Terms & Conditions
terms & conditions
1. The following Terms and Conditions of Service apply to all artwork, graphic design, photography, print and all other services provided by Work By Ali, ‘The Company’.
2. ‘The Client’ means the party, or any person acting on their behalf with whom The Company contracts.
3. All design work is carried out by The Company on the understanding that The Client has agreed to abide by The Company’s terms and conditions.
4. At the time of proposal, The Company will provide The Client with a written estimate or quotation by post or email as requested.
5. A copy of the written estimate or quotation is to be deemed as accepted either through a copy of the written estimate or quotation signed and dated by The Client, or via separate written confirmation by either post of email.
6. Alternatively, The Client may send an official order in reply to the estimate or quotation which binds The Client to accept The Company’s terms and conditions. No work on a project will commence until either document has been received by The Company
7. All prices quoted are valid for one calendar month unless otherwise stated in writing.
8. The Company reserves the right to refuse to accept or execute any order or give credit if the arrangements for the payment or The Client’s credit are not satisfactory to The Company and to suspend or discontinue delivery of any service to any Client whose account is overdue for payment for any reason.
Charges for Other Services
9. Charges for any additional services over and above the estimated design, will be made known to The Client. A new, separate agreement will need to be signed and agreed to cover these additions to the original agreement before this additional work will take place.
10. Fees for design services to be provided by The Company, will be set out in the written estimate or quotation that is provided to The Client. At the time of The Client’s signed acceptance of this estimate or quotation, indicating acceptance of these Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until The Company has received this amount.
11. The Client will be asked to provide sign-off before being issued with a final Invoice. This sign-off must be received prior to any print/artwork/publication/transference of license to use the work of The Company. The Company considers the design project complete upon receipt of The Client’s sign off.
12. At this time the remainder of the fees due will become payable, and these must be paid within 14 days. The Company does not offer credit facilities beyond this.
13. Accounts which remain outstanding for 14 days after the date of invoice will incur an interest charge of 8% plus the Bank of England base rate per month of the outstanding amount.
14. Payments may be made by BACS, or previously agreed electronic funds transfer.
15. Details for payment via BACS are:
Nationwide Building Society
Account Name: A E Green
Sort Code: 07-08-06
Account Number: 00367742
16. Any issues with payment should be directed to firstname.lastname@example.org. The Company will write to you in the event that these banking details change. No variation to these payment terms will be accepted without prior written agreement.
17. Any design, copywriting, drawing, photograph, idea or code created for The Client by The Company, 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 The Company and any of it’s relevant sub-contractors.
18. All design work where there is a risk that another party may 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.
19. The Company will not be held responsible for any and all damages resulting from such claims. The Company is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold The Company responsible for any such loss or damage. Any claim against The Company shall be limited to the relevant fee(s) paid by The Client.
20. Unless agreed and specified in the proposal/estimate stage, copyright of content and intellectual property automatically belongs to The Company with works licensed to The Client for specific usage as agreed in the brief, or otherwise as set out above. The Company reserves the right to use any film or photography captured by The Company as stock.
Intellectual property rights
21. Unless agreed and specified in the proposal/estimate stage, all intellectual property rights including design concept, storyboards and campaign concepts, strategy and tactics are automatically assigned to The Company.
22. The Client also agrees to allow The Company to place all designs on The Company’s own website and social media accounts for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
23. The Client agrees to The Company’s definition of acceptable means of supplying data to The Client.
24. Text and images are to be supplied to The Company in electronic format as standard text (.txt), MS Word (.doc) or open source equivalent, on CD, USB data stick, or via e-mail.
25. Images must be of a quality suitable for use without any subsequent image processing, and The Company will not be held responsible for any image quality which The Client later deems to be unacceptable. The Company cannot be held responsible for the quality of any images which The Client wishes to be scanned from printed materials.
26. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services. These services will be billed at The Company’s stated hourly rate for additional services, as set out in its quotations or estimates to the client.
Design Project Duration
27. Any indication given by The Company of a design project’s duration is to be considered by The Client to be an estimation. The Company cannot be held responsible for any project over-runs, whatever the cause.
Rights of Refusal
28. The Company will not include in its designs, 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.
29. The Company also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that The Company does include in all good faith, and then finds out contravenes these Terms and Conditions, the customer is obliged to allow The Company to remove the contravention without hindrance, or penalty. The Company is to be held in no way responsible for any such data being included.
Confidentiality and non-disclosure
30. The Company shall hold in confidence all materials submitted by The Client and visa versa.
31. Should The Client cancel any order or service for any reason after the preparation of the service has commenced (i.e. designing, edited, photographing), then The Client will be liable for all abortive costs incurred by The Company.
32. Cancellation of orders may be made initially by telephone contact, or email, however, following this, The Company will requie formal notification in writing to The Company’s postal or e-mail address. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid upon invoice. Please note: any cancellation which is not formally confirmed in writing and received by The Company within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
33. The Company makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Company will not be held responsible for any and all damages resulting from products and/or services it supplies. The Company is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold The Company responsible for any such loss or damage. Any claim against The Company shall be limited to the relevant fee(s) paid by The Client.
34. The Company reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by these Terms and Conditions. The Company will not knowingly perform any actions to contravene these and The Client also agrees to be so bound.
35. The Company and The Client agree to comply with any printers’ Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Company recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
36. The Company’s liability arising out of services proved to us to be defective is confined to replacement of the services or a refund to The Client to the value of the defective elements supplied.
37. Such replacement or refund shall only be made if The Client makes a complaint to The Company in writing within 48 hours after the supply of services in question has been made.
38. The Company shall not be liable for any consequential losses or damages however incurred.
39. The Company’s prices only cover services or hours worked on normal working days during normal working hours. All materials or services supplied at The Clients request on Public Holidays, Saturdays, Sundays or at any other time outside normal working hours may be subject to an extra charge.
40. These Conditions shall be subject to the Laws of England and Wales.
41. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Company reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
42. The placement of an order for design and/or any other services offered by The Company and validated by The Client’s signature on the estimate or quotation, or otherwise written confirmation via e-mail, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and The Company.