TERMS AND CONDITIONS

 

A good business transaction is when both parties fully understand each other.

 

You’ll find our Terms & Conditions to be fair and above board. They have been designed to protect your rights, as well as the rights of our staff and artwork.

 

By utilizing The Design Project NW (TDPNW) design services and/or submitting a project via the world wide web, e-mail, phone, fax or in person, to TDPNW you (”THE CLIENT”) agree to the Terms and Conditions of Use (”TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for artwork, logo design or graphics design (”THE PROJECT”).

 

GENERAL:

 

The placing of an order by a client and the acceptance of that order by TDPNW brings into being a contract on TDPNW terms and conditions as detailed in the following paragraphs.

 

In addition to these terms and conditions any special terms and conditions agreed between the client and TDPNW prior to the client signing the order form shall apply. Where there is inconsistency between terms agreed verbally and terms recorded on the order form (which has been signed by the client) the terms on the order form shall prevail.

 

All orders shall be in writing either, and shall be signed/initialled by the client, or in the case of a company, by a responsible person representing the client.

 

In exceptional circumstances and entirely at its own discretion TDPNW may accept an order given verbally by an existing or former client who has had notice of these terms and conditions; these terms and conditions shall apply equally to an order given and accepted.

 

In the case of TDPNW accepting an order verbally, the client shall confirm such an order in writing as soon as practicable. In the absence of written confirmation TDPNW will not accept liability for any error in executing the order.

 

TDPNW reserves the absolute right to refuse any order whatsoever and for whatever reason. Particularly in cases where TDPNW has reason to believe that acceptance and execution of the order will lead to a breach by TDPNW of the laws of obscenity, libel or copyright, or to the aiding and abetting of such a breach by any other part.

 

Quotations are based on our knowledge and understanding of the Clients requirements. If we become aware that the project to be delivered varies significantly from the prevailing understanding we will inform the Client at the earliest reasonable opportunity. Any such variations may affect the scope delivery schedule and or cost of the project. In the event that a proposal is made and accepted but the briefing did not specify fully the type or level of work required TDPNW reserve the right to notify the client accordingly and to charge for additional work done which was not indicated in the original briefing given.

 

The information contained within proposals/quotes is valid for 30 days. Proposal/Quotes approved and signed by the Client are binding upon TDPNW and the Client beginning on the date of the Clients signature.

 

 

FEES AND PAYMENTS

 

Fees:

The fee payable by the client for the execution of any order shall be in accordance with TDPNW fee ruling at the time of the acceptance of the order. TDPNW reserves the right to alter its rate card at any time and without notice.

 

TDPNW reserves the right to make additional charges when completion of an order is requested/required in less than normal delivery time for the type of work ordered.

 

Day Definition:

A day is defined as a continuous eight-hour period within 24 hours; travel and time are charged from base to base. Hours worked in excess of the agreed quotation/estimate will be charged at a negotiated rate, but not less than £40 per hour.

 

VAT:

The rate card published from time to time by TDPNW is exclusive of Value Added Tax. Value Added Tax will be added to all charges at the current rate.

 

TDPNW reserve the right to pass the cost to the customer of VAT charged by suppliers.

 

Exchange Rate:

All estimate / quotation prices are in GB Pounds. Goods and services supplied to and from other countries will be calculated at the prevailing current rate of the Euro or other currency at the time of the event. TDPNW reserve the right to pass on to the client exchange rate fluctuations in excess of 1% of the rate shown at the date payment is made or received.

 

Payment:

Payment terms shall be 14 days, or in the event of a project taking longer than a month 50% is payable after 14 days of starting the project, unless a payment schedule has been agreed by TDPNW and the client in writing.

 

Payment Schedule:

All outstanding invoices shall be settled in full by the client no later than 14 days from invoice date or at a time agreeable and accepted in writing by both TDPNW and the client.

 

Any account with an outstanding balance which is overdue by more than 60 days will be referred to a debt collection service. This may affect the client’s credit rating and may lead to court action.

 

TDPNW reserve the right to charge the client interest on invoices, which have not been paid within 30 days of the due date, until payment in full at 3% above Bank of England base rate.

 

Design, Print & Production Liability:

TDPNW will take all reasonable care in the handling and processing of all materials belonging to the client.

 

The liability of TDPNW for loss or damage to the client’s materials, shall be limited to such loss or damage which, at the time the order was placed, could reasonably have been forseen as likely to arise directly as a result of the loss or damage to the materials.

 

 

Where original materials are deposited with TDPNW it shall be the client’s responsibility to inform TDPNW of the value of such material either before or when they are placed on deposit. If the client fails to inform TDPNW, the liability of TDPNW for the loss of or damage to any such material shall not exceed £50 per item.

 

Where original materials are submitted to TDPNW in the form of computer disks or any other electronic or digital erasable media it shall be the responsibility of the client to maintain their own master copy independently of the material submitted to TDPNW.

 

Accuracy of Size and Colour Matching:

Sizes quoted are nominal. It is the client’s responsibility to inform TDPNW at the time of ordering if any dimensions are critical.

