Terms and conditions – Jan 2021
These terms & conditions will form the basis of the agreement between us (JH Design, Julie Hatton) and the client.
The following terms and conditions apply to all work undertaken, including, but not exclusive to:
- Web design and development, updates and modifications or any other related work for the client.
- Graphic design, desktop publishing, photo editing and retouching.
- Documentation services.
This constitutes the sole agreement between us (JH Design, Julie Hatton) and the client.
General Terms and Conditions
1) Client’s Responsibilities
The client undertakes:
- to give clear and unequivocal instructions.
- to supply all necessary materials, content, and specifications for the work (including graphics, logos, text, photos, other documents).
- to promptly check the design proofs or web pages which are sent to them and confirm their approval in writing or detail any amendments they require in writing (paper or email) within 4 working days, unless a different time scale has been agreed in writing.
If the client fails to give adequate instructions or to comply with its obligations above, we will endeavour to create the works to the best of our abilities but will not be responsible for any delays, extra costs or omissions in the work finally delivered. We may charge the client for any relevant additional costs incurred.
2) Additional Work
We reserve the right to charge extra for any additional work or services which are not included in the original job specification, including additional requirements, or changes to the original job specification once work has begun.
The client must supply details of any changes or alterations to the original design brief in writing.
The client will pay all expenses necessary to complete the work, including costs for stock photographs, hosting, domain names, fonts, software, shipping, travel, telephone and other agreed expenses. Additional work involved in researching, purchasing or setting up these services for the client, and other preparation work will be charged at standard hourly rates.
4) Payment Of Fees
All payments will be due within 14 days of invoice.
Payment for larger projects, such as a web site design, will normally be required in stages (depending on the size of the job) during the design process.
Payments must be made in full before the finished work will be released to the client or uploaded to the client’s web space.
5) Late Payment
Interest and compensation will be charged on overdue payments in accordance with current UK Late Payment Legislation. Any discounts will be withdrawn from overdue invoices.
All legal and professional costs for pursuing debts are to be borne by the client, including any proceedings, solicitors’ fees and disbursements.
If the client does not supply necessary content, feedback or approval when due, and as a result the project is delayed by 14 days or more, then all fees for work done and all expenses and costs up to that point will become due. Where time is spent trying obtain content, feedback or approval from the client or from the client’s representatives, this extra work may be charged at the standard hourly rates.
If at any stage the client decides to cancel or postpone the work, the client must provide notice in writing. In the event that the work is postponed or cancelled at the request of the client, we shall have the right to bill for all work completed up to the date of receipt of that request, along with any expenses, while reserving all rights under this Agreement. Payment will then be due within 14 days of the client’s cancellation.
JH Design shall retain all rights to the work done.
8) Copyrights & Trademarks
The client unconditionally guarantees that any elements of text, code, graphics, photos, designs, trademarks or other artwork supplied for inclusion in and documents or designs are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend us from any claim or suit arising from the use of such elements supplied by the client.
9) Copyright Of Works
Unless specified in writing, any and all rights of copyright or rights to reproduce, reuse, sell, transfer or make gift of any materials, images or content produced by us shall be retained by JH Design / Julie Hatton. The client is granted an exclusive licence to use the works produced for them for the purposes specified in the job description.
10) Right To Refuse
We reserve the right to refuse service for any reason. In no event will JH Design /Julie Hatton be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the refusal of services even if we have been advised of the possibility of such damages.
This section applies to web site design work only, and is in addition to the general terms and conditions above.
1) Amendments to web site design work (with design of a full web site)
The included time for amendments will be limited to 1 – 2 hrs of work at each stage of the design process – up to a maximum of 4hrs work for the whole job. Any further designs, changes or amendments will be charged at the standard hourly rates.
Final payment for web site designs will be due within 14 days of the client’s review and approval of the web pages.
Payment for larger projects, such as a web site design, will normally be required in 2 or 3 stages (depending on the size of the job) during the design process.
3) Legal Information
We do not warrant that the functions contained in these web pages or the Internet web site will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and the web site is with the client. In no event will JH Design / Julie Hatton be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site, even if we have been advised of the possibility of such damages.