, to use in our Portfolio and on our social media platforms, including the use to enter into photography & business awarded competitions. Visualise Brands also reserve the right to put posts on social media related to the actual shoot or edit process, should any of the content shot need to remain private until launch date please let us know in writing.

7. Refreshments: For shoots carried out on location or at your business premises or event, * YOU are responsible for providing water and hot drinks for all Visualise Brands team members. If the shoot carries on through mealtimes (Lunch & dinner), you will be expected to provide lunch and dinner where appropriate with at least one hot meal for shoots that last all day and into the night. For shoots taking place at my studio in Norwich, I will provide tea, coffee, water & biscuits at no cost to * YOU

8. Payment: A 50% deposit is due to book your shoot date & the 50% balance is due in full on the day of your shoot, after signing of this document. The 50% deposit is non-refundable for cancellation within 10-20 days prior to Shoot. Cancellation 21-40 days prior to shoot 25% Fee will be refunded (The cancellation fee will exclude expenses listed on the first page of the commission estimate unless these have already been paid out in full or an outside supplier has been hired in which case you must follow their cancellation policy).

9. Postponement: The days commissioned to Visualise Brands are fixed days with a fixed schedule. If for any reason the photo shoot cannot be carried out due to a fault on behalf of * YOU, it’s contractors or employees, Visualise Brands will receive their full fee and expenses in full. If additional days have to be organized * YOU must pay additional fees at Visualise Brands usual day rate/or pay the shoot quote in full again. Exceptions: a) * YOU will not be charged a postponement fee if the shoot needs to be rescheduled due to unforeseen circumstances e.g. Weather conditions. b)* YOU will not be charged a postponement fee for rescheduling for reasons raised by *YOU, but beyond their control, providing notice is given in advance. A new shoot schedule should be confirmed at a convenient time for both * YOU & Visualise Brands.

10. Shoot Cancellation or Postponement for Models, Venue or 3rd Pary suppliers. In the event a shoot is cancelled or postponed, the individual terms and conditions must be adhered to. Please ask to view specific fees.

11. Right to credit: The photographer’s name: Eleanor Parnell Santos – Visualise Brands will be printed on or in reasonable proximity to all published reproductions of the photograph(s). *YOU must only credit Eleanor Santos if you publish any image in external publications such as magazines or newspapers.

12. Delivery: An agreed date for delivery of imagery must be confirmed by * YOU and Visualise Brands. The agreed delivery date may not be equal to the number of days charged for “commission fees”. If the delivery date exceeds the “commissioned days of work”, *YOU will not be charged any additional fees.

13. Edit requests: In the event that *YOU require additional edits to the final imagery provided then *your delivery date for final images may be longer

14. VAT: Visualise Brands is not VAT-registered

15. By accepting a quotation, you automatically agree to the terms and conditions listed here.

16. If your photographs are too large to send via Sharepoint, we can purchase a hard drive on your behalf and post the images to you. The cost of the hard drive and postage fee will be charged to you prior to delivery of the hard drive with your final work

17. Payment Conditions:

Quotes are valid for 30 days from the date of issue unless an alternative is stated on your quote.

Please pay via Bank Transfer which is detailed on your quote.

IMPORTANT: We are not VAT registered and no VAT is being charged for this order.

Terms & Conditions Website Design and Development

1. Scope of Services

1.1. Visualise Brands provides website design and development services using the Wix platform, including but not limited to: website design, page layout, content integration, image optimisation, basic SEO setup and training on how to use the Wix platform can be added to your quote.

1.2. The specific services to be provided will be outlined in the project quote or agreement. Any additional work requested beyond the agreed scope will be subject to additional fees.

1.3. Visualise Brands does not provide ongoing website hosting, domain registration management, or technical support beyond the initial project completion unless specifically agreed in writing and included in a separate maintenance or support package. Wix charges a website fee for your website and this is not included in our quotation and should be paid directly by the client.

1.4. Third-party integrations, plugins, or applications (such as booking systems, payment gateways, or email marketing tools) may be incorporated into the website design. The Client is responsible for any fees, subscriptions, or licensing costs associated with these third-party services.

1.5. Visualise Brands may provide basic training on how to update and manage the website content using the Wix platform if specified in your quote. Additional training sessions beyond what is included in the project scope will be charged separately.

2. Project Timeline and Delivery

2.1. An estimated project timeline will be provided in the project quote. This timeline is dependent on the Client providing all required content, images, branding materials, and feedback within the agreed timeframes.

2.2. Delays in receiving content, assets, or feedback from the Client may result in an extended project timeline. Visualise Brands will not be held responsible for delays caused by the Client's failure to provide materials or timely responses.

