East London Creative Studio

Service Level Agreement

Please read our Service Level Agreement carefully as it applies to all and services provided by Lunes Creative Limited

Service Level Agreement

Lunes Creative Limited,
company number (11140589)
60 Dock Rd,
London E16 1YZ

Contact us:
hello@lunes.co.uk

Overview
The service-level agreement (SLA) aims to ensure that the expectations and needs of both the client and the supplier are clearly defined and heard. 

0. Definitions
0.1. A service level agreement (“SLA”) is like a guarantee. It describes what is covered in the event that problems of various kinds are detected in a project.
0.2. A “project” can be:
1. a brand, website, graphic or other design that can include: print materials, signage, web graphics, content, social media and strategy.
2. Social media marketing and management.
3. Video production.
0.3. “impact” is the term used to describe a situation where either the supplier or the customer acts in such a way as to make it unrealistic for the other to perform its part of the contract. This may include but is not exclusive to: failure to respond to calls or emails in a timely manner, (see clauses in Section 11), except by prior agreement with LUNES CREATIVE LIMITED.
0.4. The word “contract” as it appears in these terms and conditions means the contract between LUNES CREATIVE LIMITED and the client, which shall be based on the terms and conditions contained in this Service Level Agreement (SLA).

1. Contract
1.1. The terms and conditions contained in this SLA apply to all Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between LUNES CREATIVE LIMITED and the Client. In the event of any ambiguity between these terms and conditions, and any terms agreed in writing between LUNES CREATIVE LIMITED and the Client, then these terms and conditions will apply.
1.2. By accepting an estimate or quote, the Client is also accepting the terms and conditions contained in this SLA.
1.3. LUNES CREATIVE LIMITED reserves the right to make any changes to these terms and conditions from time to time.
1.4. This contract is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.

2. Quotation, estimate and costs
2.1. A detailed brief must be supplied via email by the Client for LUNES CREATIVE LIMITED to provide a quotation for a project. The quotation will be as accurate as possible based on a set of initial concepts or deliverables and an indicated number of revisions. 
2.2 An account management fee will be included in the quotation. This will be based on the predicted amount of time needed from LUNES CREATIVE LIMITED to support the delivery of a project and liaise with the Client day-to-day.
2.3. Work requested by the Client beyond the initial quotation, including a change in documented specifications, will be subject to additional charges, which will be confirmed with the client via email prior to the start of the additional work. 
2.4. All quotes, estimates, notes and other documents shared between LUNES CREATIVE LIMITED and the Client are commercially confidential and may not be disclosed to third parties without prior written consent.
2.5. Requests added to a project after the Client has accepted it may incur additional charges. Where possible, depending on the time frame requested by the Client, the Client will be informed of these additional charges by email prior to the commencement of the work.

3. Project acceptance
3.1. Client agrees to provide written approval of the proposal via email prior to the start of any work as a statement of agreement between Client and LUNES CREATIVE LIMITED regarding the work described in said proposal. The email agreement is the official signature.
3.2 The client will raise a PO if applicable and supply the PO number to LUNES CREATIVE LIMITED and pay 50% of the total fee immediately. (See section 8). No work will commence until both the PO number and 50% upfront payment are received by LUNES CREATIVE LIMITED.

4. Start of work
4.1. It is the Client’s responsibility to provide all necessary materials before the work begins. Missing documents or information will necessarily cause additional delays and sometimes duplicate work, which is not desirable for both parties. The customer must notify LUNES CREATIVE LIMITED of any expected delays so timelines can be updated. 

5. Account management
5.1 Emails and video calls will be used for communication unless agreed otherwise. LUNES CREATIVE LIMITED can be accessible on instant messaging platforms such as SLACK and Microsoft Teams for faster communication.
5.2 Clients will be kept up to date on relevant information about ongoing projects and sent weekly work in progress updates via email or on relevant project management platforms.
5.3 LUNES CREATIVE LIMITED’s working hours are from 9:00am to 5:30pm Monday to Friday, excluding bank holidays.
5.4 For any urgent matters, LUNES CREATIVE LIMITED will respond on the same working day.

