Teather Creative Design / Wow Website Graphics Terms and Conditions of Service
- These terms and conditions – The Terms – govern every contract made between Teather Creative Design / Wow Website Graphics [hereafter referred to as “The Supplier”] for the supply of services to any person, firm, company or organisation [hereafter referred to as “The Client”]. The Client means the person, firm, company or organisation which purchases the services from Teather Creative Design and/or Wow Website Graphics.
- The Terms prevail over any other written terms and conditions originated by The Client for the purposes of soliciting product or services from The Supplier.
- Any variation to The Terms must be agreed in writing and signed off by The Supplier [Mrs Sammy [Karen] Teather]
- All contracts between The Supplier and The Client will be governed by English law and all interested parties must agree to submit to the exclusive jurisdiction of the English courts
- Orders for work must be submitted in writing to The Supplier by The Client on the order form provided by The Supplier which sets out all services which will be provided by The Supplier.
- Notwithstanding clause 2.a, if The Supplier accepts a verbal order from The Client, The Supplier cannot be held responsible for any mistakes (made by either party) arising from that verbal order.
- The Supplier reserves the right to refuse any order.
- A quotation is defined as a document detailing the partial or total cost to The Client of the supply of agreed products and/or services, by The Supplier.
- All quotations given by The Supplier will be valid for 30 days from the date of the quotation provided by The Supplier.
- The Client must accept the quotation by signing and returning the order form in accordance with paragraph 2 above.
- If The Client’s final order changes from the original specification made for the quotation, The Supplier reserves the right to amend that quotation.
- Once The Supplier has been given the go-ahead for work to commence in accordance with the written instructions [see clause 2.a] if for any reason the order is then cancelled by The Client, work to date, including preparation and rough workings will be charged at the usual hourly rate.
- Unless specifically stated to the contrary in the details of the service or package The Client purchases or has agreed in writing with The Supplier, the services are not available on a trial basis and it is The Client’s responsibility to ensure that the services requested are suitable for The Client’s technical requirements.
- The Client is entitled to cancel the services by contacting The Supplier in writing [see clause 4.a for implications]. Once The Supplier accepts The Client’s cancellation request The Client will be provided with written confirmation of receipt of the cancellation request and an invoice for charges incurred thus far [see clause 4.a].
- If no receipt of a cancellation request is received by The Client within 48 hours of that cancellation request being sent, it is The Client’s responsibility to re-send the cancellation request in case of non-delivery to The Supplier for whatever reason.
- The Supplier reserves the right to cancel or suspend The Client’s service at any time without notice if The Client breaches any of the terms and conditions [The Terms].
5. Turnaround Times
- Quoted turnaround times are estimates only and The Supplier accepts no liability for failure to meet these times but will endeavour to meet them.
6. Colour Balancing
- The Supplier will undertake to work with specific Hex colour codes if provided by The Client.
- As colour resolution on screens and in printing can vary, The Supplier cannot be held liable for any colour variation when the images are reproduced either via a screen, printing process or any other reproduction method which The Supplier does not control.
7. Price and Payment
- The Client will pay The Supplier the hourly or fixed fee or current price list charge – whichever is agreed at the time of instruction.
- The Supplier will invoice The Client upon completion of the work or at one-month intervals for jobs that take longer than a month to complete.
- Invoices from The Supplier to The Client for the supplied goods and/services must be paid in full on receipt of invoice by bank transfer (bank details are supplied on the invoice) or otherwise as agreed in writing by The Supplier.
- Final un-watermarked files will NOT be released until payment is confirmed by The Supplier.
- The Supplier reserves the right (without disclosing any reason) to demand payment for work provided to The Client thus far at any time.
- The Supplier reserves all rights to suspend all services until payment is received in full and all outstanding debt is cleared. The Client is responsible for any additional costs incurred by The Supplier in the collection of any outstanding debt.
- Late payments of more than 1 calendar month from invoice date will incur a late payment fee increasing in 5% compound increments per month outstanding until full payment is received by The Supplier. This is to cover the cost of administration time spent sending out emails, repeat invoices etc. in order to recover the outstanding debt.
- Provision of goods and services by The Supplier undertaken in accordance with The Client’s order is not refundable if the provided goods and/or services meet the original brief [see clause 2.a].
- A design style is unique to the designer who creates it, and before commencing work The Supplier urges all Clients to consider the design style of work produced by The Supplier [www.teathercreativedesign.com and www.WowWebsiteGraphics.co.uk] and agree that this is acceptable before engaging The Supplier’s services. By submitting an order and accepting The Supplier’s quote, it will be assumed The Client has made this check.
9. Undelivered / Uncollected Work
- PNG and other electronic files are sent to The Client via email. If completed work is not received by The Client within 7 days of the expected day of receipt, it is The Client’s responsibility to contact The Supplier so that the file can be re-sent.
