‘The Company’ is Mr S Toze T/A Shred Creative. ‘The Client’ means the party, or any person acting on their behalf with whom the Company contracts.
All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate. 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. Deliveries and couriers are additional.
All work is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed.
All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by client.
Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
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, the Company 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, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
For all new clients payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.
Shred Creative reserves the right to invoice in project stages e.g. Stage 1 Conceptual Design, Stage 2 Detailed Design etc. Upon stage completion unless where exceptional terms have been agreed with the client.
Shred Creative reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.
In good faith, Shred Creative would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
Disbursements on behalf of any client may result in a request for payment in advance from the Client.
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 the Company until full payment has been made on the Client’s account, and all project costs have been cleared.
Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
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 Shred Creative by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Shred Creative will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
The Company 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’ by the Company.
As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company 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 the Company 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.
Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Clients best interest.
Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company 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, streamline, colour usage, image style and content, product or otherwise.
It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
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 Shred Creative 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.
The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.
The Company 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.
Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.
The company 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.
Shred Creative will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 1 month from the date of the invoice. We reserve the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services.
WHO OWNS THE COPYRIGHT TO YOUR DESIGN WORK?
The following summarises our understanding but is not intended to be legal advice.
Under UK law, the originator of art, design, music and writing is the copyright owner and has intellectual rights – and these can be licensed to the client or person who commissioned the work for various uses. In general the licensed use is the purpose of the original commission – e.g. design and print of 10k leaflets would mean the sale of a “licence” for exactly that. Further uses of the artwork or its adaptation for another project would be by negotiation, and ownership of the electronic files, the design and all of the component parts remain with the designer. This understanding is basically the same in the UK and in the US and is put succinctly by the American Institute of Graphic Designers:
“Under U.S. copyright law, the designer is the owner of all files and artwork created for the client, and the client is the owner of the end product (i.e. a printed business cards). Release of electronic files to the client is at the discretion of the designer and is determined by the type of project. Copyright ownership may be transferred to the client for a fee that is based on the uses for which rights are being transferred.”
This applies for all forms of creative work – most people are familiar with purchasing or commissioning illustration or photography on the basis of a particular use (indeed the cost generally reflects the usage – front cover, long runs etc attract a higher fee).
SUPPLY OF ELECTRONIC FILES
The whole area of copyright and re-use of artwork has become much more relevant since our work has been produced as computer files. Unfortunately it is a subject which can lead to misunderstanding, especially where designers have released files to clients for any reason. Take the example where a company commissions a designer to design their annual review but wants to organise the printing themselves. The designer supplies the file which is duly printed – but the following year the designer is not commissioned to design the report but sees that his work had been reused (presumably by the printer) keeping the exact same design but changing the text and pictures. He had not, of course, sold the design as a template and was left in an awkward position. This is why we now attach a note to electronic files supplied to clients to this effect: Electronic files supplied are for the stated use only and not to be changed or adapted or reused without written permission from Shred Creative.
Royalty-free imagery is a wonderful resource that has offered a huge range of affordable high quality imagery for designers’ use. There are a few outline regulations for their use: images can only be used by the purchaser, and may not be copied. There are also restrictions on their use on items for sale – e.g. you are not allowed to use them on commercial calendars. Full usage details are always on the companies’ websites.