Terms & Conditions of Commission of work
The following Terms and Conditions document is a legal agreement between Howell Edwards Ltd, hereafter “the Designer” (Howell Edwards Creative), and “the Client” for the purposes of graphic design, illustration, website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2. Acceptance of Work
Quotations are valid for 30 days from date of issue.
When the Client places an order to purchase illustration work, website design or graphic from the Designer, the order represents an offer to the Designer to create the website or website updates and/or create design. No contract for the supply of services exists between Client and Designer until the Designer sends an invoice to the Client for payment. The invoice equals acceptance by the Designer (or third party supplier) of the Client’s offer to purchase services from the Designer and this acceptance of work is a valid contract between Client and Designer regardless of whether the Client receives the invoice.
Written confirmation in an email, letter or a signature signed within the quotation agreement contract, are all evidence of entering a contract.
Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records.
Additional work requested by the Client that is not specified in the agreed quotation or changes/updates are required after a phase of the project has been signed off by the client, is subject to an additional quotation/invoice by the Designer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
The Client agrees to provide any needed information and content required by the Designer in good time to enable the Designer to complete the design, illustration or website work as part of an agreed project.
3. Permission and Copyright
Copyright of the completed designs, illustrations, images, pages, code and source files created by the Designer for the project shall be with the Client upon final payment. Without payment, ownership of designs, illustrations and all code is with the Designer.
The Client hereby agrees that all media and content made available to the Designer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Designer from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Designer reserves the right to include any work done for the Client in a portfolio of work.
The Designer reserves the right to refuse to handle:
– Any media that is unlawful or inappropriate.
– Any media that contains a virus or hostile program.
– Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
– Any media that constitutes a criminal offence, or infringes privacy or copyright.
5. Payment Terms
Prices are subject to change without notice. All quoted prices are exempt of VAT.
All invoices must be paid in full within 7 days of the invoice date (includes weekends), except where agreed at the Designer’s own discretion.
50% Non Refundable Deposit is required to be paid for project to be accepted and booked in by Designer. 50% remaining balance is due prior to delivery of files.
The Designer reserves the right to decline further work on a project if there are invoices outstanding with the Client after 7 days of supply.
The Designer reserves the right to remove its work for the Client from the Internet if payments are not received within the 7 days after project is complete.
If final payment is not received within the 7 days after completion of the project, the designer has the right to add an additional 8% daily charge for every day beyond the 7 day window on to the outstanding balance.
If this Agreement is terminated earlier by Client without cause, Client agrees to pay Contractor any and all sums which are due and payable for: (i) services provided as of the date of termination; and (ii) expenses already incurred, including those from documented non-cancelable commitments. Contractor agrees to use the best efforts to minimise such costs and expenses.
6. Liability and Warranty Disclaimer
The Designer endeavours to provide the work within given delivery time scales to the best of its ability. However, the Client agrees that the Designer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees that the Designer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The Designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Designer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Designer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
The Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Designer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
The Designer reserves the right to alter these Terms and Conditions at any time without prior notice.