Terms & Conditions

Last updated: July 15th 2025

Welcome to Nikki Smith Creative. By accessing this website and/or engaging in services provided by Nikki Smith Creative, you agree to the following terms and conditions, which are legally binding under UK and Scots law. If you do not agree with any part of these terms, please refrain from using the website or services.

1. Contact

Nikki Smith Creative is a trading name of Nikki Smith, a sole trader based in the United Kingdom, operating remotely and serving clients globally.
Email: hello@nikki-smith.com
Website: www.nikki-smith.com

2. Services Provided
Nikki Smith Creative offers brand design, website design, digital marketing consultancy, audits, and creative direction services. Additional services may be introduced or withdrawn at any time.

All services are tailored and may include:

Monthly retainer marketing support
Branding and design packages
Website audits and strategy
Email marketing and campaign design
Full scope and deliverables are agreed in writing prior to commencement of each project.

3. Client Responsibilities
Clients agree to:

Provide timely, accurate information and materials required for project delivery
Review and approve work promptly
Respect working hours and communication boundaries
Honour the agreed payment terms and timelines
Any delays in client input may affect project timelines and deliverables.

4. Payments & Invoicing
All services are invoiced in GBP (£)

Payment is due within 7 days of invoice date unless otherwise agreed
For retainer clients, fees are paid monthly in advance
Late payments may incur a late fee of 5% per 7 days overdue
Project work will not begin or be handed over until initial payment is received

5. Cancellation & Termination
Retainer services require a minimum 3-month commitment

After the initial term, either party may terminate the agreement with 14 days’ written notice
No refunds will be issued for work already completed
In case of project termination, all completed work to date will be invoiced and payable

6. Intellectual Property & Usage Rights
All original designs, materials, and strategy documents created by Nikki Smith Creative remain the intellectual property of Nikki Smith Creative until full payment is received

Upon final payment, ownership of agreed deliverables transfers to the client

Nikki Smith Creative reserves the right to showcase final work in portfolios or promotional materials unless otherwise agreed in writing

7. Confidentiality
Any confidential information shared between Nikki Smith Creative and the client will remain private and will not be disclosed to third parties, except where required by law.

8. Limitation of Liability
Nikki Smith Creative is not liable for:

Loss of profits, business interruption, or consequential losses
Errors due to incorrect or incomplete information supplied by the client
Outcomes related to third-party service providers (e.g., developers, hosting, print suppliers)
Services are provided in good faith, with professional diligence and reasonable care. No guarantees are made regarding specific business outcomes.

9. Website Use
By using this website, you agree not to:

Copy, reproduce, or distribute site content without permission
Use this site for unlawful or harmful activities
Upload viruses, spam, or malicious content

10. GDPR & Data Protection
Your privacy is important to us. Nikki Smith Creative complies with the UK General Data Protection Regulation (UK GDPR) and the EU GDPR for international clients.

For details on how your data is collected, stored, and used, please view our Privacy Policy.

11. Governing Law & Jurisdiction
These Terms are governed by and interpreted in accordance with the laws of Scotland and the United Kingdom. Any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.

12. Get in Touch

If you have any questions or concerns, contact: hello@nikki-smith.com