Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Sean Diamond or Diamond Graphic & Web Design (both indicated in this document as DGWD ) to you the client (indicated in this document as CLIENT). All work is carried out by DGWD on the understanding that the CLIENT has agreed to DGWD’s terms and conditions stated in this document.
Quotation/Estimate
DGWD will provide the CLIENT with a Quotation/Estimate of charges document/email for design and associated services to be provided by DGWD and its contractor(s). Quoted/estimated prices are valid for 14 days from the date on the Quotation/Estimate, subject to change due to a contractor being used by DGWD altering their prices between the quotation being prepared and the order being placed, or a change in pricing by a 3rd party of their product. The CLIENT will be fully informed of any change by DGWD before the order is placed.
Quotation is based on a reasonable time schedule, and may be revised to take into consideration a CLIENT’s “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, outside suppliers or contractors may charge a 100% to 200% markup on overtime outside of normal working hours. Extra costs may be added to the Quotation total should the undertaken work deadline(s) change from that agreed, and therefore require overtime (overtime defined as outside the hours of 9am to 5pm monday to friday) from either DGWD or a contractor used by DGWD.
Quotation/Estimate Acceptance
The original or a copy of the Quotation/or Estimate is to be signed and dated by the CLIENT to indicate acceptance of the fees quoted and of these Terms and Conditions, and should be returned to DGWD. Alternatively, the CLIENT may confirm acceptance by email or send an official order in reply to the Quotation, all of which binds the CLIENT to accept these Terms and Conditions.
Charges for Other Services
Charges for any contracted services may differ from those Quoted/or Estimated, if the contractor changes pricing between quote and ordering of the service stated on the Quotation/or Estimate. The CLIENT will be notified of any such change by DGWD before service is contracted. These services include, but are not limited to: printing, photography, copy writing, hosting service, and any photo/font/illustration library purchase.
Payment
At the time of the CLIENT’S acceptance of the Quotation, a non-refundable deposit will become immediately due. Work on the project will not commence until DGWD has received these cleared funds.
The outstanding balance will be immediately payable at the time of the CLIENT’S signed/or emailed acceptance of the final design proof, and before delivery of printed/or electronic material defined on the Quotation/or Estimate. Printing, publication and/or release of work produced by DGWD on behalf of the CLIENT, may not take place until cleared payment of the balance owing has been received by DGWD.
When a prior agreement of a balance payment extension has been made between DGWD and the CLIENT, that balance owing must be paid within 14 days of completion/or delivery, of the material defined on the Quotation/or Estimate.
Payments may be made by cash, cheque, or bank transfer (transfer details given on request).
DGWD are not VAT registered and so do not charge VAT.
Default
An account shall be considered default following a returned cheque or any other reversal of a CLIENT payment. This includes any and all unpaid monies due for services, including, but not limited to, design, sub-contractors, printers, photographers, hosting service and purchases from online libraries.
Returned cheques will incur an additional fee of £50 per returned cheque. DGWD reserves the right to consider an account to be in default in the event of a returned cheque.
CLIENT’s whose accounts become default agree to pay DGWD reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions and/or to recover any amounts due.
Copyrights and Trademarks
Copyright is retained by DGWD on all graphic and web design work including, but not limited to, words, pictures, ideas, visuals and illustrations unless specifically released in writing and only after all monies owed and any fees for release have been settled. Fonts used in any released design work are not included in the release fee and will have to be purchased separately by the CLIENT. DGWD are unable to redistribute any fonts. Released designs are no longer the responsibility of DGWD and DGWD is immediately freed of any requirement to assist with any modification or editing of that design and of any future complication or legal dispute with all or part of it.
If a choice of designs is presented, only the CLIENT approved design is deemed to be given by DGWD as fulfilling the contract. All other designs remain the property of DGWD, unless agreed in writing that this arrangement has been changed.
By supplying images, text, or any other data to DGWD, the CLIENT grants DGWD permission to use this material freely in the pursuit of the design. All design work, where there is a risk that another party 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. DGWD will not be held responsible for any and all damages resulting from such claims.
The CLIENT agrees to fully indemnify and hold DGWD free from harm in any and all claims resulting from the CLIENT having not obtained all the required copyright, and/or any other necessary permissions.
Alterations
The CLIENT agrees that changes required over and above the Quoted/or Estimated work, or required to be carried out after the CLIENT has signed the Design Approval Form/or emailed approval, will be liable to a separate and additional charge. The CLIENT also agrees that DGWD accepts no responsibility for any amendment errors made by any other party, after the CLIENT has signed the Design Approval Form/or emailed approval.