 

The client must accept that close colour matching is subjective and that totally accurate colour matching to 100% fidelity is rarely possible. However, TDPNW will endeavour to achieve the closest possible colour match within the limitation of materials and processes used. Where accurate colour matching is essential, the client shall provide sample materials for use by TDPNW as colour matching guides. Pantone colours will be near matched where possible but ref. numbers must be given in writing.

 

Copyright:

It shall be the responsibility of the client to ensure that all materials presented for processing, printing, copying, duplication, restoration or any other process of reproduction are free from any third party claims for breach of copyright or license.

 

By placing an order with TDPNW the client certifies and warrants that

 

(i) no copyright exists in the material(s) or

(ii) the client is the owner of the copyright in the material(s) and that any reproduction by TDPNW will not infringe the rights of any existing licence or

(iii) the client has the valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction of the material(s) as required by the order.

 

The client acknowledges that the breach of copyright in the course of trade or business is both a civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988.

 

Original Work Created by TDPNW:

Where the terms of the order require TDPNW to create original works the copyright in such and image(s) shall be the property of TDPNW in accordance with the Copyright, Designs and Patents Act 1988. TDPNW shall grant to the client at no additional charge a licence to reproduce the images in non-photographic form in any quantity and in any part of the world for a period of three years from the date of the invoice. Any digital reproduction shall be carried out only by TDPNW. Any extension to the licence beyond the three year period shall be subject to negotiation and further agreement between the client and TDPNW.

 

All materials on which original works are created by TDPNW shall remain the property of TDPNW and TDPNW undertakes to file and store all such original materials safely and to make them available for future reproduction. Where TDPNW gives possession of original materials to the client such material shall nevertheless remain the property of TDPNW and shall be given to the client on free loan for the duration of the copyright license. Prints (whether from negatives, transparencies or digital files) will become and remain the property of the client. However the client acknowledges that ownership of any physical materials such as prints, transparencies or digital files/disks does not imply ownership of the copyright of the images on them or any right to reproduce or authorise the reproduction of any such images by any means.

 

Original artwork which may be commissioned by a client for specific events/purposes and is charged accordingly may become the property of the client subject to all outstanding payments having been received within the agreed payment period.

 

Artwork:

The client shall ensure that artwork sketches and specific instructions supplied by him/her or his/her agents shall be accurate, unambiguous and clearly legible.

 

Proofs & Additional Work:

Proofs may be submitted for client approval. TDPNW shall not be liable for any errors that have not been corrected by the client. Client alterations, other than alterations arising from mistakes on the part of TDPNW, may give rise to an extra charge. Equally additional work caused by omissions or ambiguity in the client’s copy or instructions may also incur an additional charge. In either such case any additional charge shall be made, such reasonable amount as reflects the additional work which TDPNW has had to undertake.

 

The completed materials produced by TDPNW shall correspond with the description referred to on the order form and with any approved sample, illustration, descriptive material or artwork save where such sample, illustration, descriptive material or artwork has been made available by TDPNW for illustrated purposes only.

 

Fee quoted for sketches and comps for the project do not include any PRELIMINARY DESIGNS, REVISIONS, layered digital files (Adobe Photoshop and Illustrator raw files) and mock ups.

 

Fee quoted for the final artwork of the project includes one set of FINAL ARTWORK in Print Ready PDF format. A CD of the originating document (Quark Express, Adobe Indesign and support files (flattened & outlined Adobe Photoshop and Illustrator files saved as .eps .tif .jpg) can be provided at an additional cost. Changes to final artwork of the project once signed off will be provided at an additional cost, POA, based on the extent and complexity of the changes.

 

The client will be required to proof all work produced by TDPNW and give approval for it to go to print. If there are any mistakes that are not design based, such as typos, TDPNW cannot take responsibility for them.

 

The client will be deemed to accept final artwork, printed material or goods for the project unless it notifies TDPNW within 7 days of receipt that it is unacceptable. Such notification must be in writing setting out clearly the reasons why the work is unacceptable. The client agrees not to use work it has deemed unacceptable but to return it immediately to TDPNW and to destroy all copies except those needed for the purpose of pointing out what is unsuitable. In the event of the client deeming the work provided by TDPNW as unacceptable, TDPNW if it agrees that the work is unacceptable, reserve the right to be given 28 days to redo the work.

 

Cancellation:

Notice of cancellation or curtailment must be given in writing and is effective from the time of reception during normal office hours 0900-1800 Monday to Friday, not including UK public holidays, by TDPNW.

 

Where the order is cancelled before completion, TDPNW reserves the right to charge for work carried out plus a percentage of the total amount.

 

Delivery:

Where and when applicable TDPNW will charge for postage, package and delivery. The carrier shall be deemed to be the agent of the client and TDPNW shall not be liable for any loss or damage occurring while the completed materials are in transit.

 

The client shall inspect the completed materials on delivery and shall within five working days of delivery notify TDPNW of any alleged defect, shortfall in quantity, damage or failure to comply with description or sample. If the client so notifies TDPNW it shall return the completed materials together with all associated paperwork and packaging to TDPNW within seven working days of said notification. If the client shall fail to notify TDPNW the completed materials shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the completed materials and the client shall be deemed to have accepted the completed materials.

 

These TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

If you do not accept these Terms and Conditions, you may not use TDPNW design services, studio or website(s).