- Print and other physical media are not produced in-house by The Supplier. Printed items will be produced at a specialist printing facility [chosen by either The Supplier or The Client subject to the agreement] and will be sent by them to The Client via their recognised courier or postal service. If completed work is not received by The Client on the expected date as specified by The Supplier, it is The Client’s responsibility to contact The Supplier so that the specialist printing facility can be informed and recompense sought from them if necessary.
- If any items of work belonging to The Client are not collected within 12 months of the requested work being completed, The Supplier reserves the right to dispose of such material, at The Supplier’s discretion.
- The Supplier accepts no responsibility for Client deadlines missed because of unexpected delays in delivery, whether electronic or physical.
10. Copyright and Moral Rights
- The Supplier supplies PNG files directly to The Client for use wherever The Client wishes with no copyright restrictions on The Client’s usage OF THAT SPECIFIC IMAGE.
- The Client DOES NOT have the right to re-sell, licence or otherwise give permission for the image designed for them by The Supplier for use in any capacity by any other individual or organisation whether for personal, financial, non-financial or business use.The Supplier reserves the right to pursue copyright infringement claims if this occurs.
- The Supplier does NOT undertake to also supply editable master files such as vector files, Illustrator, PDF or EPS files.
- If work requires editing or otherwise re-purposing or re-posing, including text changes, The Supplier will gladly do this for The Client at their standard rates and send PNG files of the amended work to The Client.
- Upon receipt of final payment for work undertaken on their behalf by The Supplier, The Client gains the full copyright to the EXACT image they have purchased from The Supplier in perpetuity.
- The Client MUST NOT alter, adjust, amend or in any other way copy or reproduce a variation obviously based upon the original artwork without prior written permission from The Supplier. The Supplier reserves the right to pursue copyright infringement claims if this occurs.
- A design style is unique to the designer who creates it, so The Client must be aware that the possibility of two designs possessing common elements and therefore looking similar, while not being exactly the same does NOT constitute a breach of clause 10.a.
- The Supplier undertakes NOT to re-sell artwork specifically designed for The Client. However, it is not the responsibility of The Supplier if an image is subsequently obtained by any third party (eg. by copy and paste from The Client’s website) and then appears on any third party’s website or in any other material. Following this up and taking appropriate legal action is the responsibility of The Client alone.
- The Supplier claims no copyright in material submitted to them for the purposes of fulfilling The Client’s instruction eg. using existing logos or images, as directed by The Client.
- The Client warrants that The Client owns or controls all rights has obtained all copyright or has permissions, consents and waivers now and hereafter required for all copying, processing, scanning, printing and manipulation of existing images or text to be undertaken by The Supplier on their behalf.
- The Client also warrants that no copyright or moral rights will be infringed by The Supplier carrying out the requested work.
- The Client agrees to indemnify The Supplier against all losses, damages, claims or expenses which The Supplier may incur resulting from any breach of the above warranties.
- The Supplier takes no responsibility for the context, ethics or morals of any Client’s website(s) and or other material outside The Supplier’s control. The supplier, however, reserves the right to withhold future services from any Client or prospective Client without explanation.
- If The Client wishes to query an invoice, The Client must contact The Supplier concerning the details within 7 days of the date of the invoice.
- The Supplier’s liability to The Client or any other party for the loss including theft, or destruction or damage to any materials provided by The Client which are deposited with The Supplier for whatever reason is limited to the replacement cost of the actual material.
- The Supplier is not liable for the cost of reshooting or reprinting the material contained on the material.The Supplier is not liable for any loss or damage to The Client or any other party including loss of income; it is The Client’s responsibility to insure against such loss and damage.
- The Supplier is not liable for failing to complete any contract between The Supplier and The Client due to circumstances beyond The Supplier’s control including loss of power, machine breakdown, loss of materials, fire, storm, flood, theft, an act of God, war, civil disturbance or terrorism.
- The Supplier is not liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by The Client or for any wasted management time or failure to make anticipated savings or liability The Client incurs to any third party arising in any way, in connection with this agreement or otherwise, whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
- The Supplier is not liable for any costs incurred by The Client arising directly or indirectly from:
- interruptions to the services or outages (eg. power cuts);
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- the effects of the failure or interruption of services provided by third parties;
- problems with The Client’s equipment / third party equipment; or
- interruptions to the services requested by The Client.
- All work is backed up by The Supplier in duplicate, but The Supplier holds no liability in the event that these files are lost or made partially or wholly irretrievable for whatever It is strongly suggested The Client takes backup copies of the work, paid for by themselves, upon receipt of the artwork/files.
Sammy (Karen) Teather February 2017