In these conditions “the Customer” means the person, firm or company who commissions the services of Brandtastic Ltd “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:
The Customer may receive an estimate outlining the project specifications and estimated fees for our time based on our current hourly rate and, where appropriate, any goods and professional services commissioned by us in order to complete the project. Some projects will require an upfront payment of 50% of the estimated fees. We will begin work upon the Customer’s written or oral approval of the estimate and cleared payment of any agreed upfront fees. This will constitute an agreement between us and of the terms and conditions on this page. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for 30 days from the date on the estimate. Where a written estimate is not received or necessary we will charge for time spent on any project at our current hourly rate once we receive Customer’s written or oral approval to commence work. The Company’s charges and hourly rates are subject to change without notice, outside of any prior agreements.
We reserve the right without notice to charge interest on past due balances at the statuary rate with out prior agreement as is our right* and at any rate agreed otherwise in any contract between The Company and The Customer. We reserve the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts. More information on *Late Payment of Commercial Debts [Interest] Act 1998
Revisions and alterations on work requested by the Customer and performed by the Company after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. It is normal practice for contact reports to be issued by the Company’s staff of meetings between the Customer and the Company. If the subject matter of a contact report is not questioned by the Customer within three working days of its receipt, it will be taken to be a correct record of the meeting to which it refers. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at our standard hourly rates.
Any files (proofs) submitted or re-submitted to a client should always be treated ‘as new’ and fully checked. The nature of artwork and design files means that all elements can be connected and therefore anything can be affected by a change. Any proofs we supply which are then signed off by client are expected and presumed to have been checked/read in there entirety – unless we or client specifically states otherwise.
Under no circumstances whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.
The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.
It is the Customer’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his authorised representative is required on return of all proofs or artwork or written confirmation via e-mail or fax prior to release for printing or other implementation.
A design project is considered complete upon receipt of the customer’s final approval. Other services such as web development, printing, display production, website uploading, website population, print production, publishing contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Projects that are left uncompleted by a client for more than 1 month (30 days) without any reasonable progression or further instruction will be invoiced. The invoiced amount will be for the work completed thus far.
Digital Payment Terms: Standard invoice terms are 15 days, however the very nature of online work means that in order for a project to enter the public domain (websites or HTML email campaigns hosted any where other than hostingtastic.co.uk) the code must be be released, thus the company looses overall control of it. All digital projects must paid for in full before code can be released. All website projects will require an initial 50% deposit of the agreed project cost in order to commence.
Completed digital projects: CMS Websites by their very nature are editable by their owners and as such can be populated by them too. Should the client have content ready in good time we will populate up to 10 pages of a new website as part of the project costs – prior to clients training on the CMS. (This population guarantee does not apply to pre-existing sites and those being updated. In this case a quote will be given for any extra population) Should a website or update be in a ‘finished state’** for more than 7 days before a customer has supplied content we will regard the project as complete and raise our invoice for full final payment. If this situation should arise we will always honour the population of 10 pages of the site upon receipt of content, after payment has been made.
** a ‘finished state’ is defined as a website or update that has been fully built with all agreed pages and sections created, all design and layout is as signed off and all features and functionality working correctly. It does not cover content such as, but not limited to, text or pictures to be supplied by the Customer
The Company will take all reasonable precautions to safeguard property entrusted to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed matter. Although we may use our best efforts to guard against any loss arising from the failure of our suppliers, media, or others to perform in accordance with their commitments, the Company is not responsible for failure on their part. We cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents.
All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
Once a project has been delivered by us and is fully paid for by the Customer, the Company will assign the reproduction rights of the design for the use(s) described in the proposal. According to copyright law, the rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators retained by the Company, or purchased from a stock agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (a Buyout) is negotiated on behalf of the Company, you may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and the payment of any additional fees before proceeding. Master artwork including roughs, visuals, mock-ups and presentations is the property of the Company and will not be released or copied for the Client or any third party to use in any way whatsoever without prior written agreement by a director of the Company. We reserve the right to photograph and/or distribute or publish for the company’s promotional and marketing needs any work we create for you, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, brochures, presentations and website and for entry for awards. We will endeavour to store files on computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them without notice.
The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials that we prepare and the customer approves before publication.
Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
The company adheres to the Data Protection Act 1998, the only data we collect from you is freely given and relevant to us to enable the company to perform our work for you.
We use advance technologies to safeguard your data, and keep strict security standards to prevent any unauthorised access to it. We do not pass on your details to any third party unless you give us permission to do so, or we are obliged or permitted by law to disclose it.
Unlike a lot of other fixed price logo design websites out there we are not a network of freelancers working from their back bedroom or a ‘sweatshop’ of mac operators churning out clip art 24/7.
No! Not us! We are part of a passionate and professional design agency that want to offer real quality design work for a price that one-man bands, small businesses and start-ups can afford.
Whether you need a new logo or a complete marketing kit, we are sure to have a package that is right for your needs and budget. Check out the options below to see which one suits you best and then find out how the package comes together
Fill out the form below
We will call you for a chin wag, to find out about your business and any ideas you may have for your new logo, leaflets or brochure
Based on our chat we will get creative and design x3 logo options and present these to you via email. From these you can either select one or ask for amends to be made ~ the fixed price includes x2 rounds of amends.
Your finished logo will be supplied in formats suitable for digital or print use (.jpeg .png .ai .pdf)If you opt for bundles 2-4
You need to supply us with content and details for your stationery, leaflet or brochure
We will then design your stationery, leaflet or brochure ~ taking your new logo as the basis for the design direction. You will again have x2 rounds of amends available
Once approved, your finished artwork will be supplied in a print ready .pdf format via emailOk, Ok... I get it!
Fill out the form below and we will call you right back to kick off the creative process!
Go and see our big brother Brandtastic. They are a full service design agency covering everything from web design and development to exhibitions and lots more besides!