Just so we’re all on the same page… A contractual term is “Any provision forming part of a contract”. Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
Special Design Terms
1 – Requests relating to design, layout and colour must be backed by reasoning and not made on impulse. My decisions are made using a design process to fit your brief. I will provide the best outcome for your project.
2a – Your design brief, both parties (me & you) must be clear on what needs to be achieved through the project.
2b – Although there will be room for the creative process to deviate from & develop initial concepts, your original end goal for the project must always stay on course. Changes to the original brief will incur extra charges of which you will be notified accordingly.
3 – Casual requests. What you may perceive as a simple request could actually take hours, I will inform you after your request of any additional charges and confirm that you are happy to move forward.
4 – I reserve the right to turn down a project at any time if I feel it does not match my personal ethos or benefit mankind in any way. No legal action may be taken in any circumstances relating to the dismissal of a project.
5 – Please follow these terms and we will have a great business relationship, open doors to new markets and find a worlds worth of commerce in your pocket… If you do not agree or foresee any problems within my terms then please ask or alternatively, please take your business elsewhere.
Pricing & Payment
For all new clients payment for the full or part amount may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, I must receive full payment no later than 14 days after the date of Invoice. I reserve the right to make a surcharge of 2% per month interest to accounts that are not paid by this time.
All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.
All work is billed either monthly or on completion of a project stage, or the relevant total charge before beginning a project as previously agreed.
Where there is a change of brief, I will inform the Client in advance of any extra costs likely to be incurred.
All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, I will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
All creative work produced and devised during a project(s), creative, digital, print files and related correspondence remain the property – physically, intellectually and in copyright, of Dean the Designer until full payment has been made on the Client’s account, and all project costs have been cleared.
If at any point during the design or development process a client wishes to cancel, they may do so but will be invoiced an amount that I judge to be proportional to the amount of work already completed. Prepaid deposits are non refundable. If a payment has been made in full, up front and you wish to cancel, a percentage of the payment will be reimbursed. Reimbursements will be calculated using the agreed timescale (if we are a week into a four week project and you cancel you will be refunded 75% of your up front payment).
Proofing & copyright
Once final proofs/materials have been signed off/ agreed upon by the client, I will not be held responsible financially or otherwise for any errors relating to print work or any other end product noticed after delivery.
It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to me by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. I will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
Whilst every effort will be made to achieve agreed delivery, I cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of my control.
As part of larger projects which involve 3rd parties commissioned directly by the client, I will not be held responsible in any way for services not carried out/managed directly or indirectly by myself.
Advice of any loss, quality or damaged print issues must be reported to myself within three clear working days of delivery and receipt (whether be printed or digital) and and any claim in respect thereof must be emailed to me within two working days thereafter. I shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
Whilst taking every care to protect all media and correspondence supplied, I cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
I cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore I will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by myself.
I reserve the right to use both initial creative concepts and final approved design work for the purpose of my marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.
Digital Service Terms
This agreement describes the standard level of service that all digital customers can expect from myself.
I provide a reactive hosting service for all websites and offer a 99% uptime. I not constantly check the websites I host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions. It is therefore the responsibility of the client to ensure their website is opporating as it should. ‘Always on’ and ‘managed hosting services’ support can be provided and can be quoted on on a case-by-case basis.
Response times- Support, unless noted otherwise in a supplementary service level agreement, technical support is provided by myself on a first-come, first-served “best effort” basis. I aim to at least acknowledge, if not fully answer, all emails to our advertised support address email@example.com within 4 working hours. I aim to answer calls during working hours, but under times of high demand, may defer to an answering service where I promise to return all messages as soon as possible.
WordPress- (IMPORTANT)- For those websites hosted by myself which have been built (or part-built) upon the WordPress platform, please be aware that WordPress irregularly makes updates which means that I may need to make updates to your site so that your website continues to work as planned. It is not known how many times per annum that WordPress makes updates, however, I estimate between 4 – 8 updates per year. The more functionality a WordPress site has the more time needed to make updates to that website. I work reactively for such updates- Should I be informed of a critical change (by WordPress) or should the client point out an error in functionality. Please note, I cannot be held responsible for any functionality failure caused directly by an update to WordPress or a plug-in of which we were not made aware. I will charge a minimum of £50 per annum for these updates. This cost will be invoiced at the same time as the web hosting fee which is yearly in advance. Please note, WordPress updates are not considered to be maintenance of a website.
Billing for Web Hosting- Website hosting runs annually, paid in advance. An invoice will be sent automatically at the time of renewal. Should a client not wish for me to renew the hosting service, I request a notice period of one month in advance of cessation along with details to where you would like the web files sent. If we do not hear such a request, it will be assumed that you do wish the web hosting to be renewed and are in agreement with the terms for the following year.
Should I be informed after this months notice period, I will not be held liable for any delays caused in the transfer of hosting of your website to another server (a £40 charge to move your web files to your chosen destination will occur).
If hosting payments due from the client have not been paid and cleared in full within 28 days from the date of the invoice. I reserve the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
Terms last modified 28/4/16