The following Terms and Conditions of Service apply to all products and services provided by BenBen Design Ltd (hereinafter referred to as BBD) and in the event of any dispute are governed by the laws of England. All work is carried out by BBD on the understanding that the client has agreed to our terms and conditions. Copyright is retained by BBD on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. 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 BBD, unless specifically agreed in writing.
01 PROJECT ACCEPTANCE
At the time of proposal, BBD will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on theBBD website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to BBD. 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 BBD Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
02 DESIGN CHARGES
Charges for design services to be provided by BBD will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. 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 within 30 days following completion of the work prior to upload to the server or release of materials.
03 SOURCE FILES
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.
04 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 customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to BBD. Any invoice queries 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 may be made by online transfer, credit card (Visa, Mastercard) or Debit Card. Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery. Publication and/or release of work done by BBD on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. BBD reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. BBD shall be entitled to remove BBD’s and/or the customer’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 customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all BBD’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Any design, copywriting, drawing, idea or code created for the customer by BBD, 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 BBD 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. BBD will not be held responsible for any and all damages resulting from such claims. BBD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BBD responsible for any such loss or damage. Any claim against BBD shall be limited to the relevant fee(s) paid by the customer.
08 COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to BBD for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by BBD on behalf of the customer, will remain the property of BBD and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose. The customer may request in writing from BBD, the necessary permission to use materials (for which BBD holds the copyright) in forms other than for which it was originally supplied, and BBD 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 BBD. By supplying images, text, or any other data to BBD, the customer grants BBD permission to use this material freely in the pursuit of the design. Should BBD, or the customer 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 customer will agree to allow BBD to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold BBD free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer 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 customer also agrees that BBD holds no responsibility for any amendments made by any third party, before or after a design is published.
10 DATA FORMATS
The client agrees to BBD’s definition of acceptable means of supplying data to the company. Text is to be supplied to BBD 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 BBD via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and BBD will not be held responsible for any image quality which the client later deems to be unacceptable. BBD 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.
11 DESIGN PROJECT DURATION
Any indication given by BBD of a design project’s duration is to be considered by the customer to be an estimation. BBD 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 BBD for the initial payment or by date confirmed in writing by BBD. Illness, injury, or other events beyond BBD’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
12 DESIGN PROJECT COMPLETION
BBD considers the design project complete upon receipt of the customer’s signed approval form or signoff 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.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, BBD 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 BBD within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
BBD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BBD will not be held responsible for any and all damages resulting from products and/or services it supplies. BBD 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 customer agrees not to hold BBD responsible for any such loss or damage. Any claim against BBD shall be limited to the relevant fee(s) paid by the customer. BBD 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. BBD will not knowingly perform any actions to contravene these and the client also agrees to be so bound. BBD 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. BBD 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. BBD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.