Terms & Conditions
Rev 7 – 30/04/20
ink and its associated aliases are trading names of Designed by Ink, registered in the UK.
Designed by Ink is a partnership of Matthew Jones and Nicole Rawson
The latest revision of these terms automatically overwrites and overrules any and all of the terms in previous revisions.
For the most up-to-date copy of this document, visit www.designedbyink.co.uk/terms
3M BIC, Firth Street
HD1 3BD, UK
All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.
All work is billed in full upon completion of the project, or at relevant intervals as previously agreed with the client.
All estimates are based on the expected or agreed timescale and include the necessary fees for alterations as and when called for by the client, to a point considered ‘reasonable’ by ink. If additional changes are required outside of the initial forecast or beyond a point of ‘reasonable’ alteration, such work will be quoted for in advance and charged accordingly. We believe alterations should not be quantified - the point of ‘reasonable’ alteration is subjective and changeable, judged at the discretion of ink, dependent on complexity and the related workload.
Where there is a change of brief, ink will inform the client in advance of any extra costs likely to be incurred.
The purchaser / client agrees to reimburse ink for any of the following charges incurred outside of the initial estimate, including but not limited to additional print fees, material costs, telephone calls, transportation and travel, shipping, courier fees and insurance, photography, administration, external or freelance support.
ink reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the client. Any outsourced job remains the property / responsibility of the company and such services are deemed to be carried out ‘indirectly’.
Modifications of the agreement must be written, except that the invoice may include, and the client shall pay fees or expenses that were orally authorised in order to progress promptly with the work.
All projects are planned to an agreed schedule. Non-adherence to this schedule by the client may result in compromising final delivery deadlines. If this is likely to occur, ink will advise the client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
Whilst every effort will be made to achieve agreed delivery, ink cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of their control.
For all new clients, payment for the full or part amount may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, ink must receive full payment not later than 30 days after the date of invoice.
All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of ink until full payment has been made and all project costs have been cleared. A PDF of the corresponding invoice with acknowledgement of cleared payment is available upon request. Any usage rights not exclusively granted are reserved to ink. Usage beyond that granted to the client herein shall require payment of a mutually agreed upon additional fee, subject to all terms.
Once final proofs / materials have been signed off, ink cannot be held responsible for any loss or detrimental impact, financial or otherwise, as a direct or indirect result of manufacturing and / or application errors of the product in question.
It is the responsibility of the client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to ink by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. ink will not accept responsibility / liability for infringements caused by any wrongly supplied materials.
Advice of any loss, quality or damage issues must be reported to ink within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing within three working days thereafter. ink shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
In the event of any bona fide dispute or difference arising between the parties in connection with the contract (excluding any dispute relating to non-payment of the charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the client to inform ink immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
The maximum liability of designer to client for damages for any and all causes whatsoever, and client’s maximum remedy regardless of the form of action, shall be limited to an amount equal to the total fees paid by client to designer hereunder. In no event shall ink be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or related to the services, even if ink has been advised of the possibility of such damages.
Whilst taking every care to protect all media and correspondence supplied, ink cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
ink cannot guarantee the client exclusivity of any creative concept, strategy, design or other intellectual property provided. Therefore ink will not accept liability for any alleged claim from the client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
Clients shall have sole responsibility for ensuring that any trademarks or copyrights do not infringe the rights of third parties. Clients shall indemnify, save and hold harmless ink from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party alleging trademark infringement or arising out of a client’s failure to obtain trademark clearance or permissions for the use of trademarks.
It remains the client’s responsibility to seek copyright protection if desired for any creative / intellectual property provided to the client by ink.
The client is solely responsible for all compliance with laws, government rules or regulations applicable to the client’s final products.
If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that ink judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing. In this instance, ownership of all copyright and the original artwork shall be retained by ink. The client should return all artwork including digital media, and is expected to permanently delete all digital copies thereof within 30 days of cancellation unless indicated otherwise.
ink reserves the right to use both initial creative concepts and final approved design work for the purposes of the company’s marketing activities (both online and offline) unless otherwise requested / agreed with the client. In addition, such work may also be submitted to design periodicals and competitions under the portfolio of ink.
ink shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), act of god, legislation, war, act of terrorism, fire, flood, drought, failure of power supply, lock out, strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
ink will have lien over any product, data or materials if all payments due have not been paid and cleared in full within 30 days from the date of the invoice, unless otherwise stated in the agreed payment schedule. We reserve the right to withhold supply of goods and, in the case of web services, recall services including the hosting of websites.
In the case of overdue payment, the project and client in question may be subject to additional fees, charged at up to 5% monthly interest on all overdue balances.
The client shall assume responsibility for all collection of fees, legal or otherwise, necessitated by a default in payment.