For owner read ‘designer’, for customer read ‘client’
1. Estimates are based on the designers current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
2. All quotes and estimates will be fully inclusive of ANY tax due.
3. All work carried out, whether experimentally or otherwise, at client’s request shall be charged at the quoted hourly rate. Web pages may be subject to preliminary work charged separately from the ‘per page’ rate, ie: Template design, rollover button links, logo conversion.
4. A charge may be made to cover any additional work involved where copy supplied is not clear and legible or supplied as paper original requiring keyboard input.
5. Proofs of all work may be submitted for client’s approval and the designer shall incur no liability for any errors not corrected by the proofs. Any changes necessitated thereby shall be charged extra. When style, type or layout is left to the designers judgment, changes there for made by the client shall be charged extra. It is the client’s prerogative to ensure all work carried out is approved for correct content inc. grammar, spelling, and technical content. Colour match proofs are available at all stages of pre-press/pre-’going-live’ (web) at the request of the client.
6. a) Delivery of work shall be accepted when tendered and there upon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
b) Unless otherwise specified the price quoted is for delivery of the work to the client’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
d) Should work be suspended at the request of or delayed through any default of the client for a period of 30 days the designer shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
If payment is not made within the specified terms of the invoice the designer will exercise his right to claim a daily(or part there of) charge to cover the overdraft usage fee and all other costs incurred at present set at £5 per day (as of March 2014), minimum £25 charge, until either payment is completed and/or invoiced for the said charge. The designer may also claim any costs incurred in recovering monies owing.
7. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or storage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
8. Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the designer and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the designer and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to the designer within 28 days of delivery. The designer shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the client proves that (1) was not possible to comply with the requirements and (2) advice (where required) was given and the claim made as soon as reasonably possible.
9. The designer shall not be liable for any loss to the client arising from delay in transit not caused by the designer. Internet designs are completed and published at the risk of the client and the proprietor cannot be held responsible for third party costs incurred by the content of such designs. It is the clients responsibility to ensure the contents is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. The proprietor reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws (see section 13)
10. Standing material a) Metal, film, glass, digital media and other materials owned by the designer and used by him/her in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his/her exclusive property. Such items when supplied by the client shall remain the client’s property.
b) type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
11. client’s property a) except in the case of a client who is not contracting in the course of a business nor holding himself out as doing so, client’s property and all property supplied to the designer by or on behalf of the client shall while it is in possession of the designer or in transit to or from the client be deemed to be at client’s risk unless otherwise agreed and the client should insure accordingly.
b) The designer shall be entitled to make a reasonable charge for the storage of any client’s property left with the designer before receipt of the order or after notification to the client of completion of the work. It is the clients responsibility to ensure that in the case of web names and hosting the renewal payments are made within the contract period. A charge may be payable for data transfer to the client or an appointed agent out side of the original cost of design, ie: for – archive retrieval, CD burn, and transfer of scripted elements to another company’s server
12. Materials supplied by the client a) The designer may reject any paper, plates, media storage, photographs or other materials supplied or specified by the client which appears to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the designer in ascertaining the unsuitability of the materials then that amount shall not be charged to the client.
b) Where materials are so supplied or specified, the designer will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
c) Quantities of materials supplied shall be adequate to cover normal spoilage.
13. Insolvency. If the client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the designer without prejudice to other remedies shall
a) have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him, and
b) in respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
14. Illegal matter a) the designer shall not be required to publish any matter which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
b) The designer shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material published for the client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim. (see section 8). It is the responsibility of the client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the client
15. Force majeure. The designer shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to the designer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
16. Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
16a. Copyright ©: all imagery and/or scripting used on the designers servers or servers contracted by the designer remains the intellectual property of the designer, therefore it is prohibited and unlawful to…
copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service), rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of the designer. If material is discovered in use without permission the designer will inform the police or the relevant local trading standards department.