Terms & Conditions
To make sure we're all on the same page, we have a few terms and conditions.
The following Terms and Conditions of Service apply to all products and services provided by Design F Limited (hereinafter referred to as Design F) to the customer (hereinafter referred to as the Client and defined as any person, professional body or company) and in the event of any dispute are governed by the laws of England.
All work is carried out by Design F on the understanding that the Client has agreed to our (these) terms and conditions, a link to which is provided in our email signature.
Copyright is retained by Design F on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and / or after all costs have been settled by the Client.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Design F, unless specifically agreed in writing.
Design F requires a detailed brief in writing from the Client to create any design or website, or to provide a project cost. If a detailed brief is not supplied, or a quote or estimate not requested, work will be charged on a reasonable (and honest) hourly rate at the discretion of Design F.
If the Client asks, Design F will provide the Client with a written estimate or quotation by email. Otherwise, work will be charged at a reasonable (and honest) hourly rate at the discretion of Design F. These Terms and Conditions can be read at any time on the Design F website.
A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Design F.
Alternatively, the Client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Design F Terms & Conditions are what govern the job, not any conditions on the Client’s purchase order, verbal or written agreement.
At the time of the Client’s acceptance of any estimate, quotation or agreement (verbal or written) indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due from the Client, unless otherwise specified.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
If the Client does not provide a response to a project within 14 days, or cancels a project that has already been started, any work carried out up to this point will become chargeable, will be invoiced and becomes payable immediately.
Out of Hours Rates
If a project is briefed in late and Design F are required by the Client to work weekends or holidays, we will charge the Client 2x the agreed rate for time spent out of reasonable working hours.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The Client may choose to pay Design F a regular sum (e.g. a weekly / monthly / annual period) as a retainer for continued / long-term service throughout which unused hours may be rolled over to the following period in exchange for provision by the Client of reasonable and agreed notice of cancellation. Retainer invoices must be paid in advance for any work to commence. If the Client chooses to cancel the agreement, they must provide notice as agreed. Failure by the Client to provide the agreed notice of cancellation will result in the loss of any accrued hours. Failure to pay a retainer will also result in the loss of any accrued hours. The agreed notice must be provided following payment of the final invoice. If insufficient notice (as per an agreement) is provided by the Client, the following payment will still be due, and non payment of the invoice will result in the loss of any accrued hours. Unused credit can only be used for design time and may not be used to purchase any external items or services (for example, printed items or external consultancy). Unused credit may only be used by the specified Client and cannot be transferred to another Client, company or other entity.
The Client will be provided with a proof via email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the Client will also be required to sign and return the Approval Form or signify approval by email to Design F.
Any invoice queries from the Client must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments must be made by online transfer.
Publication and / or release of work done by Design F on behalf of the Client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Design F shall be entitled to remove Design F‘s and / or the Client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the Client of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all Design F‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Design F for inclusion in the Client’s website or other medium, the Client declares that it holds the appropriate copyright and / or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Design F on behalf of the Client, will remain the property of Design F and / or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose.
The Client may request in writing from Design F, the necessary permission to use materials (for which Design F holds the copyright) in forms other than for which it was originally supplied, and Design F may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the Client, not Design F.
By supplying images, text, or any other data to Design F, the Client grants Design F permission to use this material freely in the pursuit of the design.
Should Design F, or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Design F to remove and / or replace the file on the site.
The Client agrees to fully indemnify and hold Design F free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and / or any other necessary permissions.
Design F includes in the price of any estimated work, 3 (three) rounds of alterations. Further alterations will be charged additionally to the original estimate / quotation.
The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The Client also agrees that Design F holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the Client by Design F, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Design F and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Design F will not be held responsible for any and all damages resulting from such claims.
Design F is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Design F responsible for any such loss or damage.
Any claim against Design F shall be limited to the relevant fee(s) paid by the Client.
The client agrees to Design F’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Design F in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Design F via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Design F will not be held responsible for any image quality which the client later deems to be unacceptable.
Design F cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
Design Project Duration
Any indication given by Design F of a design project’s duration is to be considered by the Client to be an estimation. Design F cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Design F for the initial payment or by date confirmed in writing by Design F.
Rights of Access for Website Construction
The client agrees to allow Design F all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The Client also agrees to allow Design F access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The Client agrees to supply Design F with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Design F considers the design project complete upon receipt of the Client’s signed approval form or sign off email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Design F requires that a template is approved by the Client before coding of a site commences. Once the template(s) for the web site are approved by the Client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Design F will provide the Client with the opportunity to review the resulting work. Design F will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Design F by e-mail.
Design F will consider that the client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.
Third Party Software
The Client agrees that the Design F cannot be held responsible for issues caused the by end of life, malfunction, or change in function of any third party software used to provide or enhance functionality of any work provided to the Client.
Design F offers a limited hosting services through an out-sourced virtual server. Design F does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Design F may request that clients change the type of hosting account used if that account is deemed by Design F to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Design F’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Design F are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.
Design F cannot guarantee the availability of any domain name. Where Design F is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Design F cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Design F recommend that Clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The Client agrees to allow Design F to place a small credit on printed material exhibition displays, advertisements and / or a link to Design F own website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The Client also agrees to allow Design F to place websites and other designs, along with a link to the client’s site on Design F’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Design F will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Design F also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Design F does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow Design F to remove the contravention without hindrance, or penalty. Design F is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Design F will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Design F within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Design F makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Design F will not be held responsible for any and all damages resulting from products and / or services it supplies. Design F is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Design F responsible for any such loss or damage. Any claim against Design F shall be limited to the relevant fee(s) paid by the Client.
Design F reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Design F will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Design F and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Design F recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Design F reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and / or any other services offered by Design F, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at designf.co.uk.
An estimate validated by the Client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Design F.