Terms & Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, Web and services provided by KyDesign.
All design work is carried out by KyDesign on the understanding that the client has agreed to abide by KyDesign’s terms and conditions as set out below.
Copyright and ownership of all graphic design work is retained KyDesign including concepts/ideas, proofs and illustrations (unless specifically released in writing). A release fee will be applied to any artwork files requested at a date later than the initial approval, copyright and ownership will the reside with the customer.
At the time of proposal, Andrew KyDesign will provide the customer with a quotation by email as requested. The client may send an official order in reply to the quotation which binds the client to accept Andrew KyDesign’s terms and conditions.
Design Fees & Payment
Fees for design services to be provided by KyDesign, will be set out in the written quotation that is provided to the customer. Acceptance of the quotation indicates acceptance of the Terms & Conditions.
The client will be asked to provide artwork sign-off before being issued with an invoice and final artwork. The fee must be paid within 30 days from the date of invoice. Accounts which remain outstanding for 30 days after the date of invoice may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. KyDesign shall be considered entitled to remove KyDesign 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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay KyDesign reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to KyDesign for inclusion in the customer’s brochure or other medium, 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 KyDesign on behalf of the customer, will remain the property of KyDesign and/or it’s suppliers.
By supplying images, text, or any other data to KyDesign, the customer grants KyDesign permission to use this material freely in the pursuit of the design and to utilise the designs in KyDesign portfolio unless agreed otherwise.
The customer agrees that changes required over and above the quoted work or required to be carried out after acceptance of the draft design will be liable to an additional charge. The customer also agrees that KyDesign holds no responsibility for any amendments made by any third party, before or after a design is published.
Rights of Refusal
KyDesign 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. KyDesign also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that KyDesign does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow KyDesign to remove the contravention without hindrance, or penalty. KyDesign is to be held in no way responsible for any such data being included.
KyDesign makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. KyDesign will not be held responsible for any and all damages resulting from products and/or services it supplies. KyDesign is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. The customer agrees not to hold KyDesign responsible for any such loss or damage. Any claim against KyDesign shall be limited to the relevant fee(s) paid by the customer.
KyDesign 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. KyDesign will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. KyDesign reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.