TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.elmbrickcreative.com (the "Site"). This Site is owned and operated by Elmbrick Creative. This Site is a portfolio.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Elmbrick Creative and the Site's creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.
By working with Elmbrick Creative, clients grant permission for anonymised or credited project materials to be showcased in our portfolio, unless otherwise agreed in writing.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent;
Post any material that may be deemed inappropriate or offensive;
Attempt to gain unauthorised access to the website, its systems, or other users’ data;
Distribute spam, viruses, or other harmful code;
Misrepresent your identity or affiliation when using our forms or booking systems;
Harvest, copy, or republish our content without consent;
Use the site in a way that could disrupt our services or harm others’ access;
Make false or misleading statements about the company or its services;
Misuse our brand name, logo, or visual identity;
Impersonate Elmbrick Creative or any of its team members;
Associate Elmbrick Creative with unauthorised or unethical activities; or
Publish or distribute defamatory, offensive, or harmful content related to the business.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Links to Other Websites
Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
Limitation of Liability
Elmbrick Creative and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Elmbrick Creative and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Country of England.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Elmbrick Creative are unable to resolve any dispute through informal discussion, then you and Elmbrick Creative agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Elmbrick Creative. The costs of any mediation will be shared equally between you and Elmbrick Creative.
Notwithstanding any other provision in these Terms and Conditions, you and Elmbrick Creative agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Additional Terms
Intellectual Property Rights
All content, visuals, designs, logos, and copy created by Elmbrick Creative remain the property of Elmbrick Creative until full payment is received. Upon payment, ownership of deliverables transfers to the client unless otherwise agreed in writing.
Unauthorised use, reproduction, or distribution of any materials from this site or our work is strictly prohibited.
Payment Terms
Payments for services are due according to the invoice terms provided at the time of booking or project agreement. Late payments may incur additional fees or cause project delays.
Right to Refuse Service
Elmbrick Creative reserves the right to decline or terminate a project or service if a client engages in abusive behaviour, breaches these terms, or requests work that violates our ethical standards.
Limitation of Liability
Elmbrick Creative is not liable for indirect, incidental, or consequential damages resulting from the use or misuse of our services or website. While we aim for excellent results, we cannot be held responsible for external factors affecting outcomes (e.g. algorithm changes, market shifts).
Termination of Access
Elmbrick Creative reserves the right to restrict or terminate access to the website without notice for users who breach these terms.
Modifications to Terms
We may update these terms from time to time. Continued use of the website constitutes acceptance of any changes.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Email: hello@elmbrickcreative.com
Phone: N/A
You can also contact us through the feedback form available on our Site.
Effective Date: ________ day of ________________, ________
© 2025 Elmbrick Creative. All Rights Reserved.