1. Interpretation in these Terms of Business
”Designer” means Andrew Cook
”Designer’s Charges” means the charges shown in or calculated as stated in the Estimate.
”Bought Ins” means all goods and services bought in by the Designer from external suppliers for the purpose of the performance of the Services, including but not limited to printing, photography, illustration, library imagery and copywriting.
”Client” means the person named on the Estimate for whom the Designer has agreed to provide the Services in accordance with these Terms of Business.
”Contract” means the contract for the provision of the Services.
”Documents” includes, in addition to any written documentation, any maps, plans, diagrams, graphs, drawings, photographs, film, negative, tape, disc or any other device embodying any form of data.
”Estimate” means the Estimate to which these Terms of business are appended.
”Expenses” means all expenses incurred by the Designer in relation to the performance of the Services, including but not limited to travel, accommodation, couriers etc.
”Internal Charges” means the Designers charges in respect of colour ink jet prints and other materials used in the performance of the Services.
”Input Material” means any Documents or other materials, and any data or other information provided by the Client relating to the Services.
”Output Material” means any Documents or other materials, and any data or other information provided by the Designer relating to the Services.
”Services” means the services to be provided by the Designer for the Client and referred to in the Estimate.
”Terms of Business” means the standard terms and conditions set out in this document and includes any special terms and conditions agreed in writing between the Client and the Designer.
2. Supply of Services
2.1 The Designer shall supply the Services to the Client subject to these Terms of Business. Any changes or additions to the Services or these Terms of Business must be agreed in writing between the Designer and the Client.
2.2 The Client shall at their own expense supply the Designer all necessary Documents, materials or other information relating to the Services, within sufficient time to enable the Designer to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
2.3 The Client shall at their own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. The Designer shall have no liability for any such loss or damage, however caused.
3.1 The Client shall pay the Designer’s Charges and any additional sums which are agreed between the Designer and the Client in respect of any agreed changes or additions to the Services.
3.2 In addition to the Designer’s Charges the Client shall pay and reimburse the Designer for all Internal Costs, Expenses and Bought Ins relating to the Services which shall be charged at cost.
3.3 Unless otherwise stated in the estimate or agreed in writing with the Client, the Designer will be entitled to invoice the Client following the end of each month in which the Services are provided, or the Internal Costs, Bought Ins and expenses bought or incurred, or upon completion of the provision of the Services whichever occurs earlier.
3.4 Payment shall be paid by the Client without any set-off or other deduction within 30 days of the invoice date.
3.5 If the Client wishes to contest any part of an invoice, they must do so within 14 days of the invoice date.
4. Rights in Input Material and Output Material
4.1 The property and any copyright or other intellectual property rights in any Input Material belongs to the Client.
4.2 The property and any copyright or other intellectual property rights in any Output Material shall belong to the Designer, but the provisions of
paragraph 4.3 shall apply.
4.3 The Designer shall grant the Client the rights to use the Output Material for the specific purposes for which it was created, for no further consideration upon the completion of the Contract subject to payment in full of the Designer’s Charges and all other sums payable to the Designer under these Terms of Business. If the Client wishes to use the Output Material for any other purpose or purposes it must first obtain the Designers permission and pay a licence fee of such amount as may be agreed.
4.4 The Designer shall store original artwork produced for the client on file for a period of one year beyond creation, after which time The Designer reserves the right to dispose of it without notice. Duplicate copies can be supplied for an additional charge should the customer request them.
5.1 The Designer shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival, or non-arrival, or any other fault of the Client.
5.2 The Designer shall have no liability to the Client for any content or literal mistakes in any printed material produced for the Client. The Client is responsible for approving Output material for content and accuracy prior to print.
5.3 The Designer shall have no liability to the Client for any claims arising relating to interlectual property rights or copyright. The Client is responsible for availability searches and trade mark registration relating to business and product naming, logo design and tag lines.
6.1 If the Contract is terminated for any reason other than the Designer’s default the Designer shall nevertheless be entitled to be paid the full amount of the Designer’s Charges and for all Bought Ins, Internal Charges and Expenses bought or incurred and to invoice accordingly.
7.1 Acceptance of quote assumes acceptance of Terms and Conditions.
7.2 These Terms of Business (including any additional terms set out in the Estimate) constitute the entire agreement between the parties and may not be altered except in writing between the parties.