Terms and Conditions

These Terms and Conditions (“Terms”) apply to all services provided by Barbara Potgieter T/A The You Co. (“the Studio”, “we”, “us”, Our”).

By engaging our services, approving a quotation, paying a deposit, or instructing us to commence work, you (“Client”, “you”) confirm that you have read, understood, and agreed to these Terms.

Electronic Agreement
Electronic approval via email, digital payment, or the submission of project materials constitutes a binding agreement under UK electronic signature law (including the Electronic Communications Act 2000). By initiating any of these actions, you agree to be bound by these Terms and Conditions in full.

A PDF copy of these Terms is available upon request by emailing contact@theyouco.co.uk, and the most current version is always available on our website.

Last Updated: 25 June 2026

1. Services
The Studio provides professional creative, digital, and communications services, including but not limited to:
 

• Editorial design, information design, layout, and typesetting

• Website design and development

• Copywriting, content creation, and editorial services

• Marketing strategy, digital marketing, public relations (PR), and media consultancy

• Related creative or consultancy services as agreed in writing

Some services may be delivered by approved associates or third-party providers. All work is carried out professionally, to the agreed scope and timeline. No guarantee is made regarding commercial outcomes, such as increased sales, web traffic, media coverage, or engagement.

2. Project Scope and Revisions

•  Project scope, timeline, deliverables, and fees are agreed in writing before work begins.

• Unless otherwise stated, two (2) rounds of revisions are included. A single round of revisions is strictly defined as a consolidated, compiled list of feedback or requested changes sent by the Client’s designated point of contact in a single communication.

• Additional revisions or work outside the agreed scope may incur a fee and affect timelines.

• Minor adjustments (text, layout, or formatting) count as revisions; major redesigns or new concepts outside scope are treated as additional work.

• Ongoing Support and Maintenance: Unless explicitly agreed in writing, ongoing support, maintenance, or management of websites, digital campaigns, or other deliverables is not included. Any ongoing support services will require a separate agreement and may incur additional fees.

3. Changes to Scope

• Reductions: Fees are generally not reduced if work has commenced or time has been reserved. If work has not commenced, a credit or adjustment may be offered at the Studio’s discretion.

• Additions: Additional tasks require written agreement and may require a revised fee and timeline. No additional work will commence without prior written approval.

4. Production Scheduling & Priorities

• Scheduling Alignment: Project schedules are carefully planned across the Studio’s entire portfolio of clients. Unless a specific, dedicated day rate has been booked or a Rush Fee has been explicitly agreed in writing, the Client acknowledges that the Studio operates on a non-exclusive basis and does not guarantee immediate turnaround times.

• Response Windows: While the Studio strives to be highly responsive, communications (emails, messages, or asset deliveries) received outside of standard studio working hours, or during periods of high project volume, will be addressed in the order they are received. The initiation of a project does not grant the Client automatic or immediate priority over other scheduled Studio commitments.

5. Fees and Payment Structure
All fees are quoted in GBP (£). The Studio is not VAT registered; no VAT is charged on invoices. Fees are calculated based on the specific billing model mapped to the agreed scope of work.
 

•  A. Fixed-Price Projects
  Applicable for projects with a clearly defined scope, page volume, or digital deliverables.

  • Projects valued at £600 or less require full payment upfront.

  • Projects over £600 require a 50% non-refundable deposit to commence work and secure production scheduling.

  • The remaining 50% balance is due immediately upon client approval and strictly prior to the release of final print-ready files, open assets, or the launch of a live website.
     

• B. Monthly Retainers

  • Offered at the Studio’s discretion for ongoing, long-term strategic support.

  • Retainer services are billed as a flat monthly fee and require a minimum initial commitment term as agreed in writing.

  • Retainer fees are invoiced upfront on the 1st day of each month for that month’s activity and are payable within 7 calendar days.

  • Unused hours or deliverables do not roll over to subsequent months unless explicitly agreed in writing.

  • The Studio reserves the right to review, adjust, or revoke retainer terms upon providing 30 days’ written notice.
     

• C. Day / Half-Day Bookings

  • Applicable for standalone advisory sessions, media consultation calls, or rapid-turnaround layout adjustments.

  • Half-day: up to 4 hours. Full-day: up to 8 hours.

