1. Introduction
1.1 All work is carried out by Designworks on the understanding that the client has agreed to our terms and conditions.
1.2 These terms and conditions (“the terms”) govern every contract made between Designworks for the supply of goods and services to any person, firm or company (“the client”).
1.3 The terms prevail over any written terms and conditions of the client.
1.4 Any variation to the terms must be agreed in writing by the director of Designworks.
1.5 All contracts between Designworks and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
2. Price and payment
2.1 The client will pay Designworks the agreed fee as estimated.
2.2 Invoices from Designworks to client for supply of goods or services should be paid in full within 7 days of invoice.
2.3 Payment is due on the invoice due date. If payment is not received by that date, interest will be charged on the outstanding balance at 12% per month until paid, together with any reasonable collection costs.
2.4 The client will pay Designworks any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
2.5 After 30 days, Designworks will invoice the client for work completed if feedback is not received to progress the client’s project.
3. Ordering
3.1 Orders for work must be given in writing to Designworks by the client – either by email or mail.
3.2 Not withstanding clause 3.1, if Designworks accepts a verbal order from the client, Designworks will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 Designworks reserves the right to refuse to accept any order.
3.4 Any work we undertake for new clients is subject to written instruction to proceed, together with 50% payment of the estimated cost.
4. Estimates
4.1 All estimates given by Designworks will be valid for 30 days from the date of estimate.
4.2 All estimates will be supplied in writing. The client has to acknowledge that the estimate is acceptable in writing: email or mail. No work will commence until this confirmation has been received by Designworks.
4.3 Acceptance of a estimate is deemed as a contractual agreement between the client and Designworks.
4.4 If at any point during the design or development process a client wishes to terminate the agreement, we shall invoice the client an amount in proportion to the work completed. This will include administration and travel time. No property in the work done shall pass to the client.
4.5 Designworks reserves the right to revisit and increase the estimate if additional time is required to complete the project
5. Proofing
5.1 Designworks will supply the client with either a hard copy or PDF proof.
5.2 Whilst we endeavour to provide a thorough, error-free service, it is the sole responsibility of the client to check all content of said proof – including spelling, grammar, punctuation and use of images – unless otherwise stipulated by Designworks.
5.3 Designworks will provide the client with up to three proofs, unless otherwise agreed at commencement of the project. As a guideline these proofs should progress through the following stages:
Proof 1: amendments to general design/layout (including image usage)
Proof 2: corrections to text (including grammar and spelling)
Proof 3: (final proof) check all content thoroughly and sign off in writing or via email. Designworks cannot accept liability for errors within the copy beyond this stage.
5.4 Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
5.5 All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that Designworks shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter or any other materials supplied by the customer and the printed article the subject of the customer’s order.
6. Turnaround times
6.1 Turnaround times are normal target times only and Designworks accepts no liability for failure to meet these times, but will use its best endeavours to do so.
7. Image quality
7.1 Designworks will inform the client if images supplied are – in their professional opinion – not of suitable quality for print. However, if the client once apprised of this, chooses to retain use of the image in question, Designworks will not be held responsible for quality of reproduction.
8. Print material and finish
8.1 Unless stated by the client, Designworks will decide, at its sole discretion, weight of material and which print finish to use.
9. Websites, emails and hosting
9.1 Designworks will take reasonable care in the design and development of websites but cannot accept responsibility for ensuring that any website is indexed, catalogued or ranked by search engines.
9.2 While Designworks will work to achieve consistent display across commonly used browsers and devices, we cannot guarantee that the appearance or functionality of any website will remain uniform across all browser versions, operating systems or screen dimensions not specified during the project.
9.3 Designworks will supply the client with all login information associated with their website, hosting or related services. The client is responsible for maintaining the confidentiality and security of this information.
9.4 Following completion of a website project, Designworks is not responsible for the maintenance, monitoring, security or technical upkeep of the site unless a separate agreement is in place. This includes updates to content management systems, plugins, themes or any third-party software.
9.5 If payment for design, development or hosting services is not received within the agreed time, Designworks reserves the right to suspend services or remove any unpaid-for content from the client’s website.
9.6 Unless otherwise stipulated in writing, the client is solely responsible for ensuring that payments for domain names, hosting plans and any associated services (whether monthly or annual) remain up to date. Designworks is not liable for service interruptions, loss of data or domain expiry resulting from missed payments.
9.7 Where Designworks provides or resells hosting, uptime, data integrity and service performance are governed by the underlying hosting provider’s terms. Designworks cannot accept liability for outages, data loss, security incidents or performance issues arising from the actions of third-party hosting suppliers.
9.8 Designworks will take reasonable measures to provide a secure hosting environment where applicable, though we cannot guarantee protection against unauthorised access, cyberattacks or other malicious activity. Clients are responsible for implementing appropriate internal security practices, including secure password management.
9.9 Unless specified within a hosting or maintenance agreement, Designworks does not guarantee the creation, storage or retention of website backups. The client is responsible for maintaining suitable backup arrangements.
9.10 Designworks is not responsible for the performance, availability or compatibility of any third-party systems, APIs or services integrated into a client’s website. Changes by third-party providers that impact functionality fall outside our responsibility unless covered by a separate support agreement.
9.11 Where Designworks assists in the setup of email accounts or related DNS records, responsibility for the client’s email software, configuration, storage and usage remains with the client. Designworks cannot guarantee email deliverability, as this may be affected by third-party spam filters, hosting restrictions, DNS changes or the client’s own systems.
9.12 The client is responsible for ensuring that their website and associated email services comply with applicable laws and with any acceptable-use policies of hosting or email providers. Designworks reserves the right to suspend services where activity poses a security risk or breaches legal or regulatory requirements.
9.13 Our standard hosting package includes up to 8 GB of storage. If a client’s website or associated content requires storage in excess of this allocation, we may either adjust the hosting fees accordingly or transition the client to a bespoke hosting arrangement. Any change in hosting services, associated costs, and responsibilities will be confirmed in writing prior to implementation.
10. Colour balancing
10.1 Designworks will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids.
10.2 If no such request or reference material is provided by the client Designworks will scan and/or print images using its own ‘judgement’ for colour balancing.
11. Uncollected work
11.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Designworks reserve the right to dispose of such material.
12. Copyright and moral rights
12.1 All creative material produced by Designworks – including logo visuals, design proofs, website design and design concepts – remains the legal copyright of Designworks until such time as the client’s payment is received and the contract completed, or until written confirmation has been given.
12.2 Designworks claims no copyright in material submitted to us for the purposes of fulfilling the client’s instruction.
12.3 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Designworks.
12.4 The client also warrants that no copyright or moral rights will be infringed by Designworks carrying out the requested work.
12.5 The client agrees to indemnify Designworks against all losses, damages, claims or expenses which Designworks may incur by virtue of any breach of the above warranties.
13. Liability
13.1 The client must contact Designworks concerning details of an invoice within 7 days of the date of the invoice.
13.2 Designworks liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Designworks for whatever reason;-
13.2.1 Will be limited to the replacement cost of the actual material and;
13.2.2 Designworks will not be liable for the cost of reshooting or reprinting the material contained on the material and;
13.2.3 Designworks will not be liable for any loss or damage to the client or any other party including loss of income and;
13.2.4 It is the client’s responsibility to insure against such loss and damage.
13.3 Designworks will not be liable for failing to complete any contract between Designworks and the client due to circumstances beyond Designworks’ control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
