TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Designidge Limited.
In these terms the following defined terms shall have the following meaning:
Client means the person/entity named in the quote to whom Designidge has agreed to provide the Services.
Designidge means Designidge Limited
Services means the services set out in the quotation agreed to be provided by Designidge to the Client in accordance with these terms and conditions.
The placement of an order for design and/or any other services offered by Designidge shall constitute acceptance by the Client of the quotation provided by
Designidge and agreement to comply with these terms and conditions.
All orders must be made in writing or if made verbally, must be confirmed in writing.
No order submitted shall be deemed to be accepted by Designidge unless and until confirmed in writing by Designidge.
The Client shall be responsible for ensuring the accuracy of the specification of any brief.
All prices given are estimates of Designidge’s charges for the Services only and are valid for 30 days from the date of the quote.
All quotes are based on expected design time and include two sets of amendments where changes are requested by the Client. If additional changes are required by the Client or where the brief of the Services is changed by the Client, Designidge will quote separately for the additional work required.
The Client and Designidge shall endeavour to promptly agree the specification for the Services including, without limitation, the time for performance (which, unless otherwise agreed in writing, shall not be of the essence) but Designidge shall not be obliged to perform the Services unless and until the specification for them is agreed.
It is the responsibility of the Client that all required materials (including but not limited to images, diagrams, logos, videos, data, text ) supplied to Designidge by the Client who has the relevant copyrights, licenses and permissions for use in the commissioned project. Designidge will not accept responsibility/liability for any infringements caused by any wrongly supplied materials.
Any changes or additions to the Services or the specification for them must be agreed in writing by Designidge and the Client.
After obtaining the Client’s general approval of Designidge’s preliminary work Designidge will prepare and submit final proofs to the Client for their specific approval. The Client’s approval of the final proofs will be deemed authority for Designidge to proceed to completion and print. No amends can be made after the final proof has been approved.
It shall be the Client’s responsibility to check the final proof carefully and Designidge is not responsible for errors identified after acceptance of the final proof by the Client.
Once final proofs have been signed off, Designidge cannot be held responsible financially or otherwise for any errors relating to print or any end product.
Time of Performance/Delivery
Any dates quoted for the performance of Services are approximate only and Designidge shall not be liable for any delay in the performance of the Services howsoever caused.
Whilst every effort will be made to achieve an agreed delivery date, Designidge cannot accept liability or be held financially responsible for any deadlines missed for delivery of any work which is outside of Designidge’s control.
All prices quoted do not include the cost of delivery. In most cases delivery will be free, however for urgent delivery or couriers, additional costs will be charged.
Where the Services includes delivery of printed items, the Services does not include erection or installation of any delivered items.
Where the Services includes delivery of digital artwork this will be provided in pdf, jpeg, png or mp4 format. Original source or print-ready files will not be provided unless agreed and in which case additional charges will apply.
All creative work produced and devised during a project, creative, digital, software files and related correspondence remain the property, physically, intellectually and in copyright of Designidge.
Copyright for all purposes in all artwork, print and other work and materials created by Designidge in providing the Services to the Client vests in Designidge unless agreed in writing to the contrary by Designidge. Such materials may not be reproduced in part or in whole without the written consent of Designidge.
Any design, copywriting, drawing or idea created for the Client by Designidge is licensed for use by the Client in that form only and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Designidge.
Designidge reserves the right to use both initial creative concepts and final approved deisng work for the purposes of Designidge’s marketing activities (both online and in print) unless otherwise requested and agreed with the Client.
Designidge acknowledges that it may receive or have access to information which relates to the Client’s past, present, or future products, clients, suppliers, marketing strategies, projects and other information. Designidge agrees to protect the confidentiality of the Client’s proprietary information.
All charges and prices for services carried out by Designidge are subject to VAT (where applicable) at the prevalent rate.
The Client agrees to pay Designidge 50% of the total cost of the Services before any Services are commenced, and the remaining 50% is to be paid within 14 days of receipt of the final invoice.
For large projects or where completion of the Services will be longer than two months after acceptance of the quotation, Designidge shall invoice the Client for the Services monthly.
Designidge reserves the right to request payment in full in advance of commencement for all new clients.
The Client must pay all invoices in full not later than 14 days of the date of invoice. Designidge reserves the right to charge interest at 2% per month on all invoices that are not paid within this time.
Disbursements on behalf of the Client may result in a request for payment in advance from the Client.
Either the Client or Designidge may terminate the Services at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation the Client is responsible for payment of all expenses incurred and any work done towards the Services based on the percentage of the project completed that is determined by Designidge. If the Client cancels the Services after the Services have been completed the Client shall be responsible for full payment as per the quotation provided by Designdige plus all expenses incurred.
Designidge shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lockdown, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
Each party acknowledges that these terms and conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
These terms and conditions may be changed at any time without prior notice to the Client. Notification will be sent to the Client at the time of the terms and conditions changing.