Terms of Business
The following Terms of Business apply to all artwork, graphic design, print and services provided by Paul Hewitt Design Limited. By ordering services from Paul Hewitt Design Limited, you are agreeing to the following terms and conditions.
Provision of Services
Paul Hewitt Design Limited will provide you with the services set out in the design agreement. Only those services mentioned will be provided 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.
Project Acceptance
At the time of proposal, Paul Hewitt Design Limited 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 Paul Hewitt Design Limited shall exist based on the quotation with its specifications and these terms and conditions.
Design Fees
Design service fees provided by Paul Hewitt Design Limited will be outlined in a written estimate or quotation issued to the client. These cost estimates and quotations are valid for 30 days, contingent upon the review of the brief, copy, images, and assets provided. They are subject to amendments and fluctuations in paper prices or any third-party product and service costs. Please note that the final cost may vary from the initial estimate.If a working file (InDesign file) is requested, an additional charge will apply for the time required, as the artwork remains the property of Paul Hewitt Design Limited.
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.
Alterations
The client agrees that any changes required beyond the estimated work, or outside the agreed scope of work, including changes to the supplied copy or modifications after acceptance of the draft design, will incur an additional charge. The client also acknowledges that Paul Hewitt Design Limited is not responsible for any amendments made by third parties, either before or after the design is published.
Payment
Payment terms are strictly as follows unless otherwise agreed;
- 30 days for all print and artwork
While any payment due under the agreement remains outstanding, Paul Hewitt Design Limited shall be entitled, at our sole and absolute discretion, to withhold provision of any goods or services I would otherwise be obliged to provide under the agreement. Paul Hewitt Design Limited expects payment by electronic bank transfer within 30 days from the date on the invoice.
All rights are reserved to charge interest on any monies outstanding under the Late Payment of Commercial Debts (Interest) Act 1998, at 8% above the prevailing Bank of England base rate on a monthly basis. Any monies outstanding may result in the supply of files and services being revoked with no guarantee of being available again in the future.
Delegation and Assignment
Paul Hewitt Design Limited may undertake the work directly or delegate any part of it to others, ensuring that the work meets the required standard. Paul Hewitt Design Limited will be responsible for any fees, remuneration, or expenses due to delegates, and the Client will not be responsible for these payments. Delegation to any employee of the Client is not permitted. Assignment of the entire benefit and obligations under this Agreement requires the Client’s prior written consent.
Intellectual Property
Designs, concepts, and artwork (collectively referred to as ‘Works’) are created by Paul Hewitt Design Limited as the originator to fulfil the brief. The Client is permitted to use these Works provided full payment is received on time. Failure to receive full and timely payment will result in the withdrawal of permission for the Client to use the Works without notice.
Paul Hewitt Design Limited reserves the right to use any Works (approved, rejected, or otherwise) for self-promotion, marketing, and portfolio purposes. Paul Hewitt Design Limited is not liable for any costs or errors resulting from the provision or failure to provide any files, products, or services.
Testimonial, Reference and Links
Paul Hewitt Design Limited retains the right to display graphics and other web design elements as examples of work in my respective portfolios. Paul Hewitt Design Limited retain the right to refer other prospective clients to your website as testimonial or reference material.
Consequential Losses
If Paul Hewitt Design Limited is unable to provide an agreed product or service in accordance with these terms and conditions, liability will be limited to a proportional refund of any fees paid for the service or product. The client assumes all risks regarding the quality and performance of the website or other services.
Paul Hewitt Design Limited will not 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 Paul Hewitt Design Limited. This includes any lost profits, lost savings, or other incidental, consequential, punitive, or special damages arising from the operation or inability to operate the website or other services, failure of any service provider, telecommunications carrier, the Internet backbone, any Internet servers, or the client’s or site visitors’ computer or Internet software, even if Paul Hewitt Design Limited has been advised of the possibility of such damages.
Communication
Paul Hewitt Design Limited’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.
Cancellation
Cancellation of orders may be made initially by telephone contact, however, following this, Paul Hewitt Design Limited 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 Paul Hewitt Design Limited within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Force Majeure
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
Paul Hewitt Design Limited 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. Paul Hewitt Design Limited also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Paul Hewitt Design Limited does include in all good faith, and then finds out that contravenes these terms and conditions, the client is obliged to allow Paul Hewitt Design Limited to remove the contravention without hindrance, or penalty. Paul Hewitt Design Limited is to be held in no way responsible for any such data being included.