2.3. The project will be considered complete once the Client has approved the final design and all agreed deliverables have been provided. Any requests for changes after final approval may be subject to additional fees.

2.4. Visualise Brands will provide the Client with access to the Wix website for review and feedback at agreed stages throughout the project. The Client is responsible for reviewing the work and providing clear, consolidated feedback within the specified timeframe.

2.5. If the Client does not respond to requests for feedback or approval within 14 days, Visualise Brands reserves the right to consider the project complete and proceed with final invoicing.

3. Client Responsibilities

3.1. The Client must provide all necessary content, including text, images, logos, branding guidelines, and any other materials required for the website, in a timely manner and in the format requested by Visualise Brands.

3.2. The Client is responsible for ensuring that all content, images, videos and materials provided to Visualise Brands are owned by the Client or that the Client has the legal right to use them. This includes copyright, trademark, and usage rights.

3.3. The Client must ensure that all content provided is accurate, up to date, and complies with all applicable laws and regulations, including but not limited to data protection laws, advertising standards, and industry-specific regulations.

3.4. The Client is responsible for obtaining and maintaining their own Wix subscription, domain name, and any third-party services or integrations required for the website to function as intended.

3.5. The Client must provide clear and consolidated feedback at each review stage. Visualise Brands will not be responsible for delays or additional costs resulting from unclear, contradictory, or repeatedly changing feedback.

4. Revisions and Amendments

4.1. The project quote will specify the number of revision rounds included in the agreed price. A revision round is defined as a set of feedback provided by the Client at a designated review stage.

4.2. Minor revisions and adjustments within the agreed scope are included in the project price. Major changes that alter the original design concept, structure, or scope of the project will be considered additional work and charged accordingly.

4.3. Requests for revisions or changes after the final approval and project completion will be subject to additional fees, charged at Visualise Brands' standard hourly rate or as agreed in a separate quote.

4.4. Visualise Brands reserves the right to refuse revision requests that fall outside the agreed scope of work or that require skills or services not included in the original agreement.

5. Payment Terms

5.1. Standard payment terms require a 50% deposit to book the project and commence work, with the remaining 50% balance due before the website is published live or final access is granted to the Client.

5.2. Until final payment has been received in full, the Client does not have permission to publish, use, or access the completed website. Visualise Brands retains full control of the website files and access until payment is complete.

5.3. Some projects may have bespoke payment arrangements. Clients should refer to their individual quote for specific payment terms applicable to their project.

5.4. Invoices are due for payment within 7 days of issue unless otherwise stated. Late payments may incur additional fees and may result in suspension of services or project work.

5.5. Visualise Brands is not VAT registered, and no VAT is charged on orders.

6. Website Ownership and Access

6.1. Upon receipt of full payment, the Client will be granted full access to the completed website and the Wix account in which it is built (if the Wix account is owned by the Client).

6.2. If Visualise Brands creates the website in a Wix account owned by Visualise Brands for the purpose of the project, ownership of the website will be transferred to the Client's own Wix account upon full payment and completion of the transfer process.

6.3. The Client is responsible for maintaining their Wix subscription and ensuring that all payments to Wix are kept up to date. Visualise Brands is not responsible for any loss of website access or functionality due to the Client's failure to maintain their Wix subscription.

6.4. The Client is responsible for maintaining backups of their website content after project completion. Visualise Brands is not responsible for any loss of data or content after the website has been handed over to the Client.

7. Intellectual Property and Usage Rights

7.1. Upon receipt of full payment, the Client is granted exclusive usage rights to the completed website design. However, copyright of the design work remains with Eleanor Parnell Santos (trading as Visualise Brands).

7.2. The Client may not sell, give away, or distribute the website design or any elements of it to third parties, other companies, or design banks without written permission from Eleanor Parnell Santos (Visualise Brands).

7.3. The Client may not replicate, reproduce, or use the design work created by Visualise Brands for any other websites or projects without written permission from Eleanor Parnell Santos (Visualise Brands).

7.4. Any templates, guides, training materials, or processes provided by Visualise Brands during the project are copyright of Eleanor Parnell Santos (trading as Visualise Brands) and may not be shared, sold, or distributed without written permission.

7.5. Visualise Brands may use third-party stock images, fonts, icons, or design elements that are licensed for use within the Wix platform. The Client's usage rights are subject to the licensing terms of these third-party elements.

7.6. The Client grants Visualise Brands a non-transferable licence to use, copy, and modify any materials the Client provides solely for the purpose of delivering the agreed website design services.

