TERMS.
WHO WE ARE
PINK MANGO is a brand of Outcome Reach Ltd, a company registered in England and Wales (Company No. 16367338), with its registered office at 66 Paul Street, London, England, EC2A 4NA.
These terms apply to every project we take on unless we agree different terms with you in writing.
For anything relating to these terms, contact hello@pinkmango.io.
1. SCOPE OF WORK
Before a project starts, we agree in writing what we are making, including the deliverables, formats, number of concepts or assets, revisions and expected timeline.
That written scope defines the work included in the project.
Anything outside the agreed scope, including additional deliverables, new concepts, extra revisions, new formats, additional versions or substantial changes in direction, is a new request. Where we can take it on, we will quote for it separately before doing the additional work.
2. PAYMENT
A 50% deposit of the agreed project fee is due before work begins. We do not reserve production time or start work until the deposit has been received.
The remaining 50% balance is due when the agreed work is complete and before final deliverables are released.
We are not required to release final files, source files, editable files, project files or other final assets until the balance has been paid in full.
Unless stated otherwise in the written scope, our fees do not include VAT, sales tax, withholding tax, customs charges or other taxes that may apply in your country. Any such taxes are the client's responsibility, except for taxes that we are legally required to pay on our own income.
3. DEPOSITS, CANCELLATION AND REFUNDS
The deposit reserves production time and covers the preparation and commencement of your project.
If you cancel before we have started work, your deposit will be returned in full.
Once work has started, the deposit is non-refundable.
If you cancel after work has started, you remain responsible for any agreed fees that have already become due, as well as any third-party costs or production expenses that we have reasonably committed to on your behalf.
If we have completed work beyond the value of the deposit at the time of cancellation, we may invoice for that completed work.
4. REVISIONS
Each project includes one round of revisions unless the written scope says otherwise.
A revision round means one consolidated list of reasonable changes submitted after you have reviewed the work.
Please provide all requested changes together. We will make those changes and deliver the final version.
New creative directions, additional concepts, substantial changes to the original brief, or further revision rounds are outside the agreed scope. Where possible, we will quote for them separately before proceeding.
5. CLIENT FEEDBACK AND DELAYS
You agree to provide the information, assets, access, approvals and feedback we reasonably need to complete the project.
Our timeline depends on receiving these things on time.
If you are late providing assets, feedback, approvals or other required information, the project deadline will move accordingly. We are not responsible for delays caused by the client.
If a project is paused for an extended period because we are waiting for the client, we may need to reschedule the remaining work around our existing production schedule.
6. DELIVERY AND ACCEPTANCE
Final deliverables are released digitally once the balance has cleared.
We will deliver the agreed files in the formats specified in the scope.
You should check the deliverables when received and notify us within seven days if a file is missing, corrupted or materially different from what was agreed in the scope. Where appropriate, we will correct or reissue it.
A deliverable is considered accepted once it has been approved by you, released following completion of the agreed revision round, or used publicly by you, whichever happens first.
7. THIRD-PARTY TOOLS AND SERVICES
We may use third-party software, platforms, cloud services, stock libraries, AI tools, rendering services, music libraries, hosting providers and other production services where appropriate to create your project.
Those services may have their own terms, licences, usage restrictions, availability limitations or technical requirements.
We will use reasonable care when selecting and using third-party services, but we cannot guarantee the continued availability, performance, pricing, output or future terms of a third-party service.
Where a third-party licence or subscription is required specifically for your project, that cost may be charged separately where agreed.
8. AI-GENERATED AND DIGITAL CONTENT
Where AI or other automated tools are used in production, the final creative work may contain elements generated, assisted or processed by third-party technology.
We will use reasonable care to produce work that meets the agreed brief, but AI and other automated systems can produce unexpected results, limitations or inconsistencies.
Unless specifically agreed otherwise, our responsibility is to deliver the agreed creative output, not to guarantee that every underlying element is exclusively human-created or capable of being protected by intellectual-property law in every country.
9. CLIENT-SUPPLIED MATERIALS
You are responsible for ensuring that you have the necessary rights and permissions to use any logos, trademarks, photographs, video, music, fonts, product images, copy, customer data or other materials you provide to us.
You give us permission to use those materials solely for the purpose of completing your project.
You are also responsible for ensuring that any claims, statements, product information or advertising content you provide to us are accurate and lawful.
We are not responsible for claims arising from materials or information supplied by you.
10. OWNERSHIP AND INTELLECTUAL PROPERTY
Once the final payment has been received, the rights in the finished deliverables created specifically for you transfer to you for the uses agreed in the scope, subject to any third-party rights or licences.
Until full payment has been received, all project work remains our property and may not be used, published, distributed or commercially exploited without our written permission.
The transfer does not include our underlying:
- creative processes
- production methods
- know-how
- templates
- workflows
- software
- internal tools
- reusable assets
- pre-existing intellectual property
- third-party materials
We retain ownership of these elements even where they were used to create your deliverables.
Where a deliverable contains third-party material, your rights to that material are subject to the relevant third-party licence.
Unless we agree otherwise in writing before the project starts, we may display the finished work in our portfolio, website, social media, case studies and other promotional channels.
If your project is confidential or cannot be publicly shown, please tell us before the project starts and we will agree the appropriate restriction with you in writing.
11. COMMERCIAL RESULTS
Our work is creative and production-based.
Unless expressly agreed otherwise in writing, we do not guarantee sales, leads, revenue, advertising performance, conversion rates, engagement, virality, return on investment or any other commercial result from the use of our work.
Results can depend on many factors outside our control, including media spend, targeting, distribution, pricing, market conditions, platform algorithms, product quality and the client's wider marketing activity.
12. CONFIDENTIALITY
Both sides agree to keep genuinely confidential information received from the other side confidential and to use it only for the purposes of the project.
This does not apply to information that is already public, becomes public without a breach of these terms, was already lawfully known, or must be disclosed by law.
Our portfolio rights in Section 10 do not override an agreed confidentiality restriction.
13. LIABILITY
We will carry out the work with reasonable care and skill.
To the maximum extent permitted by applicable law, we are not responsible for indirect or consequential losses, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill or similar business losses arising from the use of the deliverables.
Our total liability arising from a project will not exceed the total amount you paid us for that project.
Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for fraud or for death or personal injury caused by negligence.
14. EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays or failures caused by circumstances reasonably outside our control.
This can include major platform outages, software failures, internet or infrastructure problems, power failures, cyber incidents, natural disasters, government action, strikes, war, or failures of third-party services we reasonably rely on.
Where this happens, we will make reasonable efforts to continue or reschedule the project when practical.
15. INTERNATIONAL CLIENTS
We work with clients worldwide.
You are responsible for complying with the laws, regulations, advertising requirements, tax obligations and other requirements that apply to your business and your use of the deliverables in your country.
Nothing in these terms is intended to remove any mandatory legal rights that apply to you under the laws of your country and cannot legally be excluded.
16. GOVERNING LAW AND DISPUTES
These terms are governed by the laws of England and Wales.
Where a dispute arises, both sides will first make a reasonable attempt to resolve it directly and in good faith.
If the dispute cannot be resolved, the courts of England and Wales will have jurisdiction, subject to any mandatory rights you may have under applicable law.
17. GENERAL
These terms and the written project scope form the agreement between us for the relevant project.
If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
If we do not immediately enforce a right under these terms, that does not mean we have waived that right.
Any changes to these terms or the agreed project scope must be made in writing.
A brand of Outcome Reach Ltd. Company No. 16367338. 66 Paul Street, London, England, EC2A 4NA. hello@pinkmango.io