Client Editing or Modification of Web Site, Domains Space and Plugins Used by the Web Site
Any edits or modifications of any kind made by the CLIENT or the CLIENTS’ representative (and not performed by DGWD) to their web site, domain space or any plugins used by the web site, resulting in any element(s) of the web site displaying or functioning incorrectly or not at all, is not the responsibility of DGWD. DGWD shall, if required, endeavour to assist in rectifying the problem for a set charge of £30 per hour.
Errors and Omissions
It is the CLIENT’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to images and artwork. DGWD is not liable for errors or omissions. The CLIENT’s signature is required on the Design Approval Form prior to release for printing or other implementation. Emailed acceptance from the CLIENT of design proofs provided, is also deemed acceptable and a confirmation to proceed with production and delivery.
Licensing
Any design, copy writing, drawing, idea or code created for the CLIENT by DGWD, or any of it’s contractors, 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 DGWD or any of it’s sub-contractors where relevant.
Data Formats
The CLIENT agrees to DGWD’s definition of acceptable means of supplying data. Text is to be supplied to DGWD in unformatted, electronic format as standard text (.txt), MS Word (.doc) on USB stick, DVD, CD, or via e-mail.
Supplied Images
Images supplied by the CLIENT should be of suitable quality for their intended use by DGWD. DGWD shall not be held responsible for any images supplied being subsequently considered of insufficient quality due to the suitable quality criteria having not been met. DGWD cannot be held responsible for the quality of any published, printed or distributed images when the CLIENT had previously been made aware by DGWD of a potential quality issue(s).
The CLIENT agrees to fully indemnify and hold DGWD free from harm in any and all claims resulting from the CLIENT having not obtained all the required copyright, and/or any other necessary permissions for any images.
Design Job Schedule
Any indication given by DGWD of a design project’s duration is to be considered by the CLIENT to be an estimation. DGWD cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to commence from the date that DGWD is in receipt of the deposit payment in a cleared state.
Design Approval
The CLIENT will be provided with a Design Approval Form prior to printing or other release of work done by DGWD on behalf of the CLIENT. If the design work is acceptable the CLIENT will be required to sign and return the form or to email confirmation of approval to DGWD. At this time the remainder of the balance due will become payable. For printing jobs, the balance is payable on delivery of that printed material. DGWD considers the design work approved upon receipt of the Design Approval Form signed by the CLIENT or when an email stating approval is received by DGWD.
Over Runs and Under Runs
The client will accept printers over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. DGWD will bill for the actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated by the CLIENT to DGWD before the Quotation is prepared.
Rights of Refusal
DGWD 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. DGWD also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that DGWD does include in all good faith, and then finds out that it contravenes a copyright or other standard or a terms and conditions, the CLIENT is obliged to allow DGWD to remove the contravention without hindrance, or penalty. DGWD is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, DGWD will need formal notification in writing to the postal address of DGWD. The CLIENT will then be invoiced for all work completed or too close to completion to be cancelled, above the non-refundable deposit already paid. The invoiced fee must be paid within 30 days. Any cancellation which is not formally confirmed in writing and received by DGWD within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
DGWD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. DGWD will not be held responsible for any and all damages resulting from products and/or services it supplies. DGWD is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. DGWD accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The CLIENT agrees not to hold DGWD responsible for any such loss or damage. Any claim against DGWD shall be limited to the design fee paid by the CLIENT to DGWD.
DGWD reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. DGWD will not knowingly perform any actions to contravene these and the CLIENT also agrees to be so bound.
Whilst every endeavour will be made to ensure that any website built by DGWD and any scripts, plugins or programs are free of errors, DGWD cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
Whilst DGWD only uses highly recommended hosting companies to host websites, no guarantees can be made as to the availability or against interruptions of the hosting service. DGWD cannot accept liability for losses caused by the unavailability, malfunction or interruption of a hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
General
DGWD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation/Estimate and Terms and Conditions
The placement of an order for design and/or any other services offered by DGWD and validated by the CLIENT’s signature on the Quotation/Estimate Form or the CLIENT’s acceptance via email, constitutes acceptance of the Quotation/Estimate and agreement to comply fully with all these Terms and Conditions and forms a Contract for Business between DGWD and the CLIENT.