WDesigner is a trading name of M Rek, self-employed graphic designer based in Enfield, London, UK.
In these conditions “the Customer” means the person, firm or company who commissions the services of WDesigner “the Designer“. By commissioning the Designer to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Designer may be contracted to produce or provide for the Customer will be subject to the following:
For each project, the Customer will receive an estimate outlining the project specifications and estimated fees for our time based on the Designer’s current hourly rate and, where appropriate, any goods and professional services commissioned by the Designer in order to complete the project. Work will begin upon the Customer’s written or oral approval of the estimate and this will constitute an agreement. The Customer agrees to pay the Designer in accordance with the terms specified in each proposal/estimate. Estimates are valid for only 30 days from the date on the estimate.
Unless otherwise agreed in writing by the Designer all Customers that have not submitted a credit application and been approved by our accounts department will be required to pay 50% of the project cost before work can begin and all subsequent balances due are payable upon artwork approval. The costs of printing must be paid in advance. The Designer reserves the right without notice and in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented to incorporate the features of European Directive 2000/35/EC to charge interest on past due balances at the rate of 8% over the Bank of England base rate per annum and reserves the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Designer’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts. For some projects the Designer may charge stage payments or monthly payments. The Designer reserves the right to make a search with a credit reference agency, which may keep a record of that search and will share the information with other businesses. The Designer may also make enquiries about the principal directors with credit reference agencies.
Revisions and alterations
New work requested by the Customer and performed by the Designer after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, II will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. When contact reports are issued by the Designer’s staff of meetings between the Customer and the Designer the contents will be taken to be a correct record of the meeting to which it refers if it is not questioned by the Customer within three working days of its receipt. Author’s alterations or changes to copy or content requested after the artwork is completed are billed at our standard hourly rates. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.
Overtime and rushed orders
Estimates are based on a reasonable time schedule and may be revised to take into consideration Customer’s “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of deadlines is essential to provide an accurate estimate. In addition suppliers may mark up their charges in respect of work required in a hurry and these will be charged for.
Exclusion of liability
Under no circumstances whatever shall the Designer be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions the Designer’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Designer and Customer are as set out herein.
Nature of copy and property belonging to others
The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.
Errors and omissions
It is the Customer’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, dimensions and distances. The Designer is not liable for errors or omissions. The Customer’s signature or that of his authorized representative is required on all proofs or artwork prior to release for printing or other implementation.
Over runs and under runs
Some printers’ terms enable them to deliver over or under the quantity ordered and to charge accordingly. In such cases the Customer will accept over runs or under runs that do not exceed +/- 10% of the quantity ordered and the Designer will bill for the actual quantity delivered within this tolerance.
Placement of advertising
At the Customer’s request I will purchase media space or airtime which will be billed at current rates including any agency commission. The Designer cannot be held liable for advertising which does not appear on a particular time/date or in a particular issue or position or break.
Property and suppliers performance
The Designer will take all reasonable precautions to safeguard property entrusted to it. In the absence of negligence on its part, however, the Designer is not responsible for loss, destruction or damage or unauthorized use by others of such property. The Designer will use its best efforts to ensure quality and timely delivery of all artwork, printed matter and other materials. The Designer will use its best efforts to guard against any loss arising from the failure of its suppliers, media, or others to perform in accordance with their commitments but the Designer is not responsible for failure on their part. The Designer cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents.
Software and third parties
Whilst I are happy to quote a fixed total price with an agreed deadline for the design and website development undertaken in-house I cannot do the same for projects that include software from third party suppliers. Whether such software is ‘off the shelf’ or specially written or adapted for the project from similar projects I reserve to right to extend the timescale of the project and to charge any extra fees incurred through extra time spent over and beyond the original project budget. I will endeavour to inform you if an overrun is likely to occur and the likely increase in cost. I strongly recommend clients to take out separate support contracts with third party software suppliers. I cannot be held responsible for the proper functioning of a piece of digital work, application or website or for any part of it if any individual or company has in any way modified, changed or added to our code or software architecture.
All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
Rights of ownership
Once a project has been delivered by the Designer and is fully paid for by the Customer, the Designer will assign the reproduction rights of the design or use of the code for the use(s) described in the proposal. The ownership of all computer code written by the Designer and all rights for its use and resale shall remain with the Designer unless otherwise agreed in writing by the directors of the Designer. The rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators commissioned by the Designer, or purchased from an agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator or their agents. The Customer may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated unless a transfer of rights and the payment of any additional fees has been made. The Designer reserves the right to photograph and/or distribute or publish for its promotional and marketing needs any work created, including roughs, visuals, mock-ups and presentations, as samples, in Company newsletters, brochures, presentations and websites and for entry for awards. The Designer will endeavor to store files on computer disks for a period of 6 months beyond the delivery of a job, thereupon the Designer reserves the right to discard them without notice.
The hosting of websites by the Designer on its own servers or through other hosting companies is subject to terms and conditions extra but not excluding these terms and conditions. A copy of the Designer’s Terms and Conditions of Hosting are available on the Designer’s website.
The Customer will indemnify and hold the Designer harmless for any loss or expense (including legal fees), and agrees to defend the Designer in any actual lawsuit, claim or action arising in any way from the working relationship. This includes but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials prepared by the Designer and which the Customer approves before publication.
Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Designer, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Designer.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Designer reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Designer to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.