Terms and Conditions for b creative branding
Before commencing with a project I require a signed and dated copy of our Terms and Conditions returned to me.
Please note that b creative branding operates on strict 30 day payment terms on project completion. When full payment is completed final artwork and deliverables are released.
The following Terms and Conditions of Service apply to all products and services provided by b creative branding.
All work is carried out by b creative branding on the understanding that the client has agreed to b creative branding’s terms and conditions.
Copyright is retained by b creative branding 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 design is presented, only one solution is deemed to be given by b creative branding as fulfilling the contract. All other designs remain the property of b creative branding, unless agreed in writing that this arrangement has been changed.
At the time of proposal, b creative branding will provide the customer with a written estimate or quotation. This can be in the form of email, hard copy or both.
A copy of the written estimate or quotation must be signed and dated by the customer to indicate acceptance and should be returned to b creative branding. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept b creative branding’s terms and conditions. If no documentation is signed it will be assumed that the client is prepared to accept b creative branding fees after work has been commissioned.
I can be contacted from Monday to Friday between 9am and 5pm. The majority of designer/client contact is normally via email, which helps both parties to keep track of specific design requirements and potential changes, although a contact telephone number will be issued once initial email contact has been made.
Charges for design services to be provided by b creative branding, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.
If the project assigned will be extending over a long period, b creative branding may require payments made in monthly instalments. The client will be made aware that this could be a possibility at the beginning of the project.
Smaller projects will be charged by the hour, but may be rounded down to every fifteen minutes after the first two hours of work completed. Again, the client will be made aware that this could be a possibility at the beginning of the project.
Quotations given will be based on a projected timescale by b creative branding for the project issued. The quotation issued by b creative branding will not alter if the project duration is increased on the part of b creative branding. If the project duration is lengthened by the client then the fee will rise by the hourly rate set out by b creative branding within the original issued quotation.
The quotation will not include print costs and extra charges incurred throughout the project duration by third parties, however, b creative branding will source third party quotations for the project as standard and will issue them as part of the project package unless otherwise instructed at project confirmation.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge as mentioned in ‘Design Charges’ section. The customer also agrees that b creative branding holds no responsibility for any amendments made by any third party, before or after a design is published. We recommend that proofs are viewed in the latest available Adobe Reader and this should be downloaded before giving proof approval.
The customer shall be responsible to ensure that the content of any artwork is correct, this includes print ready artwork supplied by the customer and any design proofs supplied by b creative branding. Artwork supplied by the customer as print ready will be treated as such, any errors including typographical and design errors once printed are without any liability on the part of b creative branding.
Charges for other services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. If a meeting is required before a project is assigned, b creative branding will charge at an hourly rate, which will be made available to the client when requested. If it is decided that no further contact will take place after the initial meeting, then no further charges will be made.
The customer may be provided with an Approval Form and Invoice prior to final publication. The client will make a 50% down payment prior to work commencing. The project can be scheduled once the down payment is received by b creative branding. The down payment is non-refundable. The remaining 50% is payable to b creative branding within 30 days of project completion and before the original artwork is supplied to the client. Under no circumstances will project artworks or deliverables be released until final payment is cleared.
Returned cheques will incur an additional fee of £50 per returned cheque. b creative branding reserves the right to consider an account to be in default in the event of a returned cheque. A processing fee of 3.5% will be chargeable on all quotes and payments.
If the final invoice is not paid within the 30 day period a 5% “delayed payment” fee will be charged at the rate of 5% above the Bank of England base rate. This initial 5% charge will be added upon each recurring 14 day period until the full amount has been received by b creative branding.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following:
a returned cheque. b creative branding shall be considered entitled to remove b creative branding 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 design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay b creative branding reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and trademarks
By supplying text, images and other data to b creative branding for inclusion in the customer’s 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.
All services provided by b creative branding shall be for the exclusive use of the client other than for b creative branding’s promotional use. Upon payment of fees and expenses, the following reproduction rights for all approved final designs created by b creative branding for this project shall be granted:
Client to gain full transferable rights to brand identity.
Client to gain full license to reproduce works through commercial printers.
The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee.
The client shall provide b creative branding with samples of print design that result in such deliverables. Such samples shall be representative of the highest quality of work produced. b creative branding shall use such copies and samples for publication, exhibition, or other promotional purposes. b creative branding shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition or other promotional purposes.
b creative branding may contract with other creative professionals to provide services such as web development, photography and illustration. Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.
By supplying images, text, or any other data to b creative branding, the customer grants b creative branding permission to use this material freely in the pursuit of the design. Should b creative branding, 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 b creative branding to remove and / or replace the file on the site.
The customer agrees to fully indemnify and hold b creative branding 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.
If, after project commencement, client communication (face to face, telephone, or email) stops for a period of 30 days, the project can be cancelled, in writing by b creative branding, and ownership of all copyrights shall be retained by b creative branding. A cancellation fee of 50% of the remainder of agreed unpaid fees will be charged to the client. A new agreement will need to be made for the project to commence if the client wishes to pursue the project in the future.
The client shall inform b creative branding in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
The client agrees to indemnify and hold harmless b creative branding from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including solicitors’ fees and costs, but only to the extent caused by, arising out of, the work supplied by b creative branding.