Terms of Business — Design Services

Last updated: 2nd September 2026

These Terms of Business apply to design and creative services supplied under the trading name James Waters: Multidisciplinary Designer by Envision 3D Limited.

Envision 3D Ltd is registered in England and Wales.

Company number: 16869852
Registered office: Unit A, 82 James Carter Road, Mildenhall, Bury Saint Edmunds IP28 7DE
Email: james@jamespwaters.com

1. Business clients

These terms are intended for services supplied to clients acting in the course of a business, profession or organisation.

They are not intended to govern consumer transactions.

If you are commissioning services wholly or mainly for purposes outside your trade, business or profession, please contact us so that appropriate consumer terms can be provided.

2. The agreement

A project may be described in a quotation, proposal, statement of work, contract, email or other written project specification.

The agreement between Envision 3D Ltd and the client consists of:

1. any specifically agreed contract, proposal, quotation or statement of work; and
2. these Terms of Business.

Where there is a conflict, specifically agreed written project terms will take precedence over these general Terms of Business.

Work will normally begin once the scope, fees and any required commencement arrangements have been agreed in writing.

3. Scope of services

We will provide the services described in the agreed project scope.

Anything not reasonably included within that scope may be treated as additional work.

If the client requests a material change to the scope, deliverables or requirements, we may provide a revised quotation, timetable or statement of work before proceeding.

4. Client responsibilities

The client is responsible for providing information, instructions, materials, access, approvals and feedback reasonably required to complete the work.

The client must ensure that materials it supplies can lawfully be used for the project and do not knowingly infringe another person’s intellectual-property, privacy or other rights.

Delays in providing required information or approvals may affect the delivery timetable.

5. Fees and quotations

Fees will be stated in the relevant quotation, proposal, contract or statement of work.

Unless expressly stated otherwise:

• quoted amounts exclude VAT where VAT is legally chargeable;
• third-party costs and substantial expenses are not included unless specified;
• additional work outside the agreed scope may be charged separately.

Any estimate is an estimate rather than a fixed price unless it is expressly described as fixed.

6. Invoicing and payment

Invoices will be issued in accordance with the agreed project terms.

Unless another payment period has been agreed in writing, invoices are payable within [14 / 30] days of the invoice date.

Payments must be made to the account specified on the invoice.

The legal supplier and invoicing entity is Envision 3D Ltd, including where services are presented under the James Waters: Multidisciplinary Designer trading name.

If payment becomes overdue, Envision 3D Ltd reserves its statutory rights in relation to interest, compensation and reasonable debt-recovery costs applicable to late commercial payments.

7. Deposits and advance payments

Where a deposit, retainer or advance payment is required, work is not required to commence until the payment has cleared.

The applicable quotation or proposal will state whether an advance payment is refundable and how it will be treated if the project is cancelled.

8. Timetables

Any delivery dates will be agreed in good faith based on the information available at the time.

Unless expressly agreed as a strict contractual deadline, dates are estimates and may need to change where:

• the scope changes;
• client information or feedback is delayed;
• third-party services are delayed;
• circumstances outside our reasonable control affect delivery.

We will communicate material changes to the expected timetable where reasonably practicable.

9. Revisions and approvals

The number or extent of revisions included within a project may be specified in the proposal or quotation.

Additional revisions or substantial changes following approval may be charged as additional work.

The client is responsible for reviewing deliverables and notifying us of errors or required changes before final approval or production wherever reasonably possible.

10. Intellectual property

Intellectual-property arrangements stated in a project-specific contract, proposal or statement of work will take precedence.

Unless expressly agreed otherwise in writing:

• Envision 3D Ltd retains ownership of its pre-existing materials, processes, templates, tools, methods and know-how;
• ownership of unused concepts, drafts and working files remains with Envision 3D Ltd;
• once all relevant invoices have been paid in full, the client is granted a perpetual licence to use the agreed final deliverables for the purposes reasonably contemplated by the project;
• editable source or working files are not included unless expressly stated.

Where ownership of copyright is to be assigned rather than licensed, this must be expressly agreed in writing.

11. Third-party materials

Projects may use materials subject to third-party licences, including fonts, software, stock imagery, plugins or other licensed resources.

The client’s use of those materials remains subject to the relevant third-party licence.

Where the client needs to obtain its own licence, this will be identified where reasonably practicable.

12. Portfolio use

Unless confidentiality, an NDA or other written agreement prevents it, Envision 3D Ltd may display completed and publicly released work for the purpose of demonstrating its design experience, including through the James Waters: Multidisciplinary Designer portfolio, professional profiles and promotional materials.

Confidential information will not knowingly be disclosed through portfolio use.

If portfolio use needs to be restricted, this should be agreed in writing.

13. Confidentiality

Each party will take reasonable steps to protect confidential information received from the other in connection with a project.

Confidential information may be disclosed where required by law or to professional or technical service providers who reasonably need access to provide supporting services.

Any separate non-disclosure agreement will take precedence where applicable.

14. Data protection

Personal information will be processed in accordance with applicable UK data-protection law and the James Waters: Multidisciplinary Designer Privacy & Cookie Notice.

Each party remains responsible for its own legal obligations relating to personal information.

Where a project requires processing personal information on behalf of a client in circumstances requiring additional contractual data-protection terms, these will be agreed separately.

15. Suspension

We may suspend work where:

• an invoice is materially overdue;
• the client has not provided information reasonably necessary to continue;
• continuing the work would be unlawful;
• the client materially breaches the agreement.

Where reasonably practicable, we will notify the client before suspending work.

16. Cancellation and termination

Either party may terminate a project in accordance with any notice or termination provisions stated in the project-specific agreement.

If no separate terms have been agreed and a client cancels a project after work has begun, the client will remain responsible for:

• work completed up to the cancellation date;
• committed third-party costs;
• other amounts reasonably due under the agreed project.

Any completed deliverables will only be licensed or transferred to the extent provided by the agreement and once applicable fees have been paid.

17. Standard of service

Services will be provided with reasonable skill and care.

Creative and design work necessarily involves professional judgement and subjective assessment.

Unless expressly agreed otherwise, we do not guarantee that any design will produce a particular commercial, marketing, financial, search-engine, conversion or audience-performance outcome.

18. Liability

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

Subject to that:

• neither party will be liable to the other for indirect or consequential loss;
• Envision 3D Ltd will not be liable for loss of profits, revenue, anticipated savings or business opportunities arising indirectly from a project;
• Envision 3D Ltd’s total liability arising from a project will, to the fullest extent permitted by law, be limited to the total fees paid or payable to Envision 3D Ltd for the project giving rise to the claim.

The client is responsible for retaining appropriate backups of materials supplied to or received from us.

19. Events outside reasonable control

Neither party will be liable for delay or failure caused by events outside its reasonable control.

The affected party should notify the other where reasonably practicable and take reasonable steps to minimise the effect of the event.

20. No partnership or agency

Nothing in these terms creates a partnership, joint venture or agency relationship between Envision 3D Ltd and the client.

Neither party has authority to bind the other except where expressly agreed.

21. Entire agreement

The written agreement between the parties supersedes previous discussions or representations relating to the same services, except where a statement was made fraudulently.

Changes to an agreed project should be confirmed in writing.

22. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

23. Governing law

These terms and any dispute arising from them are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction, unless the parties expressly agree otherwise in writing.

24. Contact

James Waters: Multidisciplinary Designer
A trading name of Envision 3D Limited

Email: james@jamespwaters.com
Registered office: Unit A, 82 James Carter Road, Mildenhall, Bury Saint Edmunds IP28 7DE
Company number: 16869852