The purpose of these ‘Terms and Conditions’ is to explain
to you, our client, the standard of service which we are committed to
providing, the co-operation that we will seek from you and the basis
upon which we will handle your project(s) and charge you for the work
that we do.
1 WHAT YOU CAN EXPECT FROM US
1.1 Each contract for work will be assigned
to an Account Manager. It is the responsibility of the
Account Manager to oversee all aspects of your project
and he/she will be your immediate contact. It will be
their responsibility to monitor budgets and targets,
ensuring that your project runs according to the agreed
schedule and meets with your approval. To ensure a high
level of efficiency within the team, the Account Manager
will take an active role at the beginning of your project
and at key stages throughout its development.
1.2 We will
endeavour to keep you fully
informed as to the progress
of your project.
1.3 Your Account Manager and his/her team will afford
your project due priority. You will understand that as a busy graphic
design company, our directors and Account Managers maintain a very
full caseload. From time to time very urgent matters may arise on other
projects, which will prevent us from giving your case immediate attention.
We will never lose sight of the fact that your project is of the utmost
importance, but we do seek your understanding if such eventualities
1.4 We shall endeavour to keep costs of meetings to
a minimum. Where possible we will include these charges within the
estimate or quotation for work. Should circumstances arise where this
is not possible you will be advised in advance of any expected costs.
Meetings at our premises are charged 50% of the hourly rate(s) of those
attending, meetings at your place of work or designated location are
charged at the hourly rate of those attending.
1.5 Travelling time up to 1 hour in
each direction will not be charged. All other travelling time will
be charged at 25% of the attendee’s hourly rate. Expenses for
travel to/from meetings totalling over £5.00 will be charged
at cost and added to your invoice.
1.6 If you feel that the service we provide falls
short of our commitment as set out in these conditions, or of the standard
that you feel entitled to expect, please tell us. You should write
either to your Account Manager. If, however, you find our service satisfactory
or (we hope) better that this, we do ask that you consider recommending
us to others.
1.7 Current hourly charge out rates can be obtained
from any member of our team upon request.
2 WHAT WE WILL EXPECT FROM YOU
2.1 We ask you to give us any information, pictures, logos,
etc and instructions that we request from you promptly, in order that
we may progress with your project as efficiently as possible.
2.2 Any information, graphics or other files supplied
to us must conform to our software/print requirements.
2.3 We ask that you settle our accounts promptly
and in accordance with clause 6.
3 MANAGING DATA AND YOUR INSTRUCTIONS
3.1 In the absence of any written instructions we will not discuss
your project with any other person, persons or company other than those
directly involved with the project. In particular, we will not disclose
any information (plans, ideas, original concepts, etc) other than where
it is necessary to enable us to carry out your instructions or proceed
with the project.
3.2 Similarly, we will not be able to give information
to or receive instructions from any person other than yourself, in
the absence of your specific written instructions. In the case of
Companies and Partnerships we will accept instructions from any Director
or Partner, unless you provide us with written instructions to the
3.3 You may of course authorise us to disclose information
to and receive instructions from any person on your behalf. If you
wish us to deal with any other person in this way then please confirm
the position to us in writing.
3.4 We will take careful notes of meetings, instructions
and activities on your project to ensure that the fullest possible
information is kept on file so that any member of the team dealing
with your project will be able to understand the current position.
The task to collate and store this information will fall to your designated
4 HOW WE CALCULATE OUR CHARGES
4.1 We appreciate that out clients like to know in advance how
much the work for a project will cost. However, this is frequently not
possible because the amount of work required is dictated by changes to
and progression with your project and by the virtue of the type of work
that we do.
4.2 Notwithstanding, the difficulty in estimating
our costs we will always try to give the best estimate possible.
4.3 Our estimate or quotation will, of course, be
based on the initial information that you have given us and may be
subject to variation if unknown factors emerge which complicate the
project. You will be advised if such unforeseen complications arise
and we will discuss with you our revised estimate of charges.
4.4 Broadly, our professional charges are calculated
by reference to the amount of time spent on your project. Each Drayson
Design employee or design consultant is allocated a basic hourly charging
rate. The current rates are available upon request.
5.1 Should you have to cancel or postpone a project for whatever
reason, you will be charged for all work-undertaken to-date. You may
also be subject to charges in circumstances where machinery or services
have been reserved for your project (such as booking your project onto
a print press) and cannot be substituted for an alternate project.
5.2 In circumstances where you have to postpone
a project, we reserve the right to request all outstanding payments
to be settled prior to commencement of any further work. We may,
at our discretion, request that the entire balance for the project
be settled also.
6 PAYMENT OF CHARGES
6.1 We employ two payment systems. One for corporate account
customers and one for non-account customers. If you do not have a credit
account with us you can apply to your Account Manager who will send you
the appropriate application form.
6.2 Credit accounts can only be set up if you have
previously utilised our services. You cannot apply for credit on
your first project or invoice.
