|TERMS AND CONDITIONS|
The small print…
Sarah Waterhouse: Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print, websites and services provided by Sarah Waterhouse.
All design work is carried out by Sarah Waterhouse on the understanding that the client has agreed to abide by Sarah Waterhouse’s terms and conditions.
Copyright of all graphic design work is retained by Sarah Waterhouse including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Sarah Waterhouse as fulfilling the contract. All other artwork designs remain the property of Creative Wisdom Ltd, unless agreed in writing.
At the time of proposal, Sarah Waterhouse will provide the customer with a written estimate or quotation by post or email as requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Sarah Waterhouse by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Sarah Waterhouses terms and conditions. No work on a project will commence until either document has been received by Sarah Waterhouse.
Fees for design services to be provided by Sarah Waterhouse, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until Sarah Waterhouse has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provide artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Sarah Waterhouse shall be considered entitled to remove Sarah Waterhouse’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Sarah Waterhouse reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Sarah Waterhouse for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Sarah Waterhouse on behalf of the customer, will remain the property of Sarah Waterhouse. By supplying images, text, or any other data to Sarah Waterhouse, the customer grants Sarah Waterhouse permission to use this material freely in the pursuit of the design and to utilise the designs in Sarah Waterhouse’s portfolio unless agreed otherwise.
Should Sarah Waterhouse, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Sarah Waterhouse to remove and/or replace the file.
The customer agrees to fully indemnify and hold Sarah Waterhouse free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Sarah Waterhouse holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Sarah Waterhouse, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Sarah Waterhouse.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Sarah Waterhouse will not be held responsible for any and all damages resulting from such claims. Sarah Waterhouse is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Sarah Waterhouse responsible for any such loss or damage. Any claim against Sarah Waterhouse shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Sarah Waterhouse’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Sarah Waterhouse in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Sarah Waterhouse via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Sarah Waterhouse will not be held responsible for any image quality which the client later deems to be unacceptable. Sarah Waterhouse cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Sarah Waterhouse of a design project’s duration is to be considered by the customer to be an estimation. Sarah Waterhouse cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Sarah Waterhouse considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Sarah Waterhouse will provide the customer with the opportunity to review the resulting work. Sarah Waterhouse will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Sarah Waterhouse by email or post.
Sarah Waterhouse will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Sarah Waterhouse offers a limited hosting service through an out-sourced server. Sarah Waterhouse does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Sarah Waterhouse may request that clients change the type of hosting account used if that account is deemed by Sarah Waterhouse to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Sarah Waterhouse’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Sarah Waterhouse is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
8. Web Browsers
Sarah Waterhouse makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Sarah Waterhouse cannot guarantee correct functionality with all browser software across different operating systems.
Sarah Waterhouse cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Sarah Waterhouse reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Sarah Waterhouse no less than 3 months prior to the renewal date for your Services.
The customer agrees to allow Sarah Waterhouse to place a small credit on printed material, exhibition displays, advertisements and/or a link to Sarah Waterhouse’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Sarah Waterhouse to place all designs on Sarah Waterhouse’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Sarah Waterhouse will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Sarah Waterhouse also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Sarah Waterhouse does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Sarah Waterhouse to remove the contravention without hindrance, or penalty. Sarah Waterhouse is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Sarah Waterhouse will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Sarah Waterhouse within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Sarah Waterhouse makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Sarah Waterhouse will not be held responsible for any and all damages resulting from products and/or services it supplies. Sarah Waterhouse is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Sarah Waterhouse responsible for any such loss or damage. Any claim against Sarah Waterhouse shall be limited to the relevant fee(s) paid by the customer.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Sarah Waterhouse reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Sarah Waterhouse and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Sarah Waterhouse.