TERMS & CONDITIONS
The following terms and conditions apply to all products and services provided by Tom Harris Design.
GENERAL
All work is carried out by Tom Harris Design on the understanding that the client has agreed to Tom Harris Design's terms and conditions. Email confirmation of having received, read and understood the details of these T&C's will be sufficient in ensuring conditions are met. Copyright is retained by Tom Harris Design on all creative design work unless specifically released in writing. If a choice of designs are presented, only the selected designs are to be supplied as part of the contract. All other design work remains the property of Tom Harris Design, unless agreed in writing that this arrangement has changed.
CONTRACTUAL OBLIGATIONS
The contract term will be specified before any work has taken place. In the event either party chooses to end the contract early, said party will be liable for the full amount payable of any remaining contract term.
WORKING HOURS
The client and Tom Harris Design will agree working hours as part of any negotiation. As standard, these will be Fridays and/or Mondays, 9am-5pm (GMT) unless agreed otherwise. The client will be required to have briefed any works to be carried out a minimum of 12 hours before the agreed working hours are set to commence. In the event there is no brief or outline of the works to be carried out ahead of the commencement of the agreed working hours, Tom Harris Design will still be payable as per the agreed contract. Please note, Tom Harris Design will endeavour to be flexible with the client wherever possible.
EMERGENICES AND SICKNESS
In the event of an emergency or sickness, Tom Harris Design retains the right to cancel a working period accordingly. Tom Harris Design and the client can agree to either a) move the contracted hours to a new working period or b) subtract any non-working fees from the invoice. In the event an agreement cannot be reached between Tom Harris Design and the client, option b will be enforced.
PROJECT ACCEPTANCE
At the time of proposal, Tom Harris design will provide the client with a written estimate or quotation. The client may send an official order in reply to the quotation, or an email acknowledging its acceptance. This binds the client to accept Tom Harris Design's terms and conditions. No work on a project will commence until acceptance of the quotation has been received by Tom Harris Design.
PAYMENT TERMS AND CANCELLATIONS
Clients will receive a quotation for the agreed design fee, this must be accepted along with the terms and conditions prior to any design work commencing. An invoice will be issued at a later date once finalised designs have been decided by the client. Payment terms are 30 days from invoice date. Failure to meet payment terms will result in the withdrawal of design services by Tom Harris Design. For new clients a 50% deposit may be required. Overdue payments will incur supplementary costs of £20 per day for exceeding the payment terms. Cancellation made less than 48hrs before the start of the agreed working hours will incur a charge of 50% of the quotation.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and any other data to Tom Harris Design for inclusion in the clients design, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. This include image and font licences. By supplying text, images and any other data to Tom Harris Design, the clients grants Tom Harris Design permission to use this material freely in pursuit of the design.
The usage by Tom Harris Design of fonts and images will require the client to obtain the necessary licenses; this is not the responsibility of Tom Harris Design. Any illustrations, designs, text or images supplied/or designed by Tom Harris Design on behalf of the client will remain the property of Tom Harris Design and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988. The client may request in writing from Tom Harris Design the necessary permission to use materials for which Tom Harris Design holds the copyright, and Tom Harris design at his discretion may grant this.
If Tom Harris Design or the client uses text, image or any other data believing it to be copyright and royalty free, but it subsequently emerges to have copyright or royalty limitations, the client will agree to allow Tom Harris Design to remove and/or replace the file in the design. The client agrees to fully indemnify and hold Tom Harris Design free from harm in all claims resulting in the client not having obtained all the required copyright, and/or necessary permissions.
ALTERATIONS
Quotations provided by Tom Harris Design allow the client to provide to rounds of feedback on alterations, free of charge. The client agrees that changes required over and above this, outside the estimated work period or carried out after the acceptance of the design work will be liable to separate charges. The clients also agrees that Tom Harris Design holds no responsibility for any amendments made by any third party before or after a design is published.
RIGHT OF REFUSAL
Tom Harris Design will not include in its designs, any text, images or other data which it deems to be immoral offensive, obscene of illegal. Tom Harris Design reserves the right to refuse to include submitted material, without giving reason. In the situation where any text, images and/or data that Tom Harris Design does include in good faith, and is subsequently discovered to be in contravention to the terms and conditions, the client is obliged to allow Tom Harris Design the contravention without hindrance, or penalty. Tom Harris Design, is to be held in no way responsible for any such data being included.
PROJECT DURATION
Any indication given by Tom Harris Design of a project's duration is to be considered by the client to be an estimate. Tom Harris design cannot be held responsible for any project that over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that the client accepts quotation and confirms the start date in writing to Tom Harris Design.
Any queries on the above please use the contact me form on this website, with the subject line "T&Cs"