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Terms and conditions
1. Introduction
1.1 All work is carried out by Designworks on the understanding that the
client has agreed to our terms and conditions.
1.2 These terms and conditions (“the terms”) govern every contract made
between Designworks for the supply of goods and services to any person,
firm or company (“the client”).
1.3 The terms prevail over any written terms and conditions of the client.
1.4 Any variation to the terms must be agreed in writing by the director
of Designworks .
1.5 All contracts between Designworks and the client will be governed by
English law and the parties agree to submit to the exclusive jurisdiction
of the English courts.
2. Price and payment
2.1The client will pay Designworks the agreed fee as quoted.
2.3 Designworks will invoice the client at 30 days if feedback is not
received to progress the client's project.
2.4 Invoices from Designworks to client for supply of goods or services
should be paid in full within 30 days of invoice.
2.5 The client will pay Designworks any expenses incurred by in connection
with the recovery of monies outstanding (including legal costs on an
indemnity basis).
3. Ordering
3.1 Orders for work must be given in writing to Designworks by the client
- either by email or mail.
3.2 Not withstanding clause 3.1, if Designworks accepts a verbal order
from the client, Designworks will not be held responsible for any mistakes
(made by either party) arising from that verbal order.
3.3 Designworks reserves the right to refuse to accept any order.
3.4 Any work we undertake for new clients is subject to written
instruction to proceed, together with 50% payment of the quoted cost.
4. Quotations
4.1 All quotations given by Designworks will be valid for 30 days from the
date of quotation.
4.2 All quotations will be supplied in writing. The client has to
acknowledge that the quotation is acceptable in writing: fax, mail or
email . No work will commence until this confirmation has been received by
Designworks.
4.3 Acceptance of a quote is deemed as a contractual agreement between the
client and Designworks.
4.4 If at any point during the design process a client wishes to terminate
the agreement, we shall invoice the client an amount in proportion to the
work completed. This will include administration and travel time. No
property in the work done shall pass to the client.
4.5 If the client's final order changes from the original specification
made for the quotation, Designworks reserves the right to vary the
quotation.
5. Proofing
5.1 Designworks will supply the client with either a hard copy or PDF
proof.
5.2 Whilst we endeavour to provide a thorough, error-free service, it is
the sole responsibility of the client to check all content of said proof -
including spelling, grammar, punctuation and use of images - unless
otherwise stipulated by Designworks.
5.3 Designworks will provide the client with up to three proofs, unless
otherwise agreed at commencement of the project. As a guideline these
proofs should progress through the following stages:
Proof 1: amendments to general design/layout (including image usage)
Proof 2: corrections to text (including grammar and spelling)
Proof 3: (final proof) check all content thoroughly and sign off in
writing or via email. Designworks cannot accept liability for errors
within the copy beyond this stage.
6. Turnaround times
6.1 Turnaround times are normal target times only and Designworks accepts
no liability for failure to meet these times, but will
use its best endeavours to do so.
7. Image quality
7.1 Designworks will inform the client if images supplied are - in their
professional opinion - not of suitable quality for print.
However, if the client once apprised of this, chooses to retain use of the
image in question, Designworks will not be held
responsible for quality of reproduction.
8. Print material and finish
8.1 Unless stated by the client, Designworks will decide, at its sole
discretion, weight of material and which print finish to use.
9. Web-design and publishing
9.1 Unless otherwise stipulated, Designworks will not accept
responsibility for ensuring that a client's website is catalogued or
ranked highly by any search engine.
9.2 Designworks cannot guarantee the appearance of any website it designs
will not alter within the confines of non-specified
browsers or monitor
dimensions.
9.3 Designworks will supply the client with all login information
pertaining to the client's site.
9.4 After work on the client's web-site has been ceased, Designworks will
not be held responsible for the maintenance,
monitoring or upkeep of said
site unless otherwise agreed in writing.
9.5 If payment for design services is not received within the agreed time
period, Designworks reserves the right to remove any
unpaid-for content from the
client's website.
9.6 Unless otherwise stipulated in writing, it is the client's sole
responsibility to ensure payment (monthly or annual) for the
domain name and web-space
associated with their site.
9.7 Although Designworks may sometimes offer the set-up of POP3 mailboxes
as part of its website publishing service, it
cannot be held responsible for
any problems that occur as a result of the client's own email software or
set up.
10. Colour balancing
10.1 Designworks will, if requested by the client, scan images to a colour
balance provided by the client by way of reference prints or polaroids.
10.2 If no such request or reference material is provided by the client
Designworks will scan and/or print images using its own
‘judgement’ for colour
balancing.
11. Uncollected work
11.1 If any items of work including prints and original files belonging to
a client are not collected after 12 months of the requested work being
done, Designworks reserve the right to dispose of such material.
12. Copyright and moral rights
12.1 All creative material produced by Designworks - including logo
visuals, design proofs, website design and design concepts - remains the
legal copyright of Designworks until such time as the client’s payment is
received and the contract completed, or
until written confirmation has
been given.
12.2 Designworks claims no copyright in material submitted to us for the
purposes of fulfilling the client's instruction.
12.3 The client warrants that the client owns or controls all rights, has
obtained all copyright, or has permissions, consents and
waivers that as are now and
hereafter required for all copying, processing, scanning, printing and
manipulation to be undertaken
by Designworks.
12.4 The client also warrants that no copyright or moral rights will be
infringed by Designworks carrying out the requested work.
12.5 The client agrees to indemnify Designworks against all losses,
damages, claims or expenses which Designworks may incur by virtue of any
breach of the above warranties.
13. Liability
13.1 The client must contact Designworks concerning details of an invoice
within 7 days of the date of the invoice.
13.2 Designworks liability to the client or any other party for the loss
including theft, or destruction or damage to any materials
provided by the client which
are deposited with Designworks for whatever reason;-
13.2.1 Will be limited
to the replacement cost of the actual material and;
13.2.2 Designworks will not be liable for the cost of reshooting or
reprinting the material contained on the material and;
13.2.3 Designworks will not be liable for any loss or damage to the client
or any other party including loss of income and;
13.2.4 It is the client's responsibility to insure against such loss and
damage.
13.3 Designworks will not be liable for failing to complete any contract
between Designworks and the client due to
circumstances beyond
Designworks’s control including loss of power supply, machine breakdown,
loss of materials, fire, storm, flood, act of god, war, civil disturbance
or terrorism.
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