6.3 With the exception of payments for a deposit,
credit account customers shall benefit from credit terms of 30 days
from the invoice date. Non account customers shall be required to make
immediate payment on presentation of our invoices.
6.4 Credit account customers are required to pay a
25% deposit prior to commencement of all multimedia (Web) projects
and 50% for printed matter that exceeds £500 net value. The remaining
amount due will be invoiced on completion of the project.
6.5 Non-Account customers are required to settle all
invoices for printed matter in full prior to the commencement of work.
For multimedia (Web) projects payment must be made in full prior to
the commencement of any work unless the customer is opting to pay by
standing order. In this instance, a 25% deposit shall be payable immediately
(and prior to the commencement of any work), followed by three equal
monthly payments of the remaining balance. The first of these standing
order payments shall be taken on the 25th of the month following the
original invoice/deposit payment.
6.6 For on-going projects and/or for a project that
exceeds one month (30 days), invoices will be issued at the end of
each month and shall detail all work carried out within that month.
6.7 All invoices clearly state the date upon which
payment is due. We will expect payment in full on or before this date.
If payment is not made on or by the due date, we will automatically
impose the Credit Administration Fee as detailed in clause 6.8. This
fee will be enforced without prejudice to our other rights. Additionally,
if the monies due are in respect of the design and/or hosting of a
Web site, we shall be entitled to restrict access to the site or take
the site off-line until all monies due are paid in full.
6.8 Invoices not paid by the due date will have a
Credit Administration Fee of £20.00 added to the total amount
due. This fee is not payable if the invoice is paid in full on or prior
to the due date specified. The credit administration fee covers loss
of interest and administration costs to recover overdue monies.
6.9 In addition to the credit administration fee,
invoices that remain overdue for longer than 90 days (three months)
may be referred to our solicitors for litigation and will be subject
to further charges. These additional charges are as follows - 4% of
the outstanding balance for each month that the amount remains unpaid
from the date that the invoice became due. This amount is accumulative
and will be applied at monthly intervals (or part thereof) following
the invoice due date.
6.11 Cheque, Cash and BACS transfer shall be the only
accepted forms of payment.
6.13 Title to goods and intellectual copyright remain
with us until all monies due for the work/service provided are fully
7 PURCHASE, RENEWAL AND MAINTENANCE OF INTERNET DOMAIN NAMES
7.1 Until we have confirmed successful registration of the domain
name to you in writing by means of an invoice or otherwise, there is
no guarantee that the name requested has been secured. We reserve the
right to refuse registration requests that we consider being of an explicit
sexual, indecent or racist nature or where the name is likely to be used
for immoral purposes.
7.2 UK Sub Domain Name registrations/renewals (Nominet)
are for a period of two years, TLD (Top Level domain) names (Internic)
can be registered for up to 10 years. Once registered, a Domain Name
cannot be ‘unregistered’. If a Domain Name is no longer
required you should refrain from renewing it upon expiry. After a
period equalling approximately six months of your non-renewal of
the Name, Nominet (UK Sub Domain Names) or Internic (TLD Names) will
place the Domain Name back into general circulation.
7.3 We will purchase domain names on behalf of, and in the name of the client. All billing and administrative contact details will be set to Drayson Design. We will always endevour to remind clients that their domains are due for renewal, however the onus for renewing domains, ultimately lies with the client. We will NOT renew a domain name unless we have been given specific instructions to do so. If a domain falls into redemption period before we have been notified to renew it, then the client will be expected to pay all extra costs incurred to restore the domain. Please request the current costs before proceeding. Domain names will remain the property of Drayson Design until paid for in full.
7.4 We may charge a nominal fee of £5 to transfer
a Domain Name to our control. Transfer away of a Domain name to another
ISP or Tag holder, or a new account holder will incur a fee of £40, unless we incure further charges, which will
be passed on to you.
7.5 Transfers of a domain name away from Drayson Design normally takes 5-7 working days, athough it could be a great deal longer on some occassions. We will not initiate a transfer away from Drayson Design unless there is at least 3 weeks left before the expiry date to ensure the safety of the domains.
8 GRAPHIC DESIGN AND CONSULTANCY
8.1 We shall apply charges for design and Consultancy in-line
with our current published tariffs.
8.2 Unless otherwise agreed in writing, we shall present
you with a written quotation prior to the commencement of work.
8.3 Additional work required and not detailed within
the original quotation shall be presented to you for approval prior
8.4 In circumstances where you have requested a proof,
we will not proceed with the work until the proof has been authorised.
8.5 We shall retain all rights to the intellectual
copyright of original graphics/files and photographs taken by us unless
otherwise agreed in writing. The presentation of the original/source
files to you will incur a fee for the release of our intellectual copyright,
this is currently 20% of the original contract fee. Upon payment of
the fees, we shall relinquish copyright and ownership of all files
relating to the contract in your favour.