  • Payment is required in full (100% upfront) to lock the booked date(s) into the Studio’s calendar. Bookings are non-refundable but may be rescheduled once with at least 48 hours' notice, subject to availability.
     

• D. Associate & Third-Party Management

  • Where the project scope requires the engagement of approved associates (such as specialised developers, copywriters, or sub-contractors), the Studio handles the hiring, briefing, and management of these parties. The cost of such resources is consolidated into the Studio’s overarching fixed fee or project quote, inclusive of a management mark-up. The Client remains contractually and financially bound solely to the Studio.
     

• E. Late Payment

  • The Studio reserves the right to pause all current work, withhold final deliverables, or restrict website access until all outstanding invoices are cleared in full.

  • Overdue payments may incur interest at 2% per month above the Bank of England base rate, calculated daily, or the maximum permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
     

• F. International Payments & Bank Fees

  • Clients are responsible for all fees, charges, or currency conversion costs arising from international or online payments.

  • Bank transfers must be executed using the OUR option (where the sender pays all fees), not SHA, to ensure the full invoiced amount is received by the Studio.

  • Payments via platforms such as Wise, PayPal, or Stripe are accepted; any associated handling fees or conversion shortfalls will be billed back to the Client.

  • Net of Tax: All payments due to the Studio shall be made in full without any deduction or withholding for or on account of any taxes, duties, levies, or charges of any nature imposed by any international authority. If the Client is required by foreign law to make any such deduction, the Client shall gross up the payment so that the Studio receives the full net amount stated on the invoice.
     

• G. Chargebacks and Payment Reversals

  • In the event of an unauthorised chargeback, payment reversal, or disputed transaction after services have been delivered, all usage licences and intellectual property rights granted to the Client under these Terms shall immediately cease. The Studio reserves the right to pursue recovery of the outstanding balance and all associated legal or collection costs.

6. Rush / Expedited Work

• Rush requests are subject to availability and confirmed in writing.

• Rush fees apply in addition to standard project fees and are non-refundable once work begins.

• Rush fees shall be 25%–50% of the total project fee, depending on urgency and complexity.

• Timelines start only upon receipt of full content and payment.

• Clients must provide timely approvals, content, and materials; delays may affect delivery.

7. Delivery and Timelines

• Estimated timelines will be provided at the start of the project. Delivery dates may be adjusted where necessary, including but not limited to situations where the project scope changes, client feedback is delayed, or required materials/content are not supplied on time.

• The Studio shall not be liable for delays resulting from incomplete, inaccurate, or late information supplied by the Client.

• Copy Supply: All copy, manuscripts, and text assets must be supplied by the Client in a clean, finalised, and editable digital format (e.g., Microsoft Word or Google Docs). The Studio reserves the right to charge an additional formatting fee or extend timelines if supplied text requires extensive restructuring, editing, or cleanup before design or typesetting can commence.

• A project may be considered inactive if the Client fails to provide required materials, approvals, or feedback for a period of thirty (30) days or more. In such circumstances, the Studio reserves the right to close or reschedule the project. Resumption of work may require a revised timeline, updated quotation, or new booking, depending on availability.

8. Open / Working Files
Unless agreed in writing, working, layered, or editable files are not supplied as standard. Where requested:

• Provision is at the Studio’s discretion.

• May incur an additional fee.

• Must be agreed in writing.

• Supplying open files does not transfer ownership of underlying concepts, unused designs, or intellectual property unless explicitly stated.

9. Canva Transfers, Template Deliverables, and Platform Terms
Where the project scope includes the delivery of editable templates via Canva (or similar third-party browser-based design platforms), the following terms apply:

• Platform Compliance: The Client acknowledges that their use of deliverables built within or transferred via Canva is governed by Canva’s own Terms of Use and Content License Agreement. The Client is solely responsible for maintaining an active, compliant Canva account (whether Free or Pro) necessary to access and use the templates.

• Trademark Restrictions: In strict accordance with Canva’s licensing terms, the Client acknowledges that any design or logo template containing Canva stock elements, graphics, or imagery cannot be registered as a trademark or copyright asset. The Studio accepts zero liability if the Client attempts to trademark a deliverable containing Canva assets and faces legal refusal or third-party infringement claims.

