GRAPHIC DESIGN & WEBSITES
It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification shall be effective unless accepted by Becky Lord Design in writing.
a. All orders under £100 require full payment upfront. For all orders over £100, a 50% non-refundable deposit is required upon booking.
b. Artwork is not released prior to the full balance being paid.
2. DEFAULT IN PAYMENT
The Client shall assume responsibility for cost outlays by Becky Lord Design in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
3. TIME & DEADLINES
a. Any timings given are for estimation purposes only unless the Client sets a required deadline. Becky Lord Design will always keep the Client up to date on timing.
b. If a deadline is to be put in place please ensure you notify Becky Lord Design of this before booking. Becky Lord Design cannot be held responsible for any delays if deadlines are not mentioned in writing prior to booking.
c. Any delay in the completion of the design due to unforeseen illness, or events out Becky Lord Design’s control will mean the project may be delayed. You will be notified if this is the case.
d. If after 3 days of any work being sent, Becky Lord Design does not receive a response or communication from the Client, Becky Lord Design cannot be held responsible for any delays in the completion of the design and/or overall project as a whole.
4. CLIENT RELATIONSHIP
Becky Lord Design is acting as an Independent Contractor. Becky Lord Design is not undertaking any artwork as any employee of the Client, nor entering into a joint venture of partnership with the Client. Becky Lord Design reserves the right to seek advice or assistance when required.
a. The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer Becky Lord Design the first opportunity to make any changes. Any changes made by Becky Lord Design will be charged at her hourly rate of £45.
b. Changes made by Becky Lord Design to a website design once the website has been launched and signed-off will be charged at her hourly rate of £45. This includes recovering any information or data lost due to client or host error.
The Client must assume that all expenses of, including but not limited to, stock imagery, fonts, digital items, printing and materials to be used within any design work created by Becky Lord Design on behalf of the Client will be added to the final bill and fall on the responsibility of the Client for payment. Where any expenses are due to arise, Becky Lord Design will provide the Client with a quote and will require written confirmation of acceptance before making any additional expenses.
7. DIGITAL STOCK, COPY & PHOTOGRAPHY
a. Costs of any digital stock, fonts, copywriting and/or photography is not included. The Client is responsible for supplying all content & imagery prior to the project commencing.
b. Should the Client request Becky Lord Design sources digital stock, fonts and/or photography on their behalf, a sourcing fee of £45 per hour will be charged along with the full cost of the item(s).Becky Lord Design will hold the licence for any digital stock, fonts or photograph purchased on behalf of the client.
c. Due to licensing restrictions, Becky Lord Design is unable to provide font files for any fonts used within your final artwork. Should the client wish to use the fonts, the client is responsible for obtaining a licence for usage of the font and any fees involved in the purchase and/or licensing of the font.
d. Becky Lord Design does not provide support for installing and use of fonts, digital stock and photography.
a. Cancellation By the Client You have the right to cancel your project at any stage of the design process. In the event of cancellation any monies paid prior to cancellation are non refundable and you will also be required to pay for any additional work that has been carried out prior to cancellation which has not been paid for.
Ownership of all copyrights and the original artwork shall be retained by the Becky Lord Design. Any usage of the artwork created by Becky Lord Design before or after the project being cancelled will result in appropriate legal action.
b. Cancellation By the Designer In the unlikely event of Becky Lord Design not being able to complete the design due to illness or events out of her control, another professional & reputable designer will be recommended to complete the work. Becky Lord Design reserves the right to cancel the project at any given time without prior notice.
9. RETURNS AND REFUNDS
Refunds and exchanges will only be made if the design is faulty or does not meet the specifications, excluding colour, of your order and are at the discretion of Becky Lord Design.
a. Unless specified, all designs remain the Copyright of Becky Lord Design.
b. Any design(s) not chosen by the Client shall remain the property of Becky Lord Design.
c. Becky Lord Design’s reserves the right to use any designs and photography featuring the designs within advertising material, magazines, website, blog or social media pages and consent is hereby given by the Client.
d. The Client is fully responsible for ensuring they have obtained full copyright or permissions to use any content in the artwork not provided by Becky Lord Design. This includes but is not limited to all photography, fonts, copy and content, design elements and branding of other companies. Becky Lord Design can not be held responsible for any legal action taken against the Client for unlawful use of any content within the design.
a. All proofreading is the Client’s responsibility. The Client should thoroughly proofread all information they intend to include in their artwork prior to sending to Becky Lord Design to incorporate in their design.
b. A further proofread should be done once the Client has received the design. Any mistakes noticed after completion are not Becky Lord Design’s responsibility. Any amendments will be charged at the hourly rate of £45 per hour.
a. Credit is not given for printing through Becky Lord Design. All printing fees must be paid prior to any artwork being released for printing.
b. Colours of printed versions of your artwork may vary to that displayed on your screen and the overall finish may differ to that of artwork you have printed elsewhere. Becky Lord Design cannot be held responsible for any variations in colour or quality.
c. All items to be printed through Becky Lord Design shall require full proofing by the client prior to sending to print (See Section 10). Upon completion of the artwork, Becky Lord Design will issue the client with a print approval email. The client is required to fully proof read all documents attached to the approval email, confirm their approval via email to firstname.lastname@example.org and ensure any outstanding balances have been cleared. No artwork is sent to print by Becky Lord Design until the approval email from the client and monies owed have been received.
d. Any mistakes found after the artwork has been approved and/or printed are the client’s responsibility and all re-printing charges will be the responsibility of the client.
e. For any artwork the client arranges printing, Becky Lord Design can not be held responsible for any errors, colour matching, finishing or quality of the final printed product.
f. Becky Lord Design is not able to offer advice on printer issues, please refer to the manufacturers handbook or the manufacturer’s online help services.
a. Becky Lord Design can not be held responsible for any items damaged, delayed, missing or lost which have been sent to the Client.
b. Should the Client rearrange delivery of any items to an alternative address directly via Becky Lord Design’s chosen courier, the Client accepts full responsibility for any items damaged, delayed, missing or lost.
c. Becky Lord Design can not be held responsible for any items created by Becky Lord Design that have been damaged, delayed, missing or lost which have been sent by the Client.
d. Return postage costs are not covered by Becky Lord Design.
e. Becky Lord Design is not responsible any items damaged, delayed, missing or lost that have been returned by the Client.
f. Becky Lord Design is not responsible for any postage costs incurred by the Client.
Risk of damage to or loss of the goods shall pass to the client at the time of delivery.
15. WEBSITE HOSTING
a. Should the client arrange for Becky Lord Design to set up their website hosting, the client’s WordPress website hosting will be set up by Becky Lord Design on behalf of the client through 1&1.co.uk.
The hosting will be registered using the client’s details and all access information to the clients 1&1.co.uk account will be provided by Becky Lord Design to the client. Should the client already be registered with 1&1.co.uk and still requires hosting to be set up, Becky Lord Design will require the clients username and password to access the clients 1&1.co.uk account and set up hosting on their behalf. Becky Lord Design does store any passwords or sensitive data.
b.The hosting will be set up for 12 months. After the initial 12 months, 1&1.co.uk will issue the client with a hosting reminder via email. The client is fully responsible for ensuring the hosting is either renewed, discontinued or moved. Becky Lord Design can not be held responsible for any site or data loss due to the client not renewing, discontinuing or moving the hosting. The client accepts that should they not renew or move their hosting before the renewal date will result in the site being inaccessible and shut down.
c. The client is under no obligation to continue hosting through 1&1.co.uk and can move hosting any time. Should the client wish to move hosts, the client is responsible for ensuring the website is moved across using the correct procedure. Any information, data and/or website loss during the migration is not the responsibility of Becky Lord Design.
d. Becky Lord Design does not provide support for moving hosts, domains or emails.
e. Becky Lord Design is not responsible for any hosting issues, site load time, errors or issues caused by the client, by WordPress, by plugins and by the host.
f. Becky Lord Design and 1&1.co.uk are in no way associated or affiliated.
16. DOMAIN NAMES
a. The client is the registered legal owner of the domain(s) purchased via Becky Lord Design on behalf of the client. All domain details and access will be provided to the client once active.
b. Becky Lord Design can not be held responsible for any data loss or technical issues the client may encounter in relation to their domain name.
17. DOMAIN FORWARDING
The client is responsible for arranging any domain forwarding or domain remapping.
18. WEBSITE BACK-UPS
a. Should the client arrange for Becky Lord Design to set up their website hosting, Becky Lord Design will access the clients website on a monthly basis to update and back-up the entire website for the first 12 months of hosting. After the initial 12 months, Becky Lord Design will provide back-up instructions via email to the client, the client is then responsible for ensuring back-ups are done regularly and stored safely.
b. Should the site need to be restored at any time during the initial 12 months of hosting, Becky Lord Design will provide the client the latest back-up files for the client to install onto the site. After the initial 12 months of hosting, it is fully the clients responsibility to restore the site using back-up files they have taken.
19. WEBSITE DOWN TIME & TECHNICAL SUPPORT
a. Becky Lord Design can not be held responsible for any website down time. Where possible, Becky Lord Design will provide support on behalf of the client.
b. Any time spent recovering a website by Becky Lord Design will be charged at her hourly rate of £45.
c. Becky Lord Design can not be held responsible for any technical errors that may arise after the website has been completed.
Becky Lord Design shall not disclose any confidential information concerning the design or project to any third party without prior permission.
Any complaints should be raised by the client with Becky Lord Design, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the artwork.
22. LIMITATION OF LIABILITY
Becky Lord Design shall not be liable to the client or be deemed in breach of the agreement by reason of any delay in performing, or any failure to perform any of Becky Lord Design’s obligations in relation to the goods, if the delay or failure was due to any cause beyond Becky Lord Design’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Becky Lord Design’s reasonable control:
– Act of God, explosion, flood tempest, fire or accident
– War or threat of war, sabotage, insurrection, civil disturbance or requisition.
– Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of governmental, parliamentary or local authority
– Import or export regulations or embargoes
– Strikes, lock-outs or any other industrial actions or trade disputes
– Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
– Power failure or breakdown in machinery and equipment.
The validity, construction and performance of this agreement shall be governed by English Law.
COPYRIGHT © 2017
BECKY LORD DESIGN
My studio is based in Sheffield, UK and welcomes clients worldwide.