Terms & Conditions for Bespoke Services

These Terms & Conditions apply to bespoke services provided by Spatial Creative Ltd.

We have tried to keep these terms clear, fair and straightforward. They set out what you can expect from Spatial Creative Ltd, what we need from you, and how projects will be managed.

1. About Us

Spatial Creative Ltd provides immersive experience design, 3D content creation, software development, immersive presentations, event delivery and related creative and technical services.

Our registered company details and contact information are available on our website.

2. Our Agreement

Before starting a project, Spatial Creative Ltd will normally provide a proposal, quotation, statement of work or similar document describing the work to be undertaken, associated costs and any project-specific terms.

Together, that document and these Terms & Conditions form our agreement with you.

If there is any conflict between these Terms & Conditions and terms specifically agreed within a proposal or statement of work, the project-specific terms will take precedence.

A project is considered ordered once the client accepts the relevant proposal or quotation, issues a purchase order, provides written instruction to proceed, or makes any payment required to commence the work.

3. Scope of Work

Spatial Creative Ltd will provide the services and deliverables described in the agreed proposal or statement of work.

Pricing and timescales are based on the scope and information available when the proposal is prepared.

Projects can evolve as ideas are developed. Spatial Creative Ltd is happy to accommodate changes, but where a change materially affects the agreed scope, cost or timescale, we will explain the impact and agree any additional charges before carrying out the additional work.

4. Design, Feedback and Approval

Creative and experience design is an iterative process, and our proposals may include a defined number of review and revision rounds.

Spatial Creative Ltd will work collaboratively with the client to develop the agreed deliverables and will ask the client to review and approve key stages before proceeding.

The client is responsible for providing clear and consolidated feedback within the agreed timescales.

Once a stage or deliverable has been approved, significant changes to previously approved work may be treated as additional work and charged separately.

Where a proposal specifies a maximum number of revision rounds, further revisions may be charged at Spatial Creative Ltd’s standard day rates or quoted separately.

5. Client Responsibilities

Successful projects depend on good collaboration.

The client agrees to provide the information, content, branding, assets, reference materials, access, feedback and approvals reasonably required by Spatial Creative Ltd to deliver the project.

The client is responsible for ensuring that any materials supplied to Spatial Creative Ltd are accurate and that the client has the necessary rights and permissions for those materials to be used as part of the project.

The client should provide feedback, information and approvals within agreed timescales. Where delays affect the project schedule, Spatial Creative Ltd may revise the delivery dates accordingly.

6. Fees and Payment

Fees and payment terms will be set out in the relevant proposal or quotation and are exclusive of VAT unless stated otherwise.

Spatial Creative Ltd may require full or partial payment before commencing a project or individual phase of work.

Invoices must be paid by the due date stated on the invoice.

If an invoice becomes overdue, Spatial Creative Ltd reserves the right to pause work or withhold delivery until the outstanding balance has been paid.

Reasonable travel, accommodation, shipping and other agreed project expenses may be charged in addition to the quoted fees where required to deliver the work.

7. Estimates and Additional Work

Where Spatial Creative Ltd provides an estimate rather than a fixed price, the estimate is based on our reasonable understanding of the work required at that time.

If the requirements change or additional work is identified, Spatial Creative Ltd will explain the impact and agree any additional costs before undertaking that work.

Additional work may be quoted separately or charged at our standard day rates, as agreed with the client.

8. Project Timescales

Spatial Creative Ltd will make reasonable efforts to meet agreed project dates.

Delivery dates may depend on timely feedback, approvals, content, access or other input from the client or third parties.

If client delays affect our ability to meet an agreed date, Spatial Creative Ltd may revise the project schedule.

If circumstances outside our reasonable control affect delivery, we will inform the client as soon as reasonably practical and work with them to agree an appropriate revised plan.

9. Cancellation and Postponement

Once a project has been ordered, the client is committed to the full project and it may not be cancelled without the agreement of Spatial Creative Ltd.

If the client cancels the project after an order has been placed, the full agreed project cost will remain payable and Spatial Creative Ltd reserves the right to invoice any outstanding balance.

If the client requests that a project is postponed, Spatial Creative Ltd will make reasonable efforts to accommodate the change. Any additional costs arising from the postponement, including costs associated with rescheduling resources, equipment, travel, venues or third-party suppliers, will be charged to the client.

Any payments already made are non-refundable.

10. Intellectual Property

Spatial Creative Ltd retains ownership of its existing technology, software, tools, frameworks, processes, templates, libraries, techniques and other intellectual property used in delivering a project.

Unless otherwise agreed in the proposal, once all relevant invoices have been paid, the client may use the bespoke deliverables created specifically for them for the purposes for which they were commissioned.

Where a project includes third-party assets, software, fonts, models, music, imagery or other licensed material, their use remains subject to the relevant third-party licence terms.

Any transfer of ownership or assignment of intellectual property must be specifically agreed in writing.

11. Portfolio and Promotional Use

Unless otherwise agreed, Spatial Creative Ltd may refer to completed and publicly released work in its portfolio, website, presentations, case studies, awards submissions and other marketing materials.

Spatial Creative Ltd will respect confidential projects, agreed embargoes and reasonable restrictions agreed with the client.

12. Confidentiality

Spatial Creative Ltd and the client agree to keep confidential information received from the other party confidential and to use it only for purposes connected with the project.

This obligation does not apply to information that is already publicly available, becomes public through no fault of the receiving party, was already lawfully known to the receiving party, or must be disclosed by law.

Where required, Spatial Creative Ltd is happy to enter into a separate non-disclosure agreement.

13. Third-Party Services and Suppliers

Some projects may require third-party suppliers, software, platforms, equipment, venues, content or services.

Spatial Creative Ltd will take reasonable care when selecting and working with third parties but cannot guarantee the availability, performance or continued operation of products and services outside our control.

Where additional third-party costs are required, these will be agreed with the client wherever reasonably possible before they are incurred.

14. Hardware and Event Delivery

Where Spatial Creative Ltd provides hardware or equipment for a presentation, demonstration or event, we will take reasonable steps to ensure that it is appropriately configured, tested and ready for the agreed use.

Unless otherwise agreed, the client is responsible for providing a suitable venue, power, physical environment, access and any permissions required for the presentation or event.

Where equipment is hired or provided by Spatial Creative Ltd, the client is responsible for taking reasonable care of that equipment while it is in their possession or under their control. The client may be charged for loss or damage resulting from misuse, negligence or failure to follow reasonable instructions.

Immersive experiences may depend on hardware, operating systems, local networks and third-party technologies. While Spatial Creative Ltd designs and tests its solutions carefully, we cannot guarantee that technical issues will never occur.

Where on-site presentation delivery is included, Spatial Creative Ltd will provide the agreed personnel to set up, test and support the experience and take reasonable steps to ensure the presentation runs reliably and effectively.

15. Health and Safety

Immersive and virtual reality equipment may not be suitable for everyone.

Users should follow any instructions provided by Spatial Creative Ltd and the relevant hardware manufacturer and should stop using immersive equipment if they experience discomfort, dizziness, nausea, disorientation or other adverse effects.

The client is responsible for ensuring that participants are provided with any appropriate safety information and that the environment in which the equipment is used is suitable for its intended use.

16. Quality and Acceptance

Spatial Creative Ltd will provide its services with reasonable care and skill and will test deliverables as appropriate for their intended use.

The client should review deliverables promptly and notify Spatial Creative Ltd of any material issue against the agreed specification.

Where a deliverable does not materially meet the agreed requirements as a result of Spatial Creative Ltd’s work, we will take reasonable steps to correct the issue.

Changes in preference, new requirements or requests that fall outside the agreed scope are not considered defects and may be charged separately.

17. Liability

Spatial Creative Ltd will provide its services with reasonable care and skill.

To the fullest extent permitted by law, Spatial Creative Ltd will not be responsible for indirect or consequential losses, loss of profit, loss of revenue, loss of business, loss of anticipated savings or losses arising from circumstances outside our reasonable control.

Spatial Creative Ltd will not be responsible for losses caused by inaccurate or incomplete information supplied by the client, changes made by the client or a third party, or failure of third-party hardware, software, platforms, networks or services outside our control.

To the fullest extent permitted by law, Spatial Creative Ltd’s total liability arising from or relating to a project will not exceed the total fees paid or payable to Spatial Creative Ltd for that project.

Nothing in these Terms & Conditions excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

18. Events Outside Our Control

Neither Spatial Creative Ltd nor the client will be responsible for failing to meet their obligations because of circumstances reasonably outside their control.

These may include severe weather, major transport disruption, venue closure, power or network failure, industrial action, government action, failure of third-party infrastructure or other events that could not reasonably have been anticipated or avoided.

Where this happens, both parties will work together in good faith to find a reasonable way forward.

19. Ending the Agreement

Spatial Creative Ltd may terminate an agreement where the client commits a serious breach of these terms and, where the breach can reasonably be corrected, fails to correct it within a reasonable period after being asked to do so.

Spatial Creative Ltd may also suspend or terminate work where invoices remain unpaid, the client fails to provide information or cooperation necessary to deliver the project, or continuing the project would create a legal, safety or reputational risk.

Termination by Spatial Creative Ltd does not affect any fees already due or costs reasonably committed.

The client’s right to cancel an ordered project is governed by Section 9.

20. Changes to These Terms

Spatial Creative Ltd may update these Terms & Conditions from time to time.

The version applying to a project will normally be the version in effect when the relevant proposal, quotation or order is accepted, unless otherwise agreed in writing.

21. Governing Law

These Terms & Conditions and any agreement between the client and Spatial Creative Ltd are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction over any dispute arising from or relating to them.

22. Contact

If you have any questions about these Terms & Conditions, please contact Spatial Creative Ltd using the contact details provided on our website.