6. Approval
6.1. Clients must approve projects by responding affirmatively to the email sent by LUNES CREATIVE LIMITED after carefully checking that the attached files do not require any further modification.
6.2. It is extremely important that the client carefully review and verify all files before sending approval. LUNES CREATIVE LIMITED will not be held responsible for any errors in a file that has been approved by the Client.
6.3. After approval, if the Client requires further modifications, this may result in delays and additional charges.
6.4. If an approved design file has already been put into production at the time the Client requires a change, the Client is required to pay the full cost of production as quoted, plus the same amount quoted again in order to put the new file into production.
6.5. LUNES CREATIVE LIMITED will deliver all products by email unless otherwise indicated.
6.6. Any additional costs incurred in requesting an alternative delivery method shall be borne by the Client.

7. Copyright
7.1. The working files (including but not exclusive to .indd, .ai, .muse, .aaf, .aep, .aet and .psd formats) and source code of the Project remains the intellectual property of LUNES CREATIVE LIMITED and may not be copied or used by any other party without the consent of LUNES CREATIVE LIMITED.
7.2. All scripts, CSS and included files used within Client websites remain the intellectual property of the LUNES CREATIVE LIMITED and may not be copied and used by any other party without the consent of the LUNES CREATIVE LIMITED.
7.3. By supplying text, images and other data to LUNES CREATIVE LIMITED for inclusion in the client’s branding, designs, websites, videos or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
7.4. Any artwork, images, or text supplied and/or designed by the LUNES CREATIVE LIMITED on behalf of the Client, will remain the property of LUNES CREATIVE LIMITED and/or it’s suppliers, in which full copyright can be passed to the client for an agreed fee.
7.5. The Client agrees to fully indemnify and hold LUNES CREATIVE LIMITED free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.
7.6. LUNES CREATIVE LIMITED reserves the right to use any work we produce for the purpose of self-promotion.

8. Billing
8.1. Under the terms of the Agreement, payment will be made in two parts (a and b) unless otherwise specified at the quotation/quote stage in accordance with clause 8.3:
a. 50% of the total balance of the quotation in order to start the work.
b. The final balance will be paid in full within 14 days of the invoice being sent.
8.2. LUNES CREATIVE LIMITED’S standard payment terms are 14 days from the date of invoice.
8.3. LUNES CREATIVE LIMITED will specify in the quote how a project will be billed. Large projects can be divided into a number of instalments plus a final invoice upon completion.
8.4. Payment can be made to LUNES CREATIVE LIMITED by bank transfer.
8.5. In special circumstances, where LUNES CREATIVE LIMITED and the Client have agreed to credit terms other than those set out in clause 8.1, all invoices must be paid immediately on or by the dates specified in the terms.
8.6. In the event of a late payment, LUNES CREATIVE LIMITED reserves the right to 1) suspend all further works for the Client until the outstanding payment is made in full 2) send a formal notice 3) charge late payment interest at 8% plus the Bank of England base rate from the day after the invoice beomes overdue 4) send to a collection service.
8.7. Under the terms of the agreement, until full payment is received, all design work is the intellectual property of LUNES CREATIVE LIMITED. It is subject to copyright and the client could incur a number of sanctions if they continue to use it without written authorisation.

9. Damages
9.1. LUNES CREATIVE LIMITED accepts no responsibility to the Client for the performance of any website, database or other entity/service developed/configured for the Client.

10. Termination
10.1. In the event that the Client becomes insolvent or goes into liquidation, LUNES CREATIVE LIMITED have the right to terminate the contract with the Client and charge the full value of the project work completed to that date, plus suspend any outstanding services.
10.2. In the event that a client impacts the progress of a project contract, LUNES CREATIVE LIMITED shall have the right to give 14 days written notice to the client of the termination of the contract. If the Client does not remedy satisfactorily the inconveniences incurred, within the 14 days notice period, LUNES CREATIVE LIMITED will have the right to terminate the contract. LUNES CREATIVE LIMITED will invoice the Client for the full value of the work performed to date.
10.3. In the event that LUNES CREATIVE LIMITED has attempted to contact the Client (by any means) more than twice within 30 days without success, this may be considered the Client impacting the progress of the Project and therefore the LUNES CREATIVE LIMITED reserves the right to terminate the contract and invoice the Client, or suspend the contract until a specified date which will be sent to the Client. If the client has not contacted LUNES CREATIVE LIMITED by the specified date, LUNES CREATIVE LIMITED will terminate the contract and charge the client 80% of the total project cost. Failure to pay within 30 days will result in the payment penalties listed above.