Terms & conditions
Last reviewed: October 2025 by Chloe Baldwin
Website terms & conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.buttercrumble.com / www.buttercrumble.co.uk website (the "Service") operated by Buttercrumble ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Retention of copyright
This website, and the information which it contains, is the property of Buttercrumble and their licensors. It is protected from unauthorised copying and dissemination by the United Kingdom's copyright law, trademark law, international conventions and other intellectual property laws. Buttercrumble is a registered trademark. All Buttercrumble product names and logos are trademarks. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Buttercrumble.
Buttercrumble has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Buttercrumble shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing law
These Terms shall be governed and construed in accordance with the laws of England and Wals, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Copy of our terms of service
All design partners are provided with a copy of the following terms before any working relationship commences:
1. Definitions
As used herein and throughout this Agreement:
1.1 Agreement means the entire content of this basic terms and conditions document, the proposal document(s), schedule, together with any other supplements designated below together with any exhibits, schedules or attachments hereto.
1.2 Intellectual Property Rights: All rights in copyright, design, trade marks, trade secrets, moral rights, and any similar rights, whether registered or not, worldwide.
1.3 Deliverables means the services and work product specified in the proposal to be delivered by Designer to Client, in the form and media specified in the proposal.
1.4 Designer tools means all tools, frameworks, templates, and methods used in producing the Deliverables, whether pre-existing or newly developed. These remain the property of the Designer.
1.5 Final works means the final creative elements delivered to the Client, developed specifically for the Project.
1.6 Final deliverables means the final versions of deliverables provided by Designer and accepted by Client.
1.7 Preliminary works means all creative content including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Designer and which may or may not be shown and or delivered to Client for consideration but do not form part of the final works.
1.8 Project means the scope and purpose of the Client’s identified usage of the work product as described in the proposal.
1.9 Services means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the proposal.
1.10 Third party materials means proprietary third party materials which are incorporate into the final deliverables, including without limitation stock photography or illustration.
1.11 Working files means all underlying work product and digital files utilised by Designer to create the preliminary works and final works other than the format comprising the final deliverables.
2. Scope and duration
2.1 The Agreement is valid for 30 days from Proposal date.
2.2 Any changes to the scope or timeline must be agreed in writing. Major changes may require a revised Proposal.
2.3 The Agreement remains in effect until completion of the Services unless terminated earlier following the termination details outlined in this Agreement.
3. Fees, payments, and expenses
3.1 Fees. In consideration of the services to be performed by Designer, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
3.2 Expenses. The Client agrees to reimburse reasonable out-of-pocket expenses (with prior approval), including travel, materials, and third-party costs, plus a handling fee of 20% where applicable.
3.3 Invoices. An upfront and advance payment (typically 50% of the total project fee) is required to commence the project. All invoices are payable within thirty (30) days of receipt. A monthly service charge of 8 percent is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges, or the costs of changes.
3.4 The Client agrees not to apply any set-off or deduction against fees owed.
4. Changes
4.1 General changes. The standard project services includes an initial concepts stage and two iteration stages unless otherwise stated. The Client has the opportunity to provide feedback for changes on completion of each of these stages by the Designer. One round of reasonable amendments is included in the cost if raised after the final outcomes are sent for review. The Client shall pay additional charges for changes requested which are outside the scope of the services on a time and materials basis, at Designer’s standard hourly rate of £90 per hour. Such charges shall be in addition to all other amounts payable under the proposal, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the proposal and deliverables as may be required by such changes.
4.2 Substantive changes. If Client requests or instructs changes that amount to a revision in or near excess of ten percent (10%) of the time required to produce the deliverables, and or the value or scope of the services, Designer shall be entitled to submit a new and separate proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised proposal and, if required, any additional retainer fees are received by Designer.
4.3 Timing. Designer will prioritise performance of the services as may be necessary or as identified in the proposal, and will undertake commercially reasonable efforts to perform the services within the time(s) identified in the proposal. Client agrees to review deliverables within the time identified for such reviews and to promptly either, (i) approve the deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the proposal and that any delays in Client’s performance or changes in the services or deliverables requested by Client may delay delivery of the deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this agreement.
4.4 Testing and acceptance. Designer will exercise commercially reasonable efforts to test deliverables requiring testing and to make all necessary corrections prior to providing deliverables to Client. Client, within five (5) business days of receipt of each deliverable, shall notify Designer, in writing, of any failure of such deliverable to comply with the specifications set forth in the proposal, or of any other objections, corrections, changes or amendments Client wishes made to such deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this agreement. In the absence of such notice from Client, the deliverable shall be deemed accepted.
5. Client responsibilities
5.1 Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than the Designer; (b) provision of Client content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided in the proposal; (c) final proofreading and in the event that Client has approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors; and (d) ensuring that all information and claims comprising Client content are accurate, legal and conform to applicable standards in Client’s industry.
6. Intellectual property and licensing
6.1 Unless otherwise agreed, the Designer retains all Intellectual Property Rights in the Deliverables.
6.2 Upon full payment, the Client receives a non-exclusive, non-transferable, perpetual licence to use the Final Works solely as defined in the Proposal and in connection with the project.
6.3 The Client may not adapt, crop, edit, redistribute or reuse the Deliverables outside the intended usage without prior written consent.
6.4 Where applicable, Trademarks provided by the Client remain their property. The Designer does not assign any trade mark rights unless separately agreed.
6.5 The Designer may use the Deliverables for self-promotion, unless restricted by a signed NDA. This includes the right to reproduce, publish and display the deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
6.6 All Working Files, Preliminary Works, and Designer Tools remain the property of the Designer.
6.7 Use of Deliverables beyond agreed scope will incur a charge of 50% of the original fee, unless otherwise agreed.
7. Confidential information
7.1 Each party acknowledges that in connection with this agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation preliminary works (“confidential information”). Each party, its agents and employees shall hold and maintain in strict confidence all confidential information, shall not disclose confidential information to any third party, and shall not use any confidential information except as may be necessary to perform its obligations under the proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, confidential information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
8. Relationship of the parties
8.1 Independent contractor. Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the services are accomplished. This agreement does not create a partnership or joint venture and neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this agreement.
8.2 Subcontractors. Designer shall be permitted to engage and/or use third party Designers or other service providers as independent contractors in connection with the services. Notwithstanding, Designer shall remain fully responsible for such subcontractors’ compliance with the various terms and conditions of this agreement.
8.3 No solicitation. During the term of this agreement, and for a period of six (6) months after expiration or termination of this agreement, Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any Designer, employee, subcontractor of Designer, whether or not said person has been assigned to perform tasks under this agreement.
8.4 No exclusivity. The parties expressly acknowledge that this agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other Clients and otherwise advertise the services offered by Designer.
9. Warranties and representations
9.1 The Client warrants that all Client Content provided is accurate and lawful, and that they have the right to use such materials.
9.2 The Designer warrants that, to the best of their knowledge, the Deliverables are original and do not infringe third-party rights.
9.3 These warranties do not apply where the Deliverables are altered, reused beyond the intended scope, or used unlawfully by the Client.
10. Indemnification and liability
10.1 The Client shall indemnify and keep indemnified the Designer against any and all claims, losses, damages, liabilities, expenses or costs (including reasonable legal fees) arising out of or in connection with:
the use of Client Content;
any breach of this Agreement by the Client;
any unauthorised use or misuse of the Deliverables;
any claim that the Client Content infringes the rights of a third party.
10.2 The Designer shall indemnify the Client only for proven direct losses arising from a claim that the Deliverables, as originally supplied and unaltered, infringe the Intellectual Property Rights of a third party, except where the infringement results from materials supplied by the Client.
10.3 In any indemnity situation, the indemnifying party will have the right to control the defence and settlement of the claim. The other party must provide reasonable cooperation.
10.4 The Designer’s total liability under this Agreement shall not exceed the total fees paid by the Client. The Designer shall not be liable for any loss of profit, loss of business, or indirect or consequential losses.
10.5 The Client accepts that all Deliverables are provided “as is” and that the Designer provides no guarantee of specific outcomes or results from their use.
11. Term and termination
11.1 Term. This agreement shall commence upon the effective date and shall remain effective until the services are completed and delivered.
11.2 Either party may terminate this Agreement on written notice if the other:
• Becomes insolvent; or
• Breaches a material obligation and fails to remedy within 10 days.
11.3 If the Client terminates for convenience, they must pay for all work completed plus a 25% cancellation fee. The Client shall not use or reproduce any part of the work completed to date without the prior written consent of the Designer.
11.4 If the Designer terminates for convenience, rights to the accepted Deliverables will transfer to the Client on full payment. Any draft or partial work remains the sole property of the Designer unless agreed otherwise in writing.
11.5 On termination, each party shall return or destroy confidential information.
12. General
12.1 Modification/waiver. This agreement may be modified by the parties. Any modification of this agreement must be in writing, except that Designer’s invoices may include, and Client shall pay, expenses or costs that Client authorises by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
12.2 Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or email, upon confirmation of receipt (by automated confirmation or substantive reply by the recipient).
12.3 No assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party except that this agreement may be transferred or sold as part of a transfer or sale of the assigning party’s entire business or portion thereof relating to the project.
12.4 Force majeure. Designer shall not be deemed in breach of this agreement if Designer is unable to complete the services or any portion thereof by reasons beyond their control. Upon occurrence of any force majeure event, Designer shall give notice to Client of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.
12.5 Governing law and dispute resolution. This Agreement is governed by the laws of England and Wales. Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
12.6 Severability. If any clause is found unenforceable, the remainder will still apply.
12.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this agreement nor shall such headings otherwise be given any legal effect.
12.8 Integration. This agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this agreement. In the event of a conflict between the proposal and any other agreement documents, the terms of the proposal shall control. Any other ambiguities shall be resolved with the most reasonable and legally valid construction, without regard to authorship of such provisions. This agreement comprises this basic terms and conditions document, intellectual property provisions, the proposal and schedule.
Contact us
If you have any questions about these Terms, please contact us.