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Last Updated
October 18 2018
These Standard Terms apply to all products and services provided by Attribute Design, unless otherwise agreed in writing.
Agency
Attribute Design accepts orders and instructions on the understanding that those instructing us do so as principals and are liable directly to us for payment of our account.
Use of Third Party Contractors
We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
Adequacy of Instructions
Services are provided on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
Copyright and Publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
Should the customer supplied material used in any project by Attribute Design, believed to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Attribute Design to remove and/or replace the file on the product.
Copyright on all provided material, to the client, is retained by us (including; words, pictures, ideas, visuals and illustrations) unless specifically released in writing and after all costs have been settled.
Permission to use materials (of which Attribute Design holds the copyright) can be obtained using the form available here.
Refusal
Attribute Design will not include material including; design, text, images or other data, which is deemed to be immoral, offensive, obscene or illegal.
Proofing
Proofs of work may be submitted for your approval. We shall incur no liability for any errors not corrected by the customer in proofs submitted. Alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to our judgement, changes made by the customer shall also be charged extra.
Website Design (only)
- Minor amendments to a site include; small textual changes and revision of the placement of items within a template.
- Minor changes do not include changes to imagery, colour schemes or any features of the sites navigation.
- Minor changes can be supplied to Attribute Design via email or client portal.
The original draft will be deemed accepted, if no notification of changes it received (in writing), within 14 days of the start of the review period.
Domain Registration
Attribute Design cannot guarantee the availability of any domain name.
Where we are required to register the domain on behalf of the client, we will endeavour to do so but the client should not assume successful registration.
If a domain is not available, we will offer a list of similar available domains (although these cannot be guaranteed and will require fast response to increase the availability chance).
Website Hosting
Attribute Design offers a limited in-house hosting service, provided by an out-sourced virtual server.
We do not guarantee continuous service and will accept no liability for the loss of service, whatever the cause, and we may request that a client change the type of hosting account used if the current account is deemed by us to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient for purpose.
Fees for hosting on Attribute Designs virtual server are due on the commencement of any period of service and are considered non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Attribute Design will not be held liable for their payment, nor for the renewal of domain names, which is the sole responsibility of the customer/domain owner.
Data Formats
In acceptance of a project, the client agrees to Attribute Design’s definition of acceptable means of supplying data as listed in the project proposal.
- All text copy should be supplied to Attribute Design in a digital format (.txt or .doc) and supplied via memory card or email.
- Images should be supplied in electronic format and provided at correct size and resolution for the project, without need of substantial image processing.
We hold no responsibility for any image quality deemed un-satisfactory by the client on supplied materials. We cannot be held responsible for the quality of any images which are scanned from printed materials.
Additional expenses may occur for any necessary action, including but not limited to photography and art direction, photography searches, media conversion, digital image processing, or colour correction and alteration of images.
Third Party Reliance
Our services are provided solely for the use of our client and shall not be used or relied upon by any other third party.
Delivery of Products and Services
Our services are provided solely for the use of our client and shall not be used or relied upon by any other third party.
Quotations and Costs
At the time of proposal, Attribute Design will provide the customer with a quote in writing (please note all quotations are estimates, and we will endeavour to make these as accurate as possible). Any changes to the quote will be provided to the client immediately.
Our quotes are valid for 30 days. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers). Where outside costs are incurred, we reserve the right to add margins as we see fit. No work on a project will commence until acceptance of the quotation, and on signing of the quotation these terms have been agreed.
Our hourly rate is £100.00 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author’s changes is charged at this rate.
Payment
A final invoice will be sent at the end of the project (or monthly depending on the scale of the project). Payment in full or instalments is considered acceptance of the final cost.
- Accounts should be cleared within 15 days of the date of invoice.
- After this point an additional charge of 20% per month will occur.
- Returned cheques will incur an additional £50 charge. Attribute Design reserves the right to consider an account to be in default in the event of a returned cheque.
We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
Default
Any default on payment, Attribute Design shall be entitled to recall/remove all content from any and all websites until the due amount has been fully paid. This includes any charges involved in late fees, hosting, domain registration, design and maintenance, sub-contractors, printers.
Removal of said items does not relieve the customers’ obligation to pay agreed and overdue fees.
Clients whose accounts become default agree to cover all legal and third party collection fees and expenses occurred in the enforcement of these terms and conditions.
Cancellation
Cancellations of orders may be made initially by telephone, or email, however, following this, Attribute Design will require a formal written notification via email or post.
The client will then be invoiced for work completed to date that is over, and beyond the cost of any previous payments. The balance of the charge must be paid within 15 days of invoice.
Note that any cancellation, which is not formally confirmed in writing and received by Attribute Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Source Files
Charges for design work include final articles only and do not include working files (e.g. indd, psd, ai or any other source files).
These can be provided for an additional charge provided in an additional quotation (or included in the original quotation if listed from the start of the project) or for a pre-agreed ‘buy-out’ charge.
Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
Compatibility
We try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Internet Explorer and Mozilla Firefox running on Windows 2000 Professional, Safari, Chrome and other mainstream browsers. Due to the large number of possible operating systems and browser combinations we cannot guarantee our websites will function correctly on all systems and request that you detail specific browser requirements when placing an order for a website.
Non-Completion of Services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
Use of Work for Self-Promotion
We reserve the right to use any work we produce for the purpose of self-promotion.
The client agrees to allow Attribute Design to place a small credit on printed materials (unless otherwise stated) including; displays, advertisement and/or a link to Attribute Design’s website on digital materials and websites.
Design Credits will usually be in the form of a small logo or line of text placed towards the bottom of a page.
Changes to Terms and Conditions
We reserve the right to make changes to these terms and conditions from time to time.
Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