8. Credit and Marketing

8.1. The Client grants Eleanor Parnell Santos and Visualise Brands permission to showcase the completed website design in a portfolio or for self-promotion, including in ebooks, guides, case studies, and any marketing materials associated with Eleanor Parnell Santos and Visualise Brands.

8.2. This includes usage in printed, digital, and social media formats unless the Client specifies otherwise in writing before project completion.

8.3. Visualise Brands reserves the right to include a small credit link or badge on the website footer (e.g., "Website by Visualise Brands") unless the Client requests its removal in writing.

9. Website Functionality and Third-Party Services

9.1. Visualise Brands will design and build the website to function correctly on the Wix platform at the time of delivery. However, Visualise Brands cannot guarantee ongoing functionality if the Client makes changes to the website, Wix updates its platform, or third-party integrations change their terms or functionality.

9.2. Visualise Brands is not responsible for any issues, downtime, or loss of functionality caused by the Wix platform, third-party integrations, hosting services, or the Client's own actions after project completion.

9.3. The Client is responsible for ensuring that any third-party services integrated into the website (such as payment processors, booking systems, or email marketing tools) comply with all applicable laws and regulations.

9.4. Visualise Brands does not provide legal, financial, or compliance advice. The Client is responsible for ensuring that their website complies with all applicable laws, including but not limited to GDPR, cookie policies, accessibility standards, and e-commerce regulations.

10, Testing and Browser Compatibility

10.1. Visualise Brands will test the website on major modern browsers (such as Chrome, Firefox, Safari) and on desktop, tablet, and mobile devices to ensure responsive design and functionality.

10.2. Visualise Brands cannot guarantee that the website will display identically on all browsers, devices, or screen sizes due to variations in how different browsers and devices render websites.

10.3. The Client is responsible for testing the website and providing feedback during the agreed review stages. Any issues not reported during the review period may be subject to additional fees if corrections are requested after project completion.

11. Ongoing Maintenance and Support

11.1. Visualise Brands does not provide ongoing website maintenance, updates, or technical support after project completion unless specifically agreed in writing and included in a separate maintenance or support package.

11.2. The Client is responsible for updating website content, maintaining security, and ensuring that all plugins, integrations, and third-party services remain up to date after project completion.

11.3. Visualise Brands may offer ongoing support or maintenance packages separately. Details and pricing for these services will be provided in a separate agreement.

12. Limitation of Liability

12.1. Visualise Brands will use reasonable skill and care in providing website design services. However, Visualise Brands does not guarantee that the website will be error-free, the client must carefully check all information is correct prior to publishing the site

12.2. Visualise Brands is not liable for any indirect, consequential, or incidental damages arising from the use or inability to use the website, including but not limited to loss of revenue, loss of data, or loss of business opportunity.

12.3. Visualise Brands' total liability for any claims arising from the website design project shall not exceed the total amount paid by the Client for the project.

12.4. Visualise Brands is not responsible for any content provided by the Client, including but not limited to text, images, videos, or links. The Client is solely responsible for ensuring that all content is legal, accurate, and does not infringe on any third-party rights.

13. Termination and Cancellation

13.1. Either party may terminate the project by providing written notice. If the Client terminates the project before completion, they will be charged for all work completed up to the point of termination and no refund of the deposit will be provided.

13.2. If Visualise Brands terminates the project due to the Client's breach of these terms and conditions (such as non-payment, failure to provide required materials, or abusive behaviour), no refund will be provided, and the Client will be invoiced for all work completed.

13.3. If the project is terminated before completion, the Client will not receive access to any incomplete work, design files, or website access until all outstanding invoices have been paid in full.

14. Data Protection and Privacy

14.1. Visualise Brands will handle any personal data provided by the Client in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

14.2. The Client is responsible for ensuring that their website complies with all applicable data protection and privacy laws, including providing an appropriate privacy policy and cookie notice.

14.3. If the website collects personal data from users (such as through contact forms, newsletter sign-ups, or e-commerce transactions), the Client is responsible for ensuring that appropriate consent mechanisms and data processing agreements are in place.

15. General Terms

15.1. These terms and conditions are governed by the laws of England and Wales and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

15.2. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3. Visualise Brands reserves the right to update or amend these terms and conditions at any time. Any changes will apply to projects commenced after the date of the update.

15.4. These terms and conditions, together with the project quote or agreement, constitute the entire agreement between Visualise Brands and the Client and supersede any prior agreements or understandings.

15.5. All documents, including presentations, guides, manuals, and training materials provided throughout the project, are copyright 2025 Eleanor Parnell Santos (trading as Visualise Brands). All rights reserved. You are not permitted to share or sell them in any form without permission of the copyright holder, and doing so could result in legal action.