Terms & Conditions
Definitions: the ‘Company’ ‘we’, ‘us’ or ‘our’ is Debbie Kelsey Illustration l Design l Photography, the ‘Client’ means the party, or any person acting on their behalf with whom the Company contracts.
Terms and Conditions apply to orders placed with the Company. Receipt of the Client’s order, constitutes acceptance of the terms of this document as the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Payment Terms
- For all new Clients full or part payment may be requested in advance of work starting, as agreed between parties; we accept payment in Cash, by Cheque or BACS payment.
- Any subsequent work is invoiced either monthly or on completion of project stage, settlement terms are for payment to be made in full within 30 days of the issue date of the Invoice.
Quotations/Estimates
- All estimates are based on expected or agreed design time and include two revisions of minor amendments where alterations are called for by the Client and may need adjusting for any major changes.
- All preliminary work carried out, whether experimental or otherwise, at Client's request shall be charged.
- All estimated prices quoted, written or verbal, are for mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly - deliveries and couriers are additional.
Additional Costs
- A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
- Where there is a change of brief, the Client will be informed in advance by the Company of any extra costs likely to be incurred as a result of those changes.
Project Start
Either a Client ‘Purchase Order’ or ‘Confirmation Email’ must be received by the Company for the agreed amount before work can commence. Separate confirmation may be required for any extras such as postage, deliveries or courier.
Outsourcing
The Company reserves the right to commission freelance support or outsource any job, if it is felt to be in the best interests of the Client. Any outsourced job remains the property or responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
Cancellation
If at any point during the project a Client wishes to cancel, they may do so, but will be invoiced for an amount, the Company judges, to be proportional to the work completed.
Exclusivity
The Company cannot guarantee the Client exclusivity of any marketing concept, design or other intellectual property provided. Therefore the Company 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.
Project Approval
Artwork/Photography proofs are submitted to the Client for approval; once final artwork proofs have been approved, the Company cannot be held responsible financially or otherwise for any errors or omissions not corrected by the Client relating to print, programming or any end product.
Delivery and Payment
- Should work be suspended at the request of, or delayed through any default of the Client for a period of 30 days the Company shall then be entitled to payment for work already completed.
- 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, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible, which may incur additional costs.
- Whilst every effort is made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any deadlines being missed for delivery of any work, which is outside of the Company’s control.
Liability
As part of larger projects which involve third parties commissioned directly by the Client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
Reference Supplied
- 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 the Company by the Client will have the relevant copyrights, licences and permissions for use in the commissioned project. We will not accept responsibility or liability for infringements caused by supplied materials without the necessary permission.
- The Company cannot be held liable for any infringements of copyright for supplied material. By supplying images, text, or any other data to us, the customer grants us permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold the Company 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 permission.
- Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss.
Copyright
- All creative work produced and devised during a project(s), creative, digital, and software files remain the property - physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account.
- If a choice of design is presented, only one solution is deemed to be given by us as fulfilling the contract. All other designs remain our property, unless agreed in writing that this arrangement has been changed.
- It remains the Client’s responsibility to seek copyright protection, if desired, for any creative or intellectual property provided to the Client by the Company.
Marketing
The Company reserves the right to use both initial creative concepts and final approved artwork or photographic images for the purposes of the Company’s marketing activities, online and offline, unless otherwise agreed by the Client.
Force Majeure
The Company 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, Fire, Flood, Drought, Failure of power supply, 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.
Agreement
- These Terms and Conditions may be changed by the Company at any time without prior notice to its Clients.
- The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services.
- These conditions and all other express terms of the contract shall be governed by the laws of England.
Claims
- The Company shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the Client. The indemnity shall extend to any amount paid on a lawyer's advice in settlement of any claim.
- Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether printed or digital) and any claim in respect thereof must be made in writing to the Company within three working days thereafter. The Company shall not be liable in respect of any claim unless these requirements are met.
Disclaimer
The information contained in this web site is for general information purposes only. The information is provided by Debbie Kelsey Illustration l Design l Photography and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the web site or the information, products, services, or related graphics contained on the web site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this web site.
- Through this web site you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the web site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.