TERM OF BUSINESS
The following Terms of Business apply to all artwork, graphic design, print and services provided by Design Bean. By ordering services from Design Bean, you are agreeing to the following terms and conditions. If there is any term or condition that prevents you from dealing with me, I will look at it and, if reasonable, will confirm in writing its exclusion as part of our agreement.
Provision of Services
Design Bean will provide you with the services set out in the design agreement. Only those services mentioned will be provided by Design Bean and any amendments, add-ons or schedule changes must be agreed in writing. This and the following clauses are the general terms and conditions on which those services are supplied and together, with any design agreement, form the total agreement between us.
At the time of proposal, Design Bean will provide the client with a written estimate or quotation by post or email as requested. It may not be necessary to have a signature for the contract to commence. Verbal communication, email communication or other exchange making it clear that the work specified is required to be carried out, shall constitute commencement of the contract and a contractual agreement between the client and Design Bean shall exist based on the quotation with its specifications and these terms and conditions.
Fees for design services to be provided by Design Bean will be set out in the written estimate or quotation that is provided to the client. Cost estimates and quotations are valid for a period of 30 days unless otherwise stated. In the case of an estimate, the final cost may vary from that given.
At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the terms and conditions, a non-refundable deposit of the quoted fee will be required on design work worth over £300.00. Work on the project will not commence until Design Bean has received this amount.
All design fees include a Web PDF and a Jpeg for social media. Print PDF's will be supplied if requested.
If a working file (Indesign file) is required, there will be a charge for the time for this as the artwork remains property of Design Bean.
Charges for Other Services
Charges for any additional services over and above the estimated design will be made known to the client. They will become fully payable at the time of project completion.
The client agrees that changes required over and above the estimated work, in addition to the agreed scope of work, 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 Bean holds no responsibility for any amendments made by any third party, before or after a design is published.
Payment terms are strictly as follows unless otherwise agreed;
14 days for all artwork
30 days for all print work
While any payment due under the agreement remains outstanding, Design Bean shall be entitled, at my sole and absolute discretion, to withhold provision of any goods or services I would otherwise be obliged to provide under the agreement. Design Bean expects payment by cheque or electronic bank transfer within 14 or 30 days from the date on the invoice.
Returned cheques will incur an additional fee of £50 per returned cheque. Design Bean reserves the right to consider an account to be in default in the event of a returned cheque.
In accordance with the Late Payment of Commercial Debts Act 1998, interest will be charged on all payments received outside of payment terms at the rate of 8% above the Bank of England Base Rate, as applicable on the previous 31 December or 30 June, whichever is the most recent. If case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process.
If for any reason whatsoever I am unable to provide an agreed product or service in accordance with these terms and conditions, my liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product.
If necessary, Design Bean reserves the right and the client hereby agrees, to allow the use of sub-contractors or agents to work on any aspect of the design or website.
All material, both text and images, supplied by the client and used in the construction of the client’s project, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The customer shall indemnify Design Bean against any and all claims arising from the use of materials of any sort provided by the client or obtained under the direction of the client from third parties, such as graphic designers.
The copyright for all material provided by Design Bean, such as HTML code, graphics, photographs and text, will remain the property of Design Bean until such time as payment has been made in full. If multiple design concepts are submitted, only one concept is deemed to be given by Design Bean as fulfilling the contract. All other artwork designs remain the property of Design Bean, unless agreed in writing.
Testimonial, Reference and Links
Design Bean retains the right to display graphics and other web design elements as examples of work in my respective portfolios. Design Bean retain the right to refer other prospective clients to your website as testimonial or reference material.
If, for any reason whatsoever, Design Bean is unable to provide an agreed product or service in accordance with these terms and conditions, my liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product. The entire risk as to the quality and performance of the website or other services is with the client. In no event will Design Bean be liable to the client or any third party for any damages, including, but not limited to, service interruptions caused by acts of god, the hosting service or any other circumstances beyond the control of Design Bean, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website or other services, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitors' computer or Internet software, even if Design Bean has been advised of the possibility of such damages.
Advice and Consultancy
Any advice given in respect of software, hardware, programming, design, purchasing, hosting, training, upgrading, installing or any other advice, suggestion, recommendation or otherwise of any product or service provided by me or by a third party, whether introduced by me directly or indirectly, is accepted by you as an opinion and as such you agree that prior to acting on any of the aforementioned that you will first obtain professional advice. You further agree to indemnify me of all liability with regard to any decision or action performed by you that, may or may not, be a direct or indirect result of any contact or dealing with me.
Design Bean’s preferred method of communication is by email. Invoices and quotes will be sent by email and shall form a legal document just as if sent by traditional post. The design process will be undertaken by telephone conferencing, file design submission on email, or other method as appropriate to the client's particular circumstances.
A reasonable allowance for an initial briefing and discussion is allowed for in the quotation. Any extra meetings requested outside of this will be charged at an hourly rate.
Cancellation of orders may be made initially by telephone contact, however, following this, Design Bean will need formal notification in writing. 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 Bean within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Neither party shall be deemed in default of this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.
Rights of Refusal
Design Bean 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 Bean also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Design Bean does include in all good faith, and then finds out that contravenes these terms and conditions, the client is obliged to allow Design Bean to remove the contravention without hindrance, or penalty. Design Bean is to be held in no way responsible for any such data being included.