These Terms and Conditions (“Terms”) apply to all services provided by Barbara Potgieter T/A The You Co. (“the Agency”, “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 online at The You Co. Terms.

​

Last Updated: 2 February 2026

A PDF copy of these Terms is available upon request by emailing contact@theyouco.co.uk, and the most current version is always available online at https://www.theyouco.co.uk/terms-and-conditions.

Last Updated: 2 February 2026

1. Services

• The Agency provides professional creative, marketing, and communications services, including but not limited to:

  •  Graphic design and branding

  •  Photography and videography

  • Website design and development

  • Marketing strategy, digital marketing, and public relations

  • Copywriting, content creation, and editorial services

  • 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 outcomes, such as increased sales, web traffic, or engagement.

2. Fees and Payment

• All fees are quoted in GBP (£). The Agency is not VAT registered; no VAT is charged on invoices.

• Fixed-Price Projects

  • Projects with a clearly defined scope and deliverables.

  • Projects valued at £300 or less require full payment upfront.

  • Projects over £300 require a 50% deposit to commence work; remaining balance is due before final delivery.

  • The balance is payable upon approval and prior to the release of final deliverables.

  • Staged payment schedules may be agreed in writing for larger projects.

• Hourly or One-Off Work

  •  Applicable for small tasks, support, or consultancy.

  • Payment is required in full upfront, unless otherwise agreed in writing.

  • Scope, duration, and rates must be agreed prior to commencement.

• Day / Half-Day Bookings

  • Half-day: up to 4 hours

  • Full-day: up to 8 hours

  • Payment is required in full prior to commencement

  • Rates and availability are provided upon request

• Monthly / Retainer Work (Invitation Only)

  • Offered at the Agency’s discretion for long-term clients

  • Terms agreed in writing, invoiced monthly

  • May be revoked at any time

• Late Payment

  • The Agency reserves the right to pause or decline further work until outstanding invoices are cleared.
  • 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.

• International Payments & Bank Fees

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

  • Bank transfers should be made using the OUR option, not SHA, to ensure full payment is received.

  • Payments via platforms such as Wise, PayPal, or Stripe are accepted; any associated fees or conversion shortfalls are the Client’s responsibility.

• Chargebacks and Payment Reversals

  • In the event of a chargeback, payment reversal, or disputed transaction after services have been delivered, all rights granted to the Client under these Terms shall immediately cease.

  • The Agency reserves the right to pursue recovery of the outstanding balance and any associated costs.

3. Project Scope, Revisions, and Support

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

• Unless otherwise stated, two (2) rounds of revisions are included.

• 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.

4. 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 Agency’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.

5. 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.

6. 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

  • Required materials or content are not supplied on time

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

• 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 Agency 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.

 

7. Intellectual Property & Copyright

• All work remains the Agency’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.

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

8. Open / Working Files

• Unless agreed in writing, working, layered, or editable files are not supplied as standard.

• Where requested:

  • Provision is at the Agency’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. File Storage & Responsibility

• Final files are retained for 24 months after project completion.

• After this period, file availability is not guaranteed.

• Clients are responsible for downloading and securely storing all deliverables.

• The Agency is not liable for loss of files after delivery or beyond the retention period.

• Retrieval of archived files may incur an administrative fee.

10. Cancellations & Refunds

• Client-Initiated

  • Deposits are non-refundable.

  • Fees charged for work completed to date.

  • One-off or hourly work must be paid in full even if cancelled mid-project.

• Agency-Initiated

• Refund issued for work not completed, full or partial depending on progress.

11. Liability & Disclaimers

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

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

• Clients are responsible for ensuring they have appropriate rights, permissions, and licences for all content supplied.

• Clients indemnify the Agency against any claims arising from their supplied materials.

​

12. Artificial Intelligence & Machine Learning

• Unless expressly authorised in writing, no content produced by the Agency (including designs, images, text, graphics, or code) may be copied, scraped, indexed, or used to train AI or machine learning systems.

​

13. 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 Agency's Privacy Policy.

14. Confidentiality

• Both parties agree to maintain confidentiality regarding any sensitive or proprietary information shared during the engagement.

15. Third-Party Services

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

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

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

16. Force Majeure

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

• 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 work completed.

17. Termination

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

• Termination for material breach(e.g., non-payment) 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.

​

18. Professional Indemnity Insurance

• The Agency maintains appropriate professional indemnity insurance; details are available upon request.

19. Changes to Terms

• The Agency may update or amend these Terms at any time.

• The most current version is available on request or via the Agency’s website.

• Continued use of services constitutes acceptance of the latest Terms.

20. Governing Law

• These Terms are governed by the laws of England and Wales.

• Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.