The following Terms and Conditions of Service apply to all artwork, graphic design, print and any other services provided by Dominic Sinclair Designs.
All design work is carried out by Dominic Sinclair Designs on the understanding that the client has agreed to abide by these terms and conditions.
If multiple design concepts are submitted, only one concept is deemed to be given by Dominic Sinclair Designs as fulfilling the contract. All other artwork designs remain the property of Dominic Sinclair Designs, unless agreed in writing.
Under international copyright law, the designer (Dominic Sinclair Designs) is the owner of all rights to all files and artwork created by Dominic Sinclair Designs for the client. The client is the owner of the licensed end product (i.e. a printed business card).
PLEASE NOTE: We do not work with third party designers’ files without written permission from the original designer (as they hold the legal copyright to the files and need to give us permission to work on their files) AND the original layered files suitable for Photoshop, any fonts (for pc) used as well as any other asset files.
1) Project Acceptance
At the time of proposal, Dominic Sinclair Designs will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Dominic Sinclair Designs. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Dominic Sinclair Designs’ terms and conditions. No work on a project will commence until either document has been received by Dominic Sinclair Designs.
2) Design Fees
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Our average rate is currently £50/hr – a little more than a mechanic, but a lot less than a solicitor.
For projects with a value under £1000, a 100% deposit will be required in advance to secure our services. For projects with a value of over £1000, a 50% deposit will be required.
Dominic Sinclair Designs normally charges on a ‘per job’ basis. However, in certain circumstances, an ‘Ongoing Design Contract’ may be considered. Prices for this service will be negotiated between the client and Dominic Sinclair Designs.
Sometimes, a ‘Daily Rate’ would be more cost efficient for the client. Dominic Sinclair Designs’ daily rate is currently £350.00* per day. This is from 10am up until 6pm of any given day Monday to Friday. Prices for working over a weekend or overnight will be negotiated between the client and Dominic Sinclair Designs.
3) Release of Artwork/files/etc.
Unless otherwise agreed, no file or artwork or creative etc. will be released by Dominic Sinclair Designs for any kind of use until after any outstanding invoice has been paid in full. PLEASE NOTE: Dominic Sinclair Designs does NOT release the original PSD or any other file for any project, unless they have been created under a monthly design, and that retainer is fully paid and up to date. In this case the files belong to the client.
4) Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
5) Payment Terms
Where a client has applied for and been approved for a credit facility, the payment terms offered will be at the sole discretion of Dominic Sinclair Designs. The client agrees to make payment within whichever terms are offered.
Where a client has not applied for or not been approved for a credit facility, the terms offered will either be ‘In Advance’, where payment in full must be made prior to any work being started by Dominic Sinclair Designs, or, ‘By Return’, where payment must be made within 5 working days of the invoice date. Where any payment term is not adhered to, reports will be made against the client or their company’s credit file. Also recovery proceedings may be started at the clients’ expense. The client agrees to pay for any and all recovery proceedings started by Dominic Sinclair Designs against them.
Any credit terms offered, will be exclusively at the sole discretion of Dominic Sinclair Designs and may be withdrawn at any time, for any reason and without any prior notice.
The client will be asked to provide artwork sign off prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount plus a late payment fee as set out in clause 8) Default. The client agrees to pay any such fees.
Payments are to be made by Bacs, Cash, Credit Card or previously agreed electronic funds transfer.
Publication and/or release of work done by Dominic Sinclair Designs on behalf of the client, may not take place before funds have cleared.
Dominic Sinclair Designs does not accept cheques as a method of payment. The client acknowledges this.
If the client wishes to query an invoice or any item on an invoice, they have 5 working days from the invoice date. If no query is raised within this time, for whatever reason, it will be taken that the client has accepted the invoice for payment. No query will be accepted after 5 working days from the original invoice date.
7) Credit Facilities
Credit facilities may be offered at the sole discretion of the Directors of Dominic Sinclair Designs. We will make a search with a Credit Reference Agency, which will keep a record of that search and will share that information with other businesses. In some instances, we may also make a search on the personal credit file of Owners, and/or principal Directors. Should it become necessary to review an account, then again, a credit reference may be sought and a record kept. We will monitor and record information relating to your trade performance and such records will be made available to Credit Reference Agencies who will share that information with other businesses when assessing applications for credit and fraud prevention.
Where a credit facility is agreed and offered, the client agrees to settle their account within the agreed credit terms. The client also agrees that if their account exceeds the agreed terms, even by 1 day, that a £50 ‘Late Payment Fee’ will become payable by the client. If a credit account remains unpaid for 30 days, the credit facility will be removed, and the client agrees that Dominic Sinclair Designs shall take all necessary steps and actions to claim the full amount outstanding, along with any fees and charges incurred in the collection thereof.
Dominic Sinclair Designs reserves the right to cancel, suspend and/or remove credit facilities at any time without prior notice.