• Account-Tier Discrepancies: The Studio will make reasonable efforts to design templates aligned with the Client's specified account tier (Free vs. Pro). If the Studio utilises "Pro" elements to achieve the requested aesthetic, the Client is solely responsible for upgrading their account or paying Canva’s individual asset licensing fees to export the files without watermarks.

• Design Integrity & Brand Protection: Templates are engineered with professional typographic hierarchy, margins, and colour balance. The Studio holds no responsibility or liability for the aesthetic quality, formatting errors, alignment glitches, or rendering issues that occur after the template link is transferred and subsequently modified by the Client or any non-designer.

• Limitation of Showcase: While the Studio takes pride in empowering clients to manage their own content, we reserve the right to request the removal of our name or credit ("Designed by The You Co.") from any public-facing asset or website if the design has been modified by the Client to an extent that deviates substantially from the original professional execution.

10. File Storage & Responsibility

• Final approved deliverables (e.g., exported print-ready PDFs, final web assets, finalised copy documents) are retained by the Studio for a period of 24 months after project completion. After this period, file availability is not guaranteed.

• The Studio is under no obligation to store, archive, or maintain internal working files, layered drafts, or raw project assets beyond the duration of the active project.

• Clients are solely responsible for downloading, verifying, and securely storing all final deliverables immediately upon delivery.

• The Studio is not liable for any loss, corruption, or deletion of files after delivery or beyond the 24-month retention period.

• Retrieval of archived final deliverables from the Studio's backups during the retention period may incur an administrative fee.

11. Intellectual Property & Copyright

• All work remains the Studio’s intellectual property until full payment is received.

• Upon payment, the Client is granted a licence to use deliverables for the agreed purpose.

• Source or working files are not included unless agreed in writing and may incur an additional fee.

• Font and Asset Licensing: The Client is solely responsible for acquiring all necessary corporate, desktop, or digital usage licences for third-party assets, fonts, software, or stock imagery required to utilise or view the final deliverables. The Studio will notify the Client of any premium fonts used that require independent licensing.

• Unless agreed otherwise in writing, we may use completed work for portfolio, marketing, or promotional purposes.

12. Artificial Intelligence and Machine Learning Platforms

• The Client agrees that they shall not upload, input, submit, distribute, or otherwise share any materials created, developed, or provided by the Studio—including but not limited to draft concepts, preliminary works, working files, strategy documents, visual mock-ups, text drafts, or final deliverables—to any artificial intelligence (AI) platform, generative system, machine learning model, or similar technology for any purpose whatsoever without the Studio’s prior written consent.

• This restriction applies whether the materials are conceptual, in-progress, or final, and specifically includes use for analysis, replication, modification, inspiration, scraping, indexing, model training, referencing, or derivative generation.

• The Client acknowledges that submission of such materials to AI platforms may compromise the Studio's intellectual property rights, result in unintended third-party data usage or retention, lead to inaccurate outputs that do not reflect the project scope, or cause commercial harm to the Studio.

• Any breach of this clause shall constitute a material breach of contract. In the event of such a breach:

  • The Studio reserves the right to immediately terminate the project and revoke any usage licences without further obligation.

  • The initial deposit shall remain strictly non-refundable.

  • Any fees corresponding to all work completed up to the date of termination shall become immediately due and payable.

  • The Studio reserves the right to invoice for any outstanding work undertaken prior to termination and to pursue recovery of any associated damages.

13. Liability & Disclaimers

• To the fullest extent permitted by law, the Studio shall not be liable for indirect or consequential losses, including lost profits, revenue, or business interruption.

• The Studio’s total liability for any claim shall not exceed the fees paid for the specific project.

• Proofreading & Errors: Final proofreading, fact-checking, and layout sign-off of all editorial, promotional, and design work are the sole responsibility of the Client. The Studio accepts no liability for errors, typos, design omissions, or formatting glitches identified after final client approval has been given, nor for any subsequent printing, production, distribution, or re-running costs incurred.

• Clients are responsible for ensuring they have appropriate rights, permissions, and licences for all content supplied. Clients indemnify the Studio against any claims arising from their supplied materials.

14. Client Complaints & Notice Period

• Duty to Notify: If the Client is dissatisfied with any aspect of the services or deliverables provided, they must notify the Studio in writing within fourteen (14) calendar days of the delivery of the relevant work, clearly outlining the nature of the complaint.

• Opportunity to Remedy: The Client agrees to afford the Studio a reasonable opportunity (not less than fourteen business days) to remedy any validly notified issues or errors before taking further action or withholding payment.

• Deemed Acceptance: Failure to notify the Studio of any defect, error, or dissatisfaction within this 14-day window shall constitute irrevocable acceptance of the deliverables as fully satisfactory, and the Client waives any subsequent rights to raise a formal dispute regarding that work.

15. Cancellations & Project Drops

• Client-Initiated: Deposits are non-refundable. Fees will be charged for work completed to date. One-off or hourly work must be paid in full even if cancelled mid-project.

• Studio-Initiated: A refund will be issued for work not completed, full or partial depending on progress.

16. Termination

• Either party may terminate the agreement by providing 7 days’ written notice.

• Termination for material breach (e.g., non-payment or breach of AI restrictions) may be immediate.

• Termination does not affect the Client’s obligation to pay for work completed, deposits, or costs already incurred.

• Upon termination, all rights granted to the Client under these Terms cease immediately unless otherwise agreed in writing.

17. Third-Party Services

• The Studio may recommend or engage third-party providers (printers, stock libraries, hosts, contractors).

• The Studio is not responsible for the performance, quality, delivery, or cost of third-party services.

• Clients are responsible for reviewing proofs, approving outputs, and settling any third-party charges directly.

18. Data Protection

•  Personal data shall be processed in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

• Where required, registration with the Information Commissioner’s Office (ICO) shall be maintained.

• Further information is available in the Studio's Privacy Policy.

19. Confidentiality, White-Label Arrangements, and Portfolio Rights

• Mutual Confidentiality: Both parties agree to maintain strict confidentiality regarding any sensitive, proprietary, commercial, or financial information shared during the course of the engagement.

• White-Label Acknowledgement: The Studio explicitly recognises that a portion of our services may be commissioned on a "white-label" or subcontracted basis by agencies, consultancies, or intermediaries. We understand that in these arrangements, the end-client may be unaware of the Studio's involvement. The Studio agrees to fully respect this dynamic and will not contact the end-client directly or market our services to them during the project or for a period of twelve (12) months following its completion.

• Portfolio Exceptions for White-Label Work: Unless explicitly restricted by a signed, standalone Non-Disclosure Agreement (NDA) or requested in writing prior to project commencement, the Studio retains the right to showcase completed work in our private or public portfolio, case studies, or marketing materials. However, to preserve the white-label arrangement, the Studio agrees to:

  • Anonymise or alter the names, logos, and sensitive identifiers of the end-client if requested in writing.

  • Frame the case study focusing on our strategic or creative execution as a subcontractor, without explicitly undermining the primary agency’s brand positioning.

• Unused Concepts: For the avoidance of doubt, any design concepts, copy drafts, or strategic ideas presented during the pitch or proofing phase that were not selected for the final deliverable remain completely confidential and are the sole intellectual property of the Studio. They may not be utilised or replicated by the Client or their end-clients under any circumstances.

20. Professional Indemnity Insurance
The Studio maintains appropriate professional indemnity insurance; details are available upon request.

21. Force Majeure

• The Studio shall not be liable for failure or delay caused by events outside our reasonable control, including natural disasters, industrial disputes, government restrictions, or sudden illness/incapacity.

• Clients will be notified promptly, and timelines will be adjusted accordingly.

• If the event persists for more than sixty (60) days, either party may terminate the agreement; payment remains due for all work completed up to that point.

 22. Mutual Non-Disparagement

• Both the Studio and the Client agree that they will not, at any time following the engagement, make any false, defamatory, or maliciously critical statements, whether orally or in writing (including but not limited to public online reviews, social media platforms, or industry forums), that are intended to damage or have the effect of damaging the professional reputation, commercial standing, or goodwill of the other party.

• Nothing in this clause prevents either party from giving truthful evidence in court proceedings or providing honest, objective feedback directly to the other party through private, formal communication channels.

23. Governing Law & Jurisdiction

• These Terms, and any dispute or claim arising out of or in connection with them, are governed exclusively by and construed in accordance with the laws of England and Wales.

• Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter, regardless of the Client's international location or operating jurisdiction.