8.6 All graphic design and creative work is undertaken
on the understanding that you are familiar with the quality and style
of previous work and projects undertaken by us. In the unlikely event
of us not agreeing on the style chosen for your project or approach
we have used, you will be required to pay for all work and services
undertaken to-date prior to cancellation.
9 WEB SITE DESIGN
9.1 Unless otherwise agreed in writing prior to commencement
of work, you shall retain the title of ownership and the intellectual
copyright to the design of a Web site once all related invoices and monies
due have been paid in full.
9.2 Web sites maintained by us on our server shall
only be accessible for modification by our technicians/designers
or an appointed representative, irrespective of who owns the title
and/or copyright to the Web Site.
9.3 Should you wish to either take the Web site
to an alternate server, or modify the site yourself, you must first
terminate any maintenance agreement with us. Once this has taken
place, we will (for a nominal fee) present the complete Web site
to you on CD-ROM. Or, if the site is to remain on our server, you
will be provided with the necessary FTP (File Transfer Protocol)
address and password. The file format for a Web site presented to
you on CD-ROM will be that of whichever Web authoring software we
are using, such as one of the following: Adobe GoLive, Macromedia
Dreamweaver or Macromedia Flash/Shockwave.
9.4 If the fee quoted to design a Web site includes
hosting it on our server, this will be for the first twelve months
only, from the date the site goes live, unless agreed otherwise in
9.5 Renewal fees for maintaining the site will be
based on the work involved to keep your Web site fully maintained during
the first twelve months.
9.6 The hosting fee (excluding any maintenance package)
for year two onwards will be calculated according to the space used
by the Web site on our server. Web space prices are available upon
request. If your site includes extras such as a secure area, database
support or any other ‘add-on’ item with an expiration date,
these features will be renewed at their current rate and the fee added
to your invoice. The renewal of the hosting for a Web site will not
ordinarily include the renewal of a Domain name. See the clause about ‘Web
9.7 If you fail to renew the Web space allocation
for the hosting of a Web site or do not take the site away via the
appropriate method, then we shall be entitled to dispose (delete all
files) of the site after a period of three months or more has elapsed.
9.8 We shall not be held responsible for technological
advances or discoveries made after completion of designing a Web site
that cause your Web site to become out of date or prevent it from functioning
to its optimum. We reserve the right to make appropriate charges to
modify a site and bring it up-to-date with the aforementioned technological
9.9 Please also refer to clause 8.5 in relation to
intellectual copyright of original source/graphic files.
10 DISCRETIONARY DESIGN, PRINT AND PRODUCTION
10.1 We shall, where deemed appropriate by all parties, insert
a small single text credit on projects produced, designed and/or printed
by us. The credit will be discreet, non-distracting and will contain
10.2 The credit shall read in one of the following
ways; ‘Produced by Drayson Design’, ‘Designed by
Drayson Design’, or ‘Printed by Drayson Design’.
Whichever of these relevant statements is used may be followed by either
our telephone number or web site address depending on the nature of
the project. Web site projects will include the words ‘Drayson
Design’ being made into a hyperlink to our own Web site (which,
when ‘clicked on’, will always open in a new browser window).
10.3 The reason why we place the credit is that the
majority of design work is gained by recommendation and word of mouth
- obtaining projects in this manner is an integral part of our business.
10.4 Circumstances where we would automatically deem
the credit intrusive or inappropriate shall include business cards
and small publicity items (smaller than A6 size), business stationery
such as letterheads and compliment slips, etc.
10.5 In line with English law, publications such as
magazines, journals, newspapers and books are required to carry contact
information for the printer/publisher in case of any claims for libel
or discrepancies over content or accuracy.
11 FORCE MAJEURE
11.1 Neither you, our client, or us shall be liable to the other
for any failure to perform any obligation under these terms and conditions
which is due to an event beyond the control of such party. Including,
but not limited to, act of God, war, insurrection, riot, civil unrest,
act of civil or military authority. Any party affected by such event
shall immediately inform the other party of the same and shall use all
reasonable endeavours to comply with these terms.
12.1 Failure by either you or us to insist upon strict performance
of any provision of these terms of business or the failure of either
party to exercise any right or remedy to which it is entitled hereunder
shall not constitute a waiver thereof and shall not cause a diminution
of the obligations under these terms.
12.2 No waiver of any of the provisions of these terms
shall be effective unless it is expressly stated to be such and signed
by both you and us.
13.1 If any provision of these terms is held invalid, illegal
or unenforceable for any reason by any Court of competent jurisdiction,
such provision shall be severed and the remainder of the provisions of
these terms shall continue in full force and effect as if the terms had
been executed with the illegal or unenforceable provision eliminated.
14 ENTIRE TERMS AND CONDITIONS
14.1 These terms and conditions constitute the entire understanding
and agreement between you our client, and us, relating to the subject
matter of these terms.
15 LAW AND JURISDICTION
15.1 This Agreement is governed by the laws of England and Wales
and the parties submit to the jurisdiction of the Courts of England and