An account shall be considered to be in default if it remains unpaid for 30 days from the date of invoice. Dominic Sinclair Designs shall be considered entitled to remove Dominic Sinclair Designs 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, asset libraries etc.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Dominic Sinclair Designs reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
In addition to the above, where an account remains unpaid over and above any ‘Payment Terms’, a late payment fee of £50 will be added to the clients account. Each 30 days the account remains unpaid in full, a further late payment fee of £50 will be added to the clients account. The client agrees to pay any and all such fees.
9) Copyrights and Trademarks
By supplying text, images and other data to Dominic Sinclair Designs for inclusion in the customer’s brochure or any other media, 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.
Any artwork, images, or text supplied and/or designed by Dominic Sinclair Designs on behalf of the customer, will remain the property of Dominic Sinclair Designs and/or his suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from Dominic Sinclair Designs, the necessary permission to use materials (for which Dominic Sinclair Designs holds the copyright) in forms other than for which it was originally supplied, and Dominic Sinclair Designs may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Dominic Sinclair Designs reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Dominic Sinclair Designs, the customer grants Dominic Sinclair Designs permission to use this material freely in the pursuit of the design and to utilise the designs in Dominic Sinclair Designs’ portfolio unless agreed otherwise.
Should Dominic Sinclair Designs, 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 agrees to allow Dominic Sinclair Designs to remove and/or replace the file.
The customer agrees to fully indemnify and hold Dominic Sinclair Designs free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly, and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly.
We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing, so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
Any design, copy-writing, drawing, idea or code created for the customer by Dominic Sinclair Designs, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Dominic Sinclair Designs and any of its relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Dominic Sinclair Designs will not be held responsible for any and all damages resulting from such claims. Dominic Sinclair Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Dominic Sinclair Designs responsible for any such loss or damage. Any claim against Dominic Sinclair Designs shall be limited to the relevant fee(s) paid by the customer.
In any circumstance, and under International Copyright Laws, all rights to all works created by Dominic Sinclair Designs remain with Dominic Sinclair Designs.
12) Data Formats
The client agrees to Dominic Sinclair Designs ‘s definition of acceptable means of supplying data to the company.
Text is to be supplied to Dominic Sinclair Designs in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, DVD-ROM, USB Memory stick/card or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Dominic Sinclair Designs via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Dominic Sinclair Designs will not be held responsible for any image quality which the client later deems to be unacceptable. Dominic Sinclair Designs cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
13) Design Project Duration
Any indication given by Dominic Sinclair Designs of a design project’s duration is to be considered by the customer as an estimation. Dominic Sinclair Designs cannot be held responsible for any project over-runs, whatsoever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Dominic Sinclair Designs.
14) Design Project Completion
Dominic Sinclair Designs considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc. either contracted on the clients’ behalf constitute a separate project and can be treated as a separate charge.
15) Design Credits
The customer agrees to allow Dominic Sinclair Designs, at its sole discretion, to place a small credit on printed material, exhibition displays, advertisement. This will usually be in the form of a small logo and/or line of text placed in an inconspicuous place on the finished media.
The customer also agrees to allow Dominic Sinclair Designs to place all designs on Dominic Sinclair Designs’ own website and/or Facebook page for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
16) Rights of Refusal
Dominic Sinclair Designs 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. Dominic Sinclair Designs also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Dominic Sinclair Designs does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Dominic Sinclair Designs to remove the contravention without hindrance, or penalty. Dominic Sinclair Designs is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Dominic Sinclair Designs will need formal notification in writing to the company’s postal address. 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 Dominic Sinclair Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
18) Cancellation of Contracts
Cancellation of any design contract may be given by either party, and should be in writing, giving the other party a minimum of 30 days notice.
Once notice to cancel a contract has been given, a fair usage policy will come into effect. This means that a client cannot suddenly request or demand a workload greater than that which would normally have been done under the previous ongoing contract. If this happens, Dominic Sinclair Designs reserves the right to refuse any such unfair usage request, and the client agrees not to behave in a way that would be detrimental to the remainder of the notice period in any way.
After a contract has been cancelled, the client will have up to 6 months to request any and all files held by Dominic Sinclair Designs. Should the client wish to take ownership of any and all files, a fee of £1 per Megabyte will become payable prior to any file transfer. Any such transfer is done on the understanding that under international copyright law, all rights to files or artwork created by Dominic Sinclair Designs remain with Dominic Sinclair Designs at all times. Any such artwork may only be used by express written permission from Dominic Sinclair Designs and after a re-license fee has been paid (re-licensing fee amount will be at the sole discretion of Dominic Sinclair Designs). Any files held by Dominic Sinclair Designs may be deleted by Dominic Sinclair Designs after this period.
Dominic Sinclair Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dominic Sinclair Designs will not be held responsible for any and all damages resulting from products and/or services it supplies. Dominic Sinclair Designs is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Dominic Sinclair Designs responsible for any such loss or damage. Any claim against Dominic Sinclair Designs shall be limited to the relevant fee(s) paid by the customer.
Dominic Sinclair Designs reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Dominic Sinclair Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Dominic Sinclair Designs and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Dominic Sinclair Designs recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dominic Sinclair Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
21) Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Dominic Sinclair Designs or validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Dominic Sinclair Designs.
Correct at 01/08/2017