Terms & Conditions
1st April 2020
You will find our full Terms and Conditions below. If you have any queries relating to these terms please get in touch.
1.1 Making a booking, purchase or subscription with As Creatives or As Creatives Digital involves creating a Contract, the “Agreement”, between you, and us. The parties to this Agreement are: (1) the Client, who is the school or organisation for whom your work and enters into the Agreement and (2) our Company, As Creatives Ltd and / or As Creatives Digital, whose registered address is Studio B, Baltic Creative Campus, 49 Jamaica Street, L1 0AH. As Creatives Ltd and As Creatives Digiral is referred to in this Agreement as the “Company”, “we”, and “us”. By making the booking you are authorised to agree to these terms and conditions.
1.2 We provide our Services to you subject to these Terms and Conditions and you should read through it carefully before making a booking. We may make changes to the Terms and Conditions but the latest version will always appear at www.ascreatives.com/privacy and www.ascreativesconnect.com/support/privacy If you continue to use our Website or Services after changes have been made, you will be considered to have accepted the changes to the Agreement between us.
- Company means As Creatives Ltd and As Creatives Digital, whose registered address is Studio B, Baltic Creative Campus, 49 Jamaica Street, L1 0AH and registered number is OC328999 and 11249883.
2.2 Client or You means the school or organisation for whom you work.
2.3 Contract means the Contract made or to be made between As Creatives and the Client for the supply of the Services, subject to these conditions.
2.4 Fees mean the relevant service fees payable by the Organisation to access the service of As Creatives.
2.5 Delivery Location means the premises or location where the Services are to be supplied, as set out in the Order.
2.6 Services means the services will are providing to the Client, which can be programmes, workshops, performances, shows, resources or other services to be supplied by As Creatives to the Client.
2.7 Booking means the Customer’s order for the Services as set out on the Booking Form from the Supplier.
2.8 Intellectual Property Rights and Copyright mean all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
2.10 Website means our website www.ascreatives.com on which the Services are advertised.
3. Provision of Services
3.1 The Services will be provided by Creatives Ltd, company number is 06539679 and whose registered office is Studio B, Baltic Creative Campus, 49 Jamaica Street, Liverpool, L1 0AH.
3.2 The description of the Services and any Goods is as set out on the Website, leaflets, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the Service provided or in the size and colour of any Goods supplied.
3.3 In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.4 All Services which appear on the Website are subject to availability.
3.5 We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4. Client Responsibilities
4.1 You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
4.2 Failure to comply with the above is a client’s default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
5. Personal information
5.1 When you create an account on our website, buy a product or Service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
5.2 In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
5.4 We may use it in order to:
verify your identity for security purposes
- sell products to you
- provide you with our services
- provide you with suggestions and advice on products, services and how to obtain the most from using our website
5.4 Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
6. Fees and Payment
6.1 Charges for services to be provided by As Creatives are defined in the quotation fee that the Client receives via email. Quotations are valid for a period of 30 days unless otherwise stated. As Creatives reserves the right to alter or decline to provide a quotation after expiry of the 30 days unless otherwise agreed with the client.
6.2 An Invoice will be sent during the week in which your booking is taking place. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices.
6.3 Accounts that remain unpaid thirty (30) days after the date of the invoice will be assigned a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
6.4 We ask that if you are paying via your Local Authority or another body you notify us on the booking form.
6.5 Payment for services is due by bank transfer or cheque. Cheques should be made payable to As Creatives and sent to Studio B, Baltic Creative Campus, 49 Jamaica Street, Liverpool, L1 0AH. Bank details are made available on invoices.
7.1 We will deliver the Services, including any Goods, to the Delivery Location by the time or on the agreed date or within the agreed period or, failing any agreement:
7.2 In the case of Services, within a reasonable time; and
7.3 In the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
7.4 In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
7.5 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
7.6 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
8. Copyright and Intellectual Property Rights
8.1 Copyright (including any resources, approaches, images, designs, illustrations, photographs, animations, video, audio, music and text incorporated into the Service provided by As Creatives is owned or licensed by As Creatives Ltd and is protected by United Kingdom copyright laws.
8.2 All material displayed on the As Creatives website belongs to As Creatives Ltd.
8.3 You may not;
- redistribute any of the content
- modify, reproduce or in any way commercially exploit any of the content
- reverse engineer, decompile, or dissemble any As Creatives content
9. Withdrawal and cancellation
9.1 You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
9.2 Once the Booking Form is returned your Order is then confirmed in our diary and our Contract with you comes in to force.
9.3 Once this booking form has been returned you will be liable for any travel or accommodation costs that we have incurred if you cancel at any point. Receipts will be provided.
9.4 Our Cancellation Policy is as follows:
- Any cancellations made within 4 weeks of the course date will be charged 50% of the fee.
- Any cancellations made within 14 days of the course date will be charged the full fee.
9.5 As Creatives will aim to reschedule a workshop or programme if As Creatives is forced to cancel or postpone the workshops or programme for any reason.
10. Returning Goods
10.1 If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Studio B, Baltic Creative Campus, Merseyside, L1 0AH without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
11.1 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
11.2 Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- We will supply the Services with reasonable skill and care.
12. Circumstances beyond the control of either party
12.1 We will have no liability to You if we are prevented from or are delayed in performing our obligations due to any circumstances and/or reasons which are outside of our control. These circumstances and reasons include strikes, lock-outs or other industrial disputes (whether involving the workforce of your school / employer or orgnaisation, or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, sanctions, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors and/or non-performance of any services by As Creatives’ suppliers, banks or subcontractors.
13.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
14. Governing law, jurisdiction and complaints
14.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
14.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
14.3 We try to avoid any dispute, so we deal with complaints as follows: All complaints should be made in writing to [email protected] We will aim to respond with an appropriate solution within 5 working days.
By entering into a Contract with the As Creatives you agree to abide by the terms of these Terms and Conditions of Use. We hope you enjoy working with the As Creatives and we welcome feedback and suggestions for improvements.
As Creatives Ltd and As Creatives Digital Ltd
Studio B, Baltic Creative Campus
[email protected] and [email protected]
0151 708 8886
Terms and Conditions